[Ord. 84-247 § 6.1]
All official traffic control devices shall conform to the manual
and specifications required by state law and approved by the Iowa
State Department of Transportation. All traffic control devices so
erected and not inconsistent with the provisions of the manual or
state law or this ordinance shall be official traffic control devices.
[Ord. 84-247 § 6.2]
No provision of this ordinance for which official traffic control
devices are required shall be enforced against an alleged violator
if at the time and place of the alleged violation an official traffic
control device has not been erected. Whenever a particular section
does not state that official traffic control devices are required,
such section shall be effective even though no devices are erected
or in place.
[Ord. 84-247 § 6.5]
No person shall place, maintain, or display upon or in view
of any person upon a street any sign, signal, marking, or device which
purports to be or is an imitation of or resembles an official parking
sign, curb or other marking, traffic control device or railroad sign
or signal, or which attempts to direct the movement of traffic, or
which hides from view or interferes with the effectiveness of any
official traffic control device or any railroad sign or signal, if
such sign, signal, marking, or device has not been authorized by the
City traffic engineer and no person shall place or maintain any traffic
sign or signal bearing thereon any commercial advertising.
Every such prohibited sign, signal, or marking is hereby declared
to be a public nuisance and the City Administrator is hereby empowered
to remove the same or cause it to be removed without notice.
[Ord. 84-247 § 6.6]
Whenever official traffic control devices are placed in position
approximately conforming to requirements of this title such devices
shall be presumed to be in full force and effect at all times unless
the hours during which the device is in effect are so stated on the
device.
[Ord. 2009-337 § 1; Ord. 2005-361; Ord. 2004-35]
A. General. The City of Davenport, in accordance with the police powers
authorized it by the state of Iowa for governing safe traffic flow,
may deploy, erect or cause to have erected an automated traffic enforcement
system for making video images of vehicles that fail to obey red light
traffic signals at intersections designated by the City Administrator
or his designee or fail to obey speed regulations at other locations
in the City. The system may be managed by the private contractor that
owns and operates the requisite equipment with supervisory control
vested in the City's police department. Video images shall be provided
to the police department by the contractor for review. The police
department will determine which vehicle owners are in violation of
the City's traffic control ordinances and are to receive a notice
of violation for the offense.
B. Definitions.
1.
AUTOMATED TRAFFIC ENFORCEMENT SYSTEM – Shall mean an electronic
system consisting of a photographic, video, or electronic camera and
a vehicle sensor installed to work in conjunction with an official
traffic controller or police department employee to automatically
produce photographs, video or digital images of each vehicle violating
a standard traffic control device or speed restriction.
2.
VEHICLE OWNER – Shall mean the person or entity identified
by the Iowa Department of Transportation, or registered with any other
state vehicle registration office, as the registered owner of a vehicle.
C. Offense.
1.
The vehicle owner shall be liable for a fine as imposed below
if such vehicle crosses a marked stop line or the intersection plane
at a system location when the traffic signal for that vehicle's direction
is emitting a steady red light or red arrow.
2.
The vehicle owner shall be liable for a fine as imposed below
if such vehicle travels at a speed above the posted speed limit.
3.
The violation may be rebutted by a showing that a stolen vehicle
report was made on the vehicle encompassing the time period in question.
4.
The citation will in no event be sent or reported to the Iowa
Department of Transportation or similar department of any other state
for the purpose of being added to the vehicle owner's driving record.
D. Penalty and Appeal.
1.
Any violation of subsection C1 above shall be considered a notice
of violation for which a civil fine of $65 shall be imposed, payable
to the City of Davenport at the City's finance department.
2.
Any violation of subsection C2 above shall be considered a notice
of violation for which a civil fine as listed in the table below shall
be imposed, payable to the City of Davenport at the City's finance
department.
Speed Over Limit
|
Civil Fine
|
---|
1 through 7 mph
|
$5
|
8 through 11 mph
|
$45
|
12 through 20 mph
|
$65
|
21 through 25 mph
|
$85
|
26 through 30 mph
|
$95
|
31 through 35 mph
|
$110
|
36 through 40 mph
|
$125
|
Over 40 mph
|
$150
|
3.
A recipient of an automated traffic citation may dispute the
citation by requesting an issuance of a municipal infraction citation
by the police department. Such request will result in a required court
appearance by the recipient and in the scheduling of a trial before
a judge or magistrate at the Scott County Courthouse. The issuance
of a municipal infraction citation will cause the imposition of state
mandated court costs to be added to the amount of the violation in
the event of a guilty finding by the court.
4.
If a recipient of a notice of violation does not request the
issuance of a municipal infraction citation to dispute the alleged
violation by contested proceedings before a judge or magistrate within
the time specified within the notice of violation, the recipient will
be deemed to have waived his right to dispute the violation, and the
violation will be admitted with the civil penalty being due and owing
to the City. A notice of intent to default will be mailed to the recipient
at least 10 days prior to the deadline for contesting.