Engine brakes, state codes to have public hearings

The City of Osceola approved a variety of public hearings to be held at their Sept. 23 meeting, from an ordinance amendment by local change to updating local code to align with state code. All will be held at the Sept. 16 council meeting; meetings begin at 7 p.m.

Engine and compression brakes

While Osceola’s code of ordinances discusses engine brakes and compression brakes, there does not exist a fine schedule. Osceola City Administrator Ty Wheeler said that in conversation with Osceola Police Chief Marty Duffus, consideration would be to add a $50 fine specific to the code section 62.13. The section, titled “Engine Brakes and Compression Brakes,” reads, “It is unlawful for the driver of any vehicle to use or operate or cause to be used or operated within the City any engine brake, compression brake or mechanical exhaust device designed to aid in the braking or deceleration of any vehicle that results in excessive, loud, unusual or explosive noise from such vehicle. Violations of this section will be considered a non-moving violation. Fire apparatus or any apparatus responding in Mutual Aid for the City is exempt from this section.”

“We went to write a summons on it, and that’s when we figured out there’s really no way to fine whoever we want to track the summons to,” Duffus said.

Duffus explained the fine would go into the system the police department uses that when they go to write a summons, the fine shows up. He said there is no state law against it, left to local control.

“We’re just asking to either assign the fine…this would just finish [the code],” Duffus said.

With regards to regulation, councilman Tom Bahls asked how drivers would be aware they are in violation of the city code if it’s not a state law. Duffus said the Iowa Department of Transportation has signs at the edges of town that say engine braking is prohibited. When asked about adding more signs or amending them, Duffus said that would fall on the DOT, as both highways that run through Osceola are state highways.

Kedley questioned if the $50 fine would be enough to make someone stop using an engine brake. Duffus said the police write summons for more than that and see repeat offenders. However with vehicles that would use an engine brake, most of those seen would be a commercial motor vehicle.

“These guys don’t really want our attention…they don’t want us there ‘cause then we can do all sorts of inspections,” Duffus said.

Councilman Jose Vargas asked where the violations are most likely seen. Duffus replied that it’s typically Highway 34, a lot on the hill by the overpass east of town, which is out of city limits, and those traveling eastbound going out of town near Harken Hills. He said not so much is found on the west edge of town as it is more flat in that area. Vargas asked if additional signage could be added in areas where violations of the code are seen more frequently.

“That’s a state highway and they would govern that,” Duffus replied, saying he can ask about additional signage.

A question was asked by councilwoman Luci Sullivan if a $50 fine is in line with other cities. Duffus was unsure, but felt that $50 was appropriate. Chariton’s code is in line with Osceola’s current code without a fine. In Winterset, fines begin at $100 for the first offense, $200 for the second and $400 for third and subsequent offenses. In Creston, “loud, noisy or unusual engine sounds” fall under the excessive noise section of general traffic regulations. Indianola’s city ordinances discuss engine braking in their chapter on noise regulation under sounds not allowed, “the sound made by an engine brake device of a diesel engine truck, at all times.”

Kedley said if the fine turns out to not be a deterrent/appropriate, council could re-look at it.

“I agree… you don’t want attention as a CDL driver,” said Kedley. “I’ve had a lot of people report [engine brake noise] on Highway 34.”

State codes

Changes at the state code require amendments at the local level to make sure that city code aligns with the state’s.

“We either change our code or our code… it’s not enforceable thereafter,” Wheeler said. He explained the following needed amendments:

• Chapter 121, “Cigarette and Tobacco Permits”

Described as almost a complete subtle rewrite of the chapter, some changes include adding a definition of department to mean the State Department of Revenue, a change of to the application process from the city clerk to the Department of Revenue electronically, clarification that the city will review the application using the electronic portal and the department issues the permits on the city’s behalf, fees are now tied to the Code of Iowa citation, clarification between issuance and expiration and refers to state code for a refund schedule, improves the legal citation references for underage sale and penalties thereof, cleans up formatting, modernizes the structure improving citation formatting and removes other old amendment notes and standardizes language.

• Chapter 5.07, “Conflict of Interest”

Section 1 for compensation of officers currently reads, “The payment of lawful compensation of a City officer or employee holding more than one City office or position, the holding of which is not incompatible with another public office or is not prohibited by law.”

The amended section will read similarly, but include that the subsection will not be construed to prohibit nominal stipends, compensation incentives or benefits for volunteer firefighters or emergency medical care providers.

• Chapter 120.05, “Liquor licenses and Wine and Beer Permits”

The change would be in paragraph 8, making a specific citation reference to Iowa Code 123.49, subsection 2, paragraph D, subparagraphs 2, 3 and 4 from a general reference of Iowa Department of Revenue.

• Chapter 7.05, “Fiscal Management”

Updates now standardize the requirement for publication of public hearings and notices to no less than four and no more than 20 days.

• Chapter 55.24, “Animal Protection and Control”

Already a crime in Iowa via a state code for the intentional misrepresentation of an animal as being a service animal or one in training, two provisions for law enforcement have been struck from state code - one requiring law enforcement officers to give the person a written or verbal warning and one where the person must know the animal is not a service animal or in training to be one. Now, law enforcement officers may charge for misrepresentation without a prior warning and in cases where a person incorrectly believes the animal to be a service animal.

• Chapter 167.08, “Zoning Regulations General Regulations”

Updates now standardize the requirement for publication of public hearings and notices to no less than four and no more than 20 days.

Alley vacation

A public hearing will be held on the proposed vacation of all of the north/south alley abutting and adjacent to 216 E. McKinley St. Wheeler explained there are two parcels on either side of the alley owned by the same person. As the alley terminates there, the owner petitioned for the vacation which was approved by the planning and zoning board.

All of the hearings are open to the public, at which time they may make comments. Comments can also be remitted to City Hall prior to the meeting via mail or email.