SENATE FILE _____

BY  (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON RIELLY)

A BILL FOR

An Act restricting the practice of parking and displaying motor vehicles for sale, hire, or rental on public or private property and providing for local enforcement.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 321.89, subsection 1, paragraph a, Code 2011, is amended to read as follows:
   a.
  (1)  “Abandoned vehicle” means any of the following:
   (1)(a)  A vehicle that has been left unattended on public property for more than twenty-four hours and lacks current registration plates or two or more wheels or other parts which renders the vehicle totally inoperable.
   (2)(b)  A vehicle that has remained illegally on public property for more than twenty-four hours.
   (3)(c)  A vehicle that has been unlawfully parked on private property or has been placed on private property without the consent of the owner or person in control of the property for more than twenty-four hours.
   (4)(d)  A vehicle that has been legally impounded by order of a police authority and has not been reclaimed for a period of ten days. However, a police authority may declare the vehicle abandoned within the ten-day period by commencing the notification process in subsection 3.
   (5)(e)  Any vehicle parked on the highway determined by a police authority to create a hazard to other vehicle traffic.
   (6)(f)  A vehicle that has been impounded pursuant to section 321J.4B by order of the court and whose owner has not paid the impoundment fees after notification by the person or agency responsible for carrying out the impoundment order.
   (2)  Notwithstanding subparagraph (1), a motor vehicle that is parked on public or private property for the principal purpose and intent of displaying the motor vehicle for sale, hire, or rental in violation of section 321.361A is not an abandoned vehicle for purposes of this section.
   Sec. 2.  NEW SECTION.  321.361A  Parking motor vehicle for sale, hire, or rental restricted —— local enforcement.
   1.  A person shall not park a motor vehicle on a street or highway, a public parking lot, or other public property, or on private property where the public has the right to travel by motor vehicle, for the principal purpose and intent of displaying the motor vehicle for sale, hire, or rental unless the display of the vehicle for sale, hire, or rental is specifically authorized for that location by local ordinance or regulation and the person is in compliance with all applicable municipal or county licensing requirements.
   2.  Subsection 1 does not prohibit a person from parking the person’s own motor vehicle or other personal property on any private real property which the person owns or leases, or on any private real property owned or leased by another person, with permission of the owner, or on the public street immediately adjacent to such private real property in conformance with applicable parking regulations, for the principal purpose and intent of sale, hire, or rental.
   3.  Subsection 1 does not prohibit a licensed motor vehicle dealer from displaying motor vehicles at locations other than the dealer’s licensed location as provided in section 322.5.
   4.  A city or county may adopt an ordinance providing for enforcement of this section. Enforcement provisions may include but shall not be limited to the following:
   a.  The issuance of citations.
   b.  The assessment of fines.
   c.  The removal of motor vehicles parked in violation of this section, including removal from private property at the request of the private property owner, and the storage of such motor vehicles.
   d.  A process for identifying the owner of a motor vehicle which has been towed and providing notice to the owner of the requirements for release of the motor vehicle, including notice of any deadline imposed for the owner to reclaim the motor vehicle.
   e.  Requirements for release of a motor vehicle, which may be conditioned on the payment of a fine and reimbursement for towing, storage, and other costs incurred by the city or county. The person claiming the vehicle shall provide proof of ownership or, if the person claiming the vehicle is not the owner of record, the person shall produce the certificate of title to the vehicle and record the person’s name on the certificate of title as the purchaser.
   f.  A process for sale or disposal of motor vehicles or other personal property not claimed by the owner in a timely manner.
   5.  The owner of private real property, a city or county, or an agent authorized to act on behalf of a city or county, shall not be liable for damage to a motor vehicle or personal property in the vehicle caused by the removal or storage of the motor vehicle pursuant to this section.
EXPLANATION
   This bill addresses the practice of displaying motor vehicles which are for sale by owner at highly visible locations on public or private property.
   The bill prohibits a person from parking a motor vehicle on a street or highway, a public parking lot, or other public property or on private property where the public has the right to travel by motor vehicle, for the principal purpose and intent of displaying the motor vehicle for sale, hire, or rental except in compliance with local regulations. The bill does not prohibit a person from displaying a motor vehicle on the person’s own property or on other private property with permission of the owner, including the public street immediately adjacent to such property. Current law applicable to the display of motor vehicles for sale by a licensed motor vehicle dealer is not affected by the bill.
   The bill specifies that a motor vehicle which is illegally parked on public or private property for the principal purpose and intent of displaying the vehicle for sale, hire, or rental is not an abandoned vehicle, and therefore not subject to the remedies currently provided for removal of abandoned vehicles. Instead, the bill authorizes enforcement of the new parking restrictions by cities and counties. Pursuant to a city or county’s ordinance, enforcement provisions may include the issuance of citations; assessment of fines; removal of vehicles from public property or from private property at the property owner’s request; storage of impounded vehicles; a process for identifying a motor vehicle’s owner and notifying the owner of requirements and deadlines for reclaiming an impounded vehicle; requirements for providing proof of ownership or, if the person claiming the vehicle is not the owner of record, signing the certificate of title as purchaser, as a condition for release of a vehicle; reimbursement by the owner of a motor vehicle for the towing, storage, and other costs incurred by the city or county; and a process for sale or disposal of a motor vehicle and any personal property found in a vehicle which is not claimed by the owner.
   The bill provides that the owner of private property, a city or county, or an agent authorized to act on behalf of a city or county, shall not be held liable for damage to a motor vehicle or personal property in the vehicle caused by the removal or storage of the vehicle authorized under the bill.