Senate
File
409
-
Reprinted
SENATE
FILE
409
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
SSB
1138)
(As
Amended
and
Passed
by
the
Senate
March
10,
2011
)
A
BILL
FOR
An
Act
restricting
the
practice
of
parking
and
displaying
motor
1
vehicles
for
sale,
hire,
or
rental
on
public
or
private
2
property
and
providing
for
local
enforcement.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
SF
409
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84
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S.F.
409
Section
1.
NEW
SECTION
.
321.361A
Parking
motor
vehicle
for
1
sale,
hire,
or
rental
restricted
——
local
enforcement.
2
1.
A
person
shall
not
park
a
motor
vehicle
on
a
street
or
3
highway,
a
public
parking
lot,
or
other
public
property,
or
on
4
private
property
where
the
public
has
the
right
to
travel
by
5
motor
vehicle,
other
than
the
principal
place
of
business
of
a
6
motor
vehicle
dealer
as
designated
under
chapter
322,
for
the
7
principal
purpose
and
intent
of
displaying
the
motor
vehicle
8
for
sale,
hire,
or
rental
unless
the
display
of
the
vehicle
9
for
sale,
hire,
or
rental
is
specifically
authorized
for
that
10
location
by
local
ordinance
or
regulation
and
the
person
is
in
11
compliance
with
all
applicable
municipal
or
county
licensing
12
requirements.
13
2.
Subsection
1
does
not
prohibit
a
person
from
parking
14
the
person’s
own
motor
vehicle
or
other
personal
property
on
15
any
private
real
property
which
the
person
owns
or
leases,
16
or
on
any
private
real
property
owned
or
leased
by
another
17
person,
with
permission
of
the
owner,
or
on
the
public
18
street
immediately
adjacent
to
such
private
real
property
19
in
conformance
with
local
ordinance
and
applicable
parking
20
regulations,
for
the
principal
purpose
and
intent
of
sale,
21
hire,
or
rental,
unless
such
parking
is
prohibited
by
local
22
ordinance.
23
3.
Subsection
1
does
not
prohibit
a
licensed
motor
vehicle
24
dealer
from
displaying
motor
vehicles
at
locations
other
than
25
the
dealer’s
licensed
location
as
provided
in
section
322.5
and
26
in
accordance
with
local
ordinance.
27
4.
A
city
or
county
may
adopt
an
ordinance
providing
for
28
enforcement
of
this
section.
Enforcement
provisions
may
29
include
but
shall
not
be
limited
to
the
following:
30
a.
The
issuance
of
citations.
31
b.
The
assessment
of
fines.
32
c.
The
removal
of
motor
vehicles
parked
in
violation
of
this
33
section,
including
removal
from
private
property
at
the
request
34
of
the
private
property
owner,
and
the
storage
of
such
motor
35
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409
vehicles.
1
d.
A
process
for
identifying
the
owner
of
a
motor
vehicle
2
which
has
been
towed
and
providing
notice
to
the
owner
of
the
3
requirements
for
release
of
the
motor
vehicle,
including
notice
4
of
any
deadline
imposed
for
the
owner
to
reclaim
the
motor
5
vehicle.
Such
notice
shall
be
sent
to
the
last
known
address
6
of
the
owner
of
the
vehicle
as
recorded
with
the
vehicle’s
7
registration
or
certificate
of
title.
If
the
registration
and
8
title
records
each
show
different
owners,
the
notice
shall
be
9
sent
to
both
persons
named
as
owners.
If
the
registration
and
10
title
records
each
show
different
addresses
for
the
same
owner,
11
the
notice
shall
be
sent
to
both
addresses.
12
e.
Requirements
for
release
of
a
motor
vehicle,
which
may
13
be
conditioned
on
the
payment
of
a
fine
and
reimbursement
14
for
towing,
storage,
and
other
costs
incurred
by
the
city
or
15
county.
The
person
claiming
the
vehicle
shall
provide
proof
16
of
ownership
or,
if
the
person
claiming
the
vehicle
is
not
the
17
owner
of
record,
the
person
shall
produce
the
certificate
of
18
title
showing
ownership
of
the
vehicle.
19
f.
A
process
for
sale
or
disposal
of
motor
vehicles
or
other
20
personal
property
not
claimed
by
the
owner
in
a
timely
manner.
21
5.
The
owner
of
private
real
property,
a
city
or
county,
22
or
an
agent
authorized
to
act
on
behalf
of
a
city
or
county,
23
shall
not
be
liable
for
damage
to
a
motor
vehicle
or
personal
24
property
in
the
vehicle
caused
by
the
removal
or
storage
of
the
25
motor
vehicle
pursuant
to
this
section.
26
6.
This
section
does
not
prohibit
a
city
or
county
from
27
exercising
the
authority
granted
under
section
321.89
with
28
respect
to
any
vehicle
that
meets
the
definition
of
an
29
abandoned
vehicle.
30
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