City of Davenport v. Seymour

755 N.W.2d 533, 2008 Iowa Sup. LEXIS 111, 2008 WL 3982688
CourtSupreme Court of Iowa
DecidedAugust 29, 2008
Docket06-1753
StatusPublished
Cited by49 cases

This text of 755 N.W.2d 533 (City of Davenport v. Seymour) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Davenport v. Seymour, 755 N.W.2d 533, 2008 Iowa Sup. LEXIS 111, 2008 WL 3982688 (iowa 2008).

Opinions

APPEL, Justice.

In this case, the court must decide whether traffic regulations and enforcement mechanisms contained in Iowa Code chapter 321 and other code provisions were intended by the legislature to prohibit a municipality from establishing an automatic traffic enforcement system through which the city levels civil penalties against the owners of vehicles that fail to obey red light traffic signals or violate speed laws. Applying our well-established method of preemption analysis, we hold that the legislature has not preempted this automatic traffic enforcement ordinance through these statutory provisions.

[536]*536I. Factual and Procedural Background.

If the twentieth century may be characterized as the Era of the Automobile, it was also the Era of Automobile Regulation. In 1902, officers in Westchester County, New York, concealed themselves in fake tree trunks at specified intervals and, armed with stop watches and telephones, attempted to detect and apprehend speeders. Not to be outdone, innovative constables in Massachusetts in 1909 deployed a method of detecting speeding motorists that used a combination of a camera and a stop watch. See Commonwealth v. Buxton, 205 Mass. 49, 91 N.E. 128 (1910). These comparatively simple approaches to traffic law enforcement were subsequently replaced in the 1940s and 1950s by “radar” detection systems. Attacked as Orwellian when first introduced, the use of radar is now a standard tool of law enforcement.

Innovation in traffic management has not been limited to speed control. As every motorist knows, automated stop lights have come to replace the blue-suited patrolman with outstretched arms engaged in perpetual motion with a whistle at the ready. Most municipal authorities believe police officers have better things to do than to control traffic at intersections.

Modern technological advances have also led to the development of more sophisticated “automated traffic enforcement” (ATE) systems. Using a combination of cameras and sensors, the ATEs allow municipal governments to detect traffic violations without a law enforcement officer present on the scene. Promoted by private vendors who have developed and operated the systems, ATE red light cameras were first deployed abroad over thirty-five years ago and according to industry sources are now operational in forty-five countries. Kevin P. Shannon, Speeding Towards Disaster: How Cleveland’s Traffic Cameras Violate the Ohio Constitution, 55 Clev. St. L.Rev. 607, 610 (2007). As of 2005, ATE speed detection systems were in use in as many as seventy-five countries. Id.

In this country, speed cameras have been utilized on a limited basis in several states, including Arizona, California, North Carolina, Ohio, Oregon, and the District of Columbia. Red light systems have also been utilized by a number of municipalities, including those in Arizona, California, Virginia, and North Carolina. Id. at 611.

The advent of automatic traffic enforcement has prompted legislative action in a number of jurisdictions. Some state legislatures have elected expressly to authorize local governments to establish ATE systems provided that certain statutory requirements are met, including posting notice to drivers that automated traffic devices are in use. See, e.g., Colo.Rev. Stat. § 42^4-110.5 (2008); N.C. Gen.Stat. § 160A-300.1 (2007). Other states have authorized ATE ordinances only in the vicinity of schools, residency zones, or railroad crossings. See, e.g., Ark.Code §§ 27-52-110, 27-52-111 (2007); Md.Code Ann., Transp. § 21-809 (2008). Some states have explicitly prohibited their use. See, e.g., N.J. Stat. Ann. § 39:4-103.1 (2008); W. Va.Code § 17C-6-7a (2008); Wis. Stat. § 349.02(3) (2008). Most states, like Iowa, have no legislation directly addressing the issue.

In 2004, the City of Davenport enacted an ordinance entitled “Automatic Traffic Enforcement.” Davenport Mun.Code § 10.16.070 (2005). The Davenport ATE ordinance authorized the city to install cameras and vehicle sensors at various locations in the city to make video images of vehicles that fail to obey red light traffic signals or speeding regulations. The information obtained from these automated devices is then forwarded to the Daven[537]*537port Police Department for review. The Davenport police then determine whether there has been a violation of the city’s traffic control ordinances.

Under the Davenport ATE ordinance, a vehicle owner is issued a notice and is liable for a civil fine as a result of any detected violation. A vehicle owner may rebut the city’s claim by showing that a stolen vehicle report was made on the vehicle which encompassed the time in which the violation allegedly occurred. Citations issued pursuant to the Davenport ATE ordinance are not reported to the Iowa Department of Transportation (IDOT) for the purpose of the vehicle owner’s driving record.

A recipient of an automated traffic citation may dispute the citation by requesting the issuance of a municipal infraction citation. If