[Ord. 84-247 § 19.1]
No person driving or in charge of a motor vehicle shall permit
it to stand unattended without first stopping the engine, or when
standing upon any perceptible grade without effectively setting the
brake thereon and turning the front wheels to the curb or side of
the street.
[Ord. 84-247 § 19.2]
No person shall operate any vehicle upon a boulevard except
upon a duly authorized permanent or temporary driveway.
[Ord. 84-247 § 19.3]
A.
No person shall drive a vehicle when it is so loaded, or when there
are in the front seat such a number of persons, exceeding three, as
to obstruct the view of the driver to the front or sides of the vehicle
or as to interfere with the driver's control over the driving mechanism
of the vehicle.
B.
No passenger in a vehicle shall ride in such position as to interfere
with the driver's view ahead or to the sides, or to interfere with
his control over the driving mechanism of the vehicle.
[Ord. 84-247 § 19.4]
The driver of any vehicle other than one on official business
shall not follow any fire apparatus traveling in response to a fire
alarm closer than 500 feet or drive into or park such vehicle within
the block where fire apparatus has stopped in answer to a fire alarm.
[Ord. 84-247 § 19.5]
No vehicle shall be driven over any unprotected hose of the
fire department when laid down on any street, private road or driveway
to be used at any fire or alarm of fire, without the consent of the
fire department official in command.
[Ord. 96-154 § 1; Ord. 84-247 § 19.6]
A.
No person shall drive any vehicle past barricades placed upon public
streets by authority of the City with the intention of closing such
streets to traffic except where specifically authorized by an appropriate
sign.
B.
No person shall move or remove such barricades without proper authority
from the City.
C.
A person who violates any of the provisions of this subsection shall
be deemed guilty of a simple misdemeanor and, upon conviction, shall
be subject to a fine of $20.
[Ord. 84-247 § 19.7]
No person shall drive a vehicle across or upon the lawn or private
property of any person except in an emergency situation when a vehicle
is disabled and the driver is attempting to move same from the traveled
portion of a public street.
[Ord. 96-154 § 2; Ord. 84-247 § 19.8]
No person shall drive a vehicle across or upon a driveway, parking
lot or similar type area whether such be public or private, in an
attempt to use the same as a thoroughfare. Any person who violates
the provisions of this section shall be deemed guilty of a simple
misdemeanor and, upon conviction, shall be subject to a fine of $20.
[Ord. 84-247 § 19.9]
No person shall throw or deposit upon any street any glass bottle,
glass, nails, tacks, wire, cans, trash, garbage, rubbish, litter,
offal, or any other debris. No substance likely to injure any person,
animal or vehicle upon such street shall be thrown or deposited by
any person upon any street.
[Ord. 84-247 § 19.10]
Any person who drops or permits to be dropped or thrown, upon any street any destructive or injurious material and other material as defined in Section 10.68.090 shall immediately remove the same or cause it to be removed.
[Ord. 84-247 § 19.11]
Any person removing a wrecked or damaged vehicle from a street
shall remove any glass or other injurious substance dropped upon the
street from such vehicle.
[Ord. 90-212 § 7; Ord. 84-247 § 19.12]
No person riding upon any bicycle, motorcycle, moped, sled or
any other device shall be attached to any moving vehicle upon a roadway.
[New; Ord. 84-247 § 19.13]
A vehicle shall not be driven or moved on any highway by any
person unless such vehicle is so constructed or loaded or the load
securely covered as to prevent any of its load from dropping, sifting,
leaking, or otherwise escaping or its load covering from dropping
from the vehicle, except that sand may be dropped for the purpose
of securing traction, or water or other substance may be sprinkled
on a roadway in cleaning or maintaining such roadway. The provisions
of this section shall not apply to vehicles loaded with hay or stover
or the products listed in Section 321.466, unnumbered paragraphs 5
and 6, of the Code of Iowa.
[Ord. 97-513 § 1; Ord. 84-247 § 19.14]
A.
For the purposes of this section, "funeral procession" means a procession
of motor vehicles accompanying the body of a deceased person during
daylight hours which is being escorted by a vehicle continually displaying
its emergency signal lamps flashing simultaneously and using lighted
head lamps and identifying flags, and keeping all other motor vehicles
with lighted head lamps in close formation.
B.
Upon the immediate approach of a funeral procession, the driver of
every other vehicle, except an authorized emergency vehicle, shall
yield the right-of-way. An operator of a motor vehicle which is part
of a funeral procession shall not be charged with violating traffic
rules and regulations relating to traffic signals and devices while
participating in the procession unless the operation is reckless.
C.
No driver of a motor vehicle shall drive between the vehicles comprising
a funeral procession.
D.
Each driver in a funeral procession shall drive as near to the right-hand
edge of the roadway as practicable and shall follow the vehicle ahead
as close as is safe.
