Toledo City Zoning Code

Whenever a peace officer has reasonable cause to believe that a person has violated any provision of the Traffic Code, such officer may:

1.   Immediate Arrest. Immediately arrest such person and take such person before a local magistrate; or

2.   Issue Citation. Without arresting the person, prepare in quintuplicate a combined traffic citation and complaint as adopted by the Iowa Commissioner of Public Safety, or issue a uniform citation and complaint utilizing a State-approved computerized device.

For violations of the Traffic Code which are designated by Section 805.8A of the Code of Iowa to be scheduled violations, the scheduled fine for each of those violations shall be as specified in Section 805.8A of the Code of Iowa.

Uncontested violations of parking restrictions imposed by this Code of Ordinances shall be charged upon a simple notice of a fine payable at the office of the City Clerk. The fine for each violation charged under a simple notice of a fine shall be in the amount of $50.00 initially for all violations except improper use of a persons with disabilities parking permit. The simple notice of a fine for improper use of a persons with disabilities parking permit is $100.00. Failure to pay the simple notice of fine within 48 hours or more of issue to the City Clerk shall be grounds to implement further fines up to $500.00 and shall be grounds for the filing of a complaint in District Court. Procedures to implement increased fines for non-payment of violations will progress as follows:

1.   The Police Chief or their designee shall issue a simple notice of violation (parking ticket) to the owner or registrant of the vehicle with the specific violation indicated. The notice may be posted on the vehicle in violation.

2.   The owner or occupant shall have 48 hours from time of violation to pay the fine charged to the office of the City Clerk.

3.   After 48 hours, or at any time thereafter if the fine has not been paid, the City will issue a notice that the registrant is in violation for non-payment, and the finne will be increased to $100.00, with thirty (30) days from the date of the notice to pay the fine. The fine for improper use of a persons with disabilities parking permit will increase to $200.00 if not paid after 48 hours of issue.

4.   If after the thirty (30) day notice, or at anytime thereafter, the fine still has not been paid, the City may pursue non-payment of the violation by referring to our City Attorney to file in District Court, and the fine will increase to an amount between $300.00 and $500.00 at the discretion of the City Attorney and court plus any court costs.

When a vehicle is parked in violation of any provision of the Traffic Code, and the driver is not present, the notice of fine or citation as herein provided shall be attached to the vehicle in a conspicuous place.

In any proceeding charging a standing or parking violation, a prima facie presumption that the registered owner was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred, shall be raised by proof that:

1.   Described Vehicle. The particular vehicle described in the information was parked in violation of the Traffic Code; and

2.   Registered Owner. The defendant named in the information was the registered owner at the time in question.

A peace officer is hereby authorized to remove, or cause to be removed, a vehicle from a street, public alley, public parking lot or highway to the nearest garage or other place of safety, or to a garage designated or maintained by the City, under the circumstances hereinafter enumerated:

1.   Disabled Vehicle. When a vehicle is so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal.

2.   Illegally Parked Vehicle. When any vehicle is left unattended and is so illegally parked as to constitute a definite hazard or obstruction to the normal movement of traffic.

3.   Snow Removal. When any vehicle is left parked in violation of a ban on parking during snow removal operations.

4.   Parked Over Limited Time Period. When any vehicle is left parked for a continuous period in violation of any limited parking time. If the owner can be located, the owner shall be given an opportunity to remove the vehicle.

5.   Costs. In addition to the standard penalties provided, the owner or driver of any vehicle impounded for the violation of any of the provisions of this chapter shall be required to pay the reasonable cost of towing and storage.