S.F. _____ Section 1. Section 321.89, subsection 1, paragraph a, Code 1 2011, is amended to read as follows: 2 a. (1) “Abandoned vehicle” means any of the following: 3 (1) (a) A vehicle that has been left unattended on public 4 property for more than twenty-four hours and lacks current 5 registration plates or two or more wheels or other parts which 6 renders the vehicle totally inoperable. 7 (2) (b) A vehicle that has remained illegally on public 8 property for more than twenty-four hours. 9 (3) (c) A vehicle that has been unlawfully parked on 10 private property or has been placed on private property without 11 the consent of the owner or person in control of the property 12 for more than twenty-four hours. 13 (4) (d) A vehicle that has been legally impounded by order 14 of a police authority and has not been reclaimed for a period 15 of ten days. However, a police authority may declare the 16 vehicle abandoned within the ten-day period by commencing the 17 notification process in subsection 3 . 18 (5) (e) Any vehicle parked on the highway determined by a 19 police authority to create a hazard to other vehicle traffic. 20 (6) (f) A vehicle that has been impounded pursuant to 21 section 321J.4B by order of the court and whose owner has not 22 paid the impoundment fees after notification by the person or 23 agency responsible for carrying out the impoundment order. 24 (2) Notwithstanding subparagraph (1), a motor vehicle that 25 is parked on public or private property for the principal 26 purpose and intent of displaying the motor vehicle for sale, 27 hire, or rental in violation of section 321.361A is not an 28 abandoned vehicle for purposes of this section. 29 Sec. 2. NEW SECTION . 321.361A Parking motor vehicle for 30 sale, hire, or rental restricted —— local enforcement. 31 1. A person shall not park a motor vehicle on a street 32 or highway, a public parking lot, or other public property, 33 or on private property where the public has the right to 34 travel by motor vehicle, for the principal purpose and intent 35 -1- LSB 2014SC (3) 84 dea/nh 1/ 4

S.F. _____ of displaying the motor vehicle for sale, hire, or rental 1 unless the display of the vehicle for sale, hire, or rental is 2 specifically authorized for that location by local ordinance or 3 regulation and the person is in compliance with all applicable 4 municipal or county licensing requirements. 5 2. Subsection 1 does not prohibit a person from parking 6 the person’s own motor vehicle or other personal property on 7 any private real property which the person owns or leases, 8 or on any private real property owned or leased by another 9 person, with permission of the owner, or on the public 10 street immediately adjacent to such private real property 11 in conformance with applicable parking regulations, for the 12 principal purpose and intent of sale, hire, or rental. 13 3. Subsection 1 does not prohibit a licensed motor vehicle 14 dealer from displaying motor vehicles at locations other than 15 the dealer’s licensed location as provided in section 322.5. 16 4. A city or county may adopt an ordinance providing for 17 enforcement of this section. Enforcement provisions may 18 include but shall not be limited to the following: 19 a. The issuance of citations. 20 b. The assessment of fines. 21 c. The removal of motor vehicles parked in violation of this 22 section, including removal from private property at the request 23 of the private property owner, and the storage of such motor 24 vehicles. 25 d. A process for identifying the owner of a motor vehicle 26 which has been towed and providing notice to the owner of the 27 requirements for release of the motor vehicle, including notice 28 of any deadline imposed for the owner to reclaim the motor 29 vehicle. 30 e. Requirements for release of a motor vehicle, which may 31 be conditioned on the payment of a fine and reimbursement 32 for towing, storage, and other costs incurred by the city or 33 county. The person claiming the vehicle shall provide proof 34 of ownership or, if the person claiming the vehicle is not 35 -2- LSB 2014SC (3) 84 dea/nh 2/ 4

S.F. _____ the owner of record, the person shall produce the certificate 1 of title to the vehicle and record the person’s name on the 2 certificate of title as the purchaser. 3 f. A process for sale or disposal of motor vehicles or other 4 personal property not claimed by the owner in a timely manner. 5 5. The owner of private real property, a city or county, 6 or an agent authorized to act on behalf of a city or county, 7 shall not be liable for damage to a motor vehicle or personal 8 property in the vehicle caused by the removal or storage of the 9 motor vehicle pursuant to this section. 10 EXPLANATION 11 This bill addresses the practice of displaying motor 12 vehicles which are for sale by owner at highly visible 13 locations on public or private property. 14 The bill prohibits a person from parking a motor vehicle 15 on a street or highway, a public parking lot, or other public 16 property or on private property where the public has the right 17 to travel by motor vehicle, for the principal purpose and 18 intent of displaying the motor vehicle for sale, hire, or 19 rental except in compliance with local regulations. The bill 20 does not prohibit a person from displaying a motor vehicle 21 on the person’s own property or on other private property 22 with permission of the owner, including the public street 23 immediately adjacent to such property. Current law applicable 24 to the display of motor vehicles for sale by a licensed motor 25 vehicle dealer is not affected by the bill. 26 The bill specifies that a motor vehicle which is illegally 27 parked on public or private property for the principal purpose 28 and intent of displaying the vehicle for sale, hire, or rental 29 is not an abandoned vehicle, and therefore not subject to the 30 remedies currently provided for removal of abandoned vehicles. 31 Instead, the bill authorizes enforcement of the new parking 32 restrictions by cities and counties. Pursuant to a city or 33 county’s ordinance, enforcement provisions may include the 34 issuance of citations; assessment of fines; removal of vehicles 35 -3- LSB 2014SC (3) 84 dea/nh 3/ 4

S.F. _____ from public property or from private property at the property 1 owner’s request; storage of impounded vehicles; a process for 2 identifying a motor vehicle’s owner and notifying the owner of 3 requirements and deadlines for reclaiming an impounded vehicle; 4 requirements for providing proof of ownership or, if the person 5 claiming the vehicle is not the owner of record, signing the 6 certificate of title as purchaser, as a condition for release 7 of a vehicle; reimbursement by the owner of a motor vehicle for 8 the towing, storage, and other costs incurred by the city or 9 county; and a process for sale or disposal of a motor vehicle 10 and any personal property found in a vehicle which is not 11 claimed by the owner. 12 The bill provides that the owner of private property, a city 13 or county, or an agent authorized to act on behalf of a city or 14 county, shall not be held liable for damage to a motor vehicle 15 or personal property in the vehicle caused by the removal or 16 storage of the vehicle authorized under the bill. 17 -4- LSB 2014SC (3) 84 dea/nh 4/ 4