[Ord. 84-247 § 19.15]
No person shall board or alight from any vehicles while such
vehicle is in motion.
[Ord. 2000-444 § 1; Ord. 84-247 § 19.6]
No person shall ride in or on any portion of a vehicle that
was not primarily designed, manufactured and intended for use by motor
vehicle passengers. This section shall preclude persons from riding
within truck bodies in space designed, manufactured or intended for
hauling goods or merchandise, enclosed or unenclosed pick up truck
beds, luggage racks and similar devices or areas. This section shall
not apply to employees, 18 years of age or older, actively engaged
in the necessary discharge of a duty that requires the employee to
ride within the enclosed body of a truck or an enclosed or unenclosed
bed of a pick up truck; or upon private property within the City;
or while such vehicle is participating in an organized and permitted
parade or special event within the City.
[Ord. 2000-444 § 2; Ord. 84-247 § 19.17]
No person shall drive any vehicle in such manner as to indicate
either a willful or a wanton disregard for the safety of persons or
property. This prohibition shall apply to private property except
for those proscriptions concerning unlawful riding.
A driver who operates a motor vehicle while any passenger of said vehicle is riding the vehicle in violation of Section 10.68.160 is guilty of reckless driving.
[Ord. 97-513 § 3]
A person commits careless driving if the person intentionally
operates a motor vehicle on a street or highway in this City in any
of the following ways:
[Ord. 84-247 § 19.18]
No person shall engage in any motor vehicle speed contest or
exhibition of speed on any street and no person shall aid or abet
any motor vehicle speed contest or speed exhibition on any street,
except that a passenger shall not be considered as aiding and abetting.
Motor vehicle speed contest or exhibition of speed are defined as
one or more persons competing in speed in excess of the applicable
speed limit in vehicles on the public streets.
[Ord. 2006-93; Ord. 84-247 § 19.19]
A.
It shall be unlawful for any driver of a motor vehicle to willfully
fail to bring the motor vehicle to a stop or otherwise elude or attempt
to elude a marked official law enforcement vehicle driven by a uniformed
police officer after being given a visual or audible signal to stop.
The signal given by the police officer shall be by flashing red light
and/or siren. The penalty for such offense shall be that as set by
the state for simple misdemeanors.
B.
If a police officer cannot apprehend or identify the driver of a
vehicle that has eluded or otherwise attempted to elude a marked law
enforcement vehicle giving a visual or audible signal to stop, but
can identify the license plate number and provide a brief description
of the vehicle, then the registered owner of said vehicle shall be
guilty of a municipal infraction. The penalty shall be civil in nature,
and as such, will not be reported to the State Department of Transportation.
The fine to be assessed shall be $250 for a first offense, $500 for
a second offense, and $700 for third and subsequent offenses.
[Ord. 84-247 § 19.20]
No vehicle with a licensed weight in excess of seven tons shall
be operated on any of the streets designated by the City Council by
ordinance. However, commercial vehicles engaged in the making of deliveries
or the furnishing of services at premises fronting on the prescribed
streets, or portions of streets, or at premises reasonably contiguous
to said streets may be operated on said streets for such limited purposes
only where it is necessary to travel over all or portions of said
streets to make deliveries or furnish services to said contiguous
premises.
[Ord. 84-247 § 19.21]
When signs are erected giving notice that a bridge has a specific
weight limit, no person shall operate a vehicle with a gross weight
in excess of that posted for the bridge.
[Ord. 98-242; Ord. 84-247 § 19.22]
A.
"Non-motorized device" means roller skates, in-line skates, skateboards,
coasters, and other similar devices, including unicycles, but excluding
bicycles, wheelchairs, baby strollers, baby carriages, and small wagons.
B.
No person upon a non-motorized vehicle shall go upon any street except
while crossing a street within a crosswalk and when so crossing such
person shall be granted all the rights and be subject to all of the
duties applicable to pedestrians.
C.
No person shall travel upon or operate a non-motorized vehicle on
any City-owned facilities and grounds, including but not limited to
parks, parking lots and parking ramps. However, the use of a non-motorized
vehicle is permitted on recreational pathways and in other areas within
City parks which have been designated for such use by the director
of leisure facilities and services or his designee.
D.
No person shall travel upon or operate a non-motorized device anywhere
within the following areas which include the referenced streets:
1.
Downtown Davenport: Beginning where Marquette Street would intersect
the Mississippi River, thence north along Marquette Street to River
Drive, thence easterly along River Drive to Brown Street, thence north
along Brown Street to 5th Street, thence east along 5th Street to
Iowa Street, thence north along Iowa Street to Federal Street, thence
easterly along Federal Street to River Drive; thence directly south
from the intersection of Federal Street and River Drive to the Mississippi
River; thence westerly along the banks of the Mississippi River to
the point of beginning.
E.
