SENATE FILE 409

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO SSB 1138)

(As Amended and Passed by the Senate 2011-03-10)

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.  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, other than the principal place of business of a motor vehicle dealer as designated under chapter 322, 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 local ordinance and applicable parking regulations, for the principal purpose and intent of sale, hire, or rental, unless such parking is prohibited by local ordinance.
   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 and in accordance with local ordinance.
   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. Such notice shall be sent to the last known address of the owner of the vehicle as recorded with the vehicle’s registration or certificate of title. If the registration and title records each show different owners, the notice shall be sent to both persons named as owners. If the registration and title records each show different addresses for the same owner, the notice shall be sent to both addresses.
   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 showing ownership of the vehicle.
   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.
   6.  This section does not prohibit a city or county from exercising the authority granted under section 321.89 with respect to any vehicle that meets the definition of an abandoned vehicle.