HomeMy WebLinkAbout~Master - Adopting Sections 26.80 through 26.85 for State Law Motor Vehicle Regulations ORDINANCE NO. 3759
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES,IOWA,BY ADOPTING NEW SECTIONS 26.80 THROUGH 26.85;
REPEALING ANY AND ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT;
PROVIDING A PENALTY;AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
enacting new Sections 26.80 through 26.85 as follows:
"Sec.26.80. CARELESS DRIVING.
A person commits careless driving if the person intentionally operates a motor vehicle on a
public road or highway in any one of the following ways:
(1) Creates or causes unnecessary tire squealing,skidding,or sliding upon acceleration
or stopping;
(2) Simulates a temporary race;
(3) Causes any wheel or wheels to unnecessarily lose contact with the ground;
(4) Causes the vehicle to unnecessarily turn abruptly or sway.
[Iowa Code Sec. 321.277A]
Sec.26.81. OPEN CONTAINERS.
(1) A driver of a motor vehicle upon a public street or highway shall not possess in the
passenger area of the motor vehicle an open or unsealed bottle,can,jar,or other receptacle containing
an alcoholic beverage. "Passenger area"means the area designed to seat the driver and passengers
while the motor vehicle is in operation and any area that is readily accessible to the driver or a
passenger while in their seating positions, including the glove compartment. An open or unsealed
receptacle containing an alcoholic beverage may be transported in the trunk of the motor vehicle. An
unsealed receptacle containing an alcoholic beverage may be transported behind the last upright seat
of the motor vehicle if the motor vehicle does not have a trunk.
(2) A passenger in a motor vehicle upon a public street or highway shall not possess
in the passenger area of the motor vehicle an open or unsealed bottle, can,jar, or other receptacle
containing an alcoholic beverage."Passenger area"means the area of a motor vehicle designed to seat
the driver and passengers while the motor vehicle is in operation and any area that is readily accessible
to the driver or a passenger while in their seating positions,including the glove compartment.An open
or unsealed receptacle containing an alcoholic beverage may be transported in the trunk of the motor
vehicle.An unsealed receptacle containing an alcoholic beverage may be transported behind the last
upright seat of the motor vehicle if the motor vehicle does not have a trunk.
(3) This section does not apply to a passenger being transported in a motor vehicle
designed, maintained, or used primarily for the transportation of persons for compensation, or a
passenger being transported in the living quarters of a motor home,manufactured or mobile home,
travel trailer,or fifth-wheel travel trailer.
[Iowa Code Sec. 321.284 and 321.284A]
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Sec.26.82. EQUIPMENT VIOLATIONS.
It shall be unlawful for any person to drive or move,or for the owner to cause or knowingly
permit to be driven or moved on any street any vehicle or combination of vehicles which is in such
unsafe condition as to endanger any person,or which does not have those parts or is not equipped with
such lights and other equipment in proper condition and adjustment as required in Chapter 321 Code
of Iowa or which is equipped with one or more unsafe tires or which is equipped in any manner in
violation of Chapter 321 Code of Iowa. With respect to head lamp and rear lamps, the time for
replacement or repair as provided by Section 321.385A shall be allowed.
[Iowa Code Sec. 321.381]
Sec.26.83. FAILURE TO SECURE CHILD.
(1)A child under three years of age who is being transported in a motor vehicle subject to
registration, except a school bus or motorcycle, shall be secured during transit by a child restraint
system which meets federal motor vehicle safety standards,and the system shall be used in accordance
with the manufacturer's instructions.
(2)A child at least three years of age but under six years of age who is being transported in
a motor vehicle subject to registration, except a school bus or motorcycle, shall be secured during
transit by either a child restraint system that meets federal motor vehicle safety standards and is used
in accordance with the manufacturer's instructions, or by a safety belt or safety harness of a type
approved under section 321.445,Code of Iowa.
(3)This section does not apply to peace officers acting on official duty. This section also
does not apply to the transportation of children in 1965 model year or older vehicles, authorized
emergency vehicles,buses, or motor homes, except when a child is transported in a motor home's
passenger seat situated directly to the driver's right.This section does not apply to the transportation
of a child who has been certified by a physician licensed under chapter 148, 150,or 150A as having
a medical,physical, or mental condition that prevents or makes inadvisable securing the child in a
child restraint system, safety belt,or safety harness.