Subsection D notwithstanding, a private property owner within an
area set forth in subsection D may allow the use of a non-motorized
device upon his property by registering the property with the deputy
City Clerk.
[Ord. 88-273 § 1]
A.
An all-terrain vehicle means a motor vehicle designed to travel on
three or more wheels and designed primarily for off-road use but not
including farm tractors, construction equipment, forestry vehicles
or lawn and grounds maintenance vehicles.
B.
No person shall operate an all-terrain vehicle in any of the following
places:
1.
On a street, highway or alley, except when permitted by state
law and only under those specified conditions;
2.
On a sidewalk, bike path or lane;
3.
On any public property or park;
4.
On any parking lot or area;
5.
Across or upon the lawn or private property of any other person;
6.
At any other location within the City between the period from
10:00 p.m. until 7:00 a.m.
C.
The provisions of this section do not apply to all-terrain vehicles
used in a properly-authorized parade.
[Ord. 91-374 § 1; Ord. 90-212 § 8]
A.
General. The motor vehicle laws apply to the operators of motorcycles
and motorized bicycles to the extent practically applicable.
B.
Riders.
1.
Motorized Bicycles. A person operating a motorized bicycle on
the highways shall not carry any other person on the vehicle.
2.
Motorcycles. A person shall not operate or ride on a motorcycle
on the highways with another person on the motorcycle unless the motorcycle
is designed to carry more than one person. The additional passenger
may ride upon the permanent and regular seat if designed for two persons,
or upon another seat firmly attached to the motorcycle at the rear
of the operator. The motorcycle shall be equipped with footrests for
the passenger unless the passenger is riding in a sidecar or enclosed
cab. The motorcycle operator shall not carry any person nor shall
any other person ride in a position that will interfere with the operation
or control of the motorcycle or the view of the operator.
C.
Sitting Position. A person operating a motorcycle or motorized bicycle
shall ride only upon the vehicle's permanent and regular attached
seat. Every person riding upon the vehicle shall be sitting astride
the seat, facing forward with one leg on either side of the vehicle.
D.
Use of Traffic Lanes. Persons shall not operate motorcycles or motorized
bicycles more than two abreast in a single lane. Except for persons
operating such vehicles two abreast, a motor vehicle shall not be
operated in a manner depriving a motorcycle or motorized bicycle operator
of the full use of a lane. A motorcycle or motorized bicycle shall
not be operated between lanes of traffic or between adjacent lines
or rows of vehicles. The operator of a motorcycle or motorized bicycle
shall not overtake and pass in the same lane occupied by the vehicle
being overtaken unless the vehicle being overtaken is a motorcycle
or motorized bicycle.
E.
Headlights On. A person shall not operate a 1977 or later model year
motorcycle or any model year motorized bicycle upon the highways without
displaying at least one lighted head lamp of the type required by
state law. However, this subsection is subject to the exceptions with
respect to parked vehicles as provided in this chapter.
F.
Packages. The operator of a motorcycle or motorized bicycle shall
not carry any package, bundle, or other article which prevents the
operator from keeping both hands on the handlebars.
G.
Handlebars. A person shall not operate a motorcycle or motorized
bicycle with handlebars more than 15 inches in height above that portion
of the seat occupied by the operator.
H.
Parades. The provisions of this section do not apply to motorcycles
or motorized bicycles when used in a parade authorized by proper permit
from the City.
I.
Bicycle Safety Flags Required on Motorized Bicycles. When operated
on a highway, a motorized bicycle shall have a bicycle safety flag
which extends not less than five feet above the ground attached to
the rear of the motorized bicycle. The bicycle safety flag shall be
triangular in shape with an area of not less than 30 square inches,
and be Day-Glo in color.
[Ord. 90-212 § 9]
It is unlawful for a person, except a person operating highway
maintenance equipment or an authorized emergency vehicle, to do any
of the following on a fully controlled-access facility:
A.
Drive a vehicle over, upon, or across a curb, central dividing section,
or other separation of dividing line.
B.
Make a left turn or a semicircular or U-turn at a maintenance cross-over
where an official sign prohibits the turn.
C.
Drive a vehicle except in the proper lane provided for that purpose
and in the proper direction and to the right of the central dividing
curb, separation, section, or line.
D.
Drive a vehicle into the facility from a local service road.
E.
Stop, park, or leave standing a vehicle, whether attended or unattended,
upon the paved portion.
F.
Stop, park, or leave standing a vehicle, whether attended or unattended,
upon the shoulders, or the right of way except at designated rest
areas or in case of an emergency or other dire necessity.
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For the purpose of this section, fully controlled-access facility
is a highway which gives preference to through traffic by providing
access connections at interchanges with selected public roads only
and by prohibiting crossings at grade or direct access at driveway
connections.
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[Ord. 94-334 § 1]
It is unlawful for the owner, or any other person, employing
or otherwise directing the driver of any vehicle to require or knowingly
permit the operation of such vehicle upon a public street or highway
in any manner contrary to law.
The owner of a vehicle shall not be held responsible for a violation
of a provision regulating the stopping, standing, or parking of a
vehicle, whether the provision is contained in this chapter, or any
other chapter within Title X, if the owner establishes that at the
time of the violation the vehicle was in custody of an identified
person other than the owner pursuant to a lease as defined in Chapter
321F of the Iowa Code.
If a peace officer as defined in Section 10.04.110 has reasonable cause to believe the driver of a motor vehicle has violated Sections 10.36.010, 10.36.040, 10.36.060, 10.60.010, 10.60.020, and 10.60.040, the officer may request any owner of the motor vehicle to supply information identifying the driver. When requested, the owner of the vehicle shall identify the driver to the best of the owner's ability. However, the owner of the vehicle is not required to supply identification information to the officer if the owner believes the information is self-incriminating.
[Ord. 2003-436 § 2; Ord. 2002-533 § 1; Ord. 97-382; Ord. 94-631 § 1]
This section is declared necessary for the preservation of the
public peace, health, safety and welfare of the people of the City,
and is intended to address a public nuisance created by individuals
operating motor vehicles upon the streets and highways of the City.
It is unlawful for any person owning or operating a motor vehicle
to create, cause, permit, produce, or play a radio, stereo, or similar
device which produces or amplifies sound in such a manner as to create
or cause a noise disturbance outside the vehicle, which shall be defined
as any sound which annoys or disturbs a reasonable person of normal
sensitivities or which can be heard at a distance of 50 feet or more
from the source, when such motor vehicle is operated or parked on
a public right-of-way or public property.
Any person in violation of this section commits a simple misdemeanor
and upon conviction shall be assessed a fine in the sum of $75.
This section shall not apply to loudspeakers/public address
systems and emergency signaling services, including car alarms.
[Ord. 2003-436 § 1]
The registered owner of any motor vehicle that creates, causes,
or produces sound in such a manner as to create or cause a noise disturbance,
by means of a radio, stereo, or similar device which produces or amplifies
sound is subject to civil sanction as owner regardless of absence
or presence at the time of infraction. "Noise disturbance" means any
sound which annoys or disturbs a reasonable person of normal sensitivities
or which can be heard at a distance of 50 feet or more from the source.
This section shall not apply to loudspeakers/public address
systems and emergency signaling devices, including car alarms.
The owner is subjected to civil sanction as follows:
A.
First reported complaint within a twelve-month period. The registered
owner shall receive a notification of the time, date, and location
stated in the complaint.
B.
Second or subsequent violation reported by a peace officer within
a twelve-month period. The registered owner shall be subject to a
civil fine of up to $500, and the prosecuting attorney shall ask the
court to order the removal of the radio, stereo, amplifier, or other
similar device for the period of one year.
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The enforcement procedures provided for herein are in addition to, and not in lieu of, other sanctions provided elsewhere within the City code. Further, any convictions under Section 10.68.270 may be counted and recorded as violations for the purposes of this section.
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[Ord. 2017-333 § 3]
No person shall use a hand-held electronic communication device
to write, send or view an electronic message while driving a motor
vehicle unless the motor vehicle is at a complete stop off the traveled
portion of the roadway. This prohibition does not apply to a member
of a public safety agency as defined in Iowa Code section 34.1 while
performing official duties, a health care professional in the course
of an emergency situation or a person receiving safety-related information
including emergency traffic or weather alerts. A person violating
this section shall be guilty of committing a simple misdemeanor offense
subject to a scheduled fine as set by Iowa law.
For purposes of this section a "hand-held electronic communication
device" means a mobile telephone or other portable electronic communication
device capable of being used to write, send or view an electronic
message; but does not include a voice-operated or hands-free device
which allows the user to write, send or listen to an electronic message
without the use of either hand except to activate or deactivate a
feature or function. Hand-held electronic communication device does
not include a wireless communication device used to transmit or receive
data as part of a digital dispatch system. Hand-held electronic communication
device includes a device that is temporarily mounted inside a motor
vehicle unless the device is a voice-operated or hands-free device.
For purposes of this section an "electronic message" means images
visible on the screen of a hand-held electronic communication device
including, but not limited to, a text-based message, an instant message,
a portion of electronic mail, an internet site, a social media application,
a game or similar content viewable on a hand-held electronic communication
device.
For purpose of this section the terms "write", "send", or "view"
with respect to an electronic message means the manual entry, transmission
or retrieval of an electronic message including the playing, browsing
or accessing of an electronic message.
Nothing in this section shall be construed to authorize a peace
officer to confiscate a hand-held electronic communication device
from the driver or occupant of a motor vehicle as evidence.