(4)The operator who violates subsection 1 or 2 is guilty of a misdemeanor and subject only
to the penalty of a fine of twenty-five dollars.
(5)A person who is first charged for a violation of subsection 1 and who has not purchased
or otherwise acquired a child restraint system shall not be convicted if the person produces in court,
within a reasonable time,proof that the person has purchased or otherwise acquired a child restraint
system which meets federal motor vehicle safety standards.
[Iowa Code Sec.321.445 and 321.446]
Sec.26.84. FAILURE TO USE SEAT BELT.
(1)Except for motorcycles or motorized bicycles, 1966 model year or newer motor vehicles
subject to registration in Iowa shall be equipped with safety belts and safety harnesses which conform
with federal motor vehicle safety standard numbers 209 and 210 as published in 49 C.F.R.§571.209-
571.210 and with prior federal motor vehicle safety standards for seat belt assemblies and seat belt
assembly anchorages applicable for the motor vehicle's model year.
(2) The driver and front seat occupants of a type of motor vehicle which is subject to
registration in Iowa,except a motorcycle or a motorized bicycle,shall each wear a properly adjusted
and fastened safety belt or safety harness any time the vehicle is in forward motion on a street or
highway in this state except that a child under six years of age shall be secured as required under
section 321.446, Code of Iowa.
This subsection does not apply to:
(a)The driver or front seat occupants of a motor vehicle which is not required to be
equipped with safety belts or safety harnesses.
(b)The driver and front seat occupants of a motor vehicle who are actively engaged
in work which requires them to alight from and reenter the vehicle at frequent intervals,providing the
vehicle does not exceed twenty-five miles per hour between stops.
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(c)The driver of a motor vehicle while performing duties as a rural letter carrier for
the United States postal service. This exemption applies only between the first delivery point after
leaving the post office and the last delivery point before returning to the post office.
(d)Passengers on a bus.
(e)A person possessing a written certification from a health care provider licensed
under chapter 148, 150, 150A,or 151 on a form provided by the department that the person is unable
to wear a safety belt or safety harness due to physical or medical reasons. The certification shall
specify the time period for which the exemption applies. The time period shall not exceed twelve
months,at which time a new certification may be issued unless the certifying health care provider is
from a United States military facility,in which case the certificate may specify a longer period of time
or a permanent exemption.
(f)Front seat occupants of an authorized emergency vehicle while they are being
transported in an emergency.However,this exemption does not apply to the driver of the authorized
emergency vehicle.
(3)The driver and front seat passengers may be each charged separately for improperly used
or nonused equipment under subsection 2. The owner of the motor vehicle may be charged for
equipment violations under subsection 1.
[Iowa Code Section 321.445]
Sec.26.85. INSURANCE REQUIREMENTS.
(1) Notwithstanding chapter 321A, Code of Iowa, which requires certain persons to
maintain proof of financial responsibility,a person shall not drive a motor vehicle on the highways of
this state unless financial liability coverage,as defined in section 321.1,subsection 24B,Code of Iowa,
is in effect for the motor vehicle and unless the driver has in the motor vehicle the proof of financial
liability coverage card issued for the motor vehicle,or if the vehicle is registered in another state,other
evidence that financial liability coverage is in effect for the motor vehicle.
(2) It shall be conclusively presumed that a motor vehicle driven upon a parking lot
which is available to the public without charge or which is available to customers or invitees of a
business or facility without charge was driven on the highways of this state in order to enter the
parking lot, and this section shall be applicable to such a motor vehicle. As used in this section,
"parking lot" includes access roads,drives,lanes,aisles, entrances,and exits to and from a parking
lot described in this paragraph.
(3) This subsection does not apply to the operator of a motor vehicle owned by or leased
to the United States,this state or another state,or any political subdivision of this state or of another
state,or to a motor vehicle which is subject to section 325A.6 or 327B.6,Code of Iowa.
(4) This section shall be applied and enforced in accordance with Section 321.20B(4)-
(9)Code of Iowa.
[Iowa Code Sec. 321.20B]"
Section Two. Violation of the provisions of this ordinance shall constitute a simple misdemeanor punishable
as set out by law.
Section Three. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of
such conflict,if any.
Section Four. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this ]� day ofr _.
Diane R.Voss,City Clerk Iled Tedescb,Mayor
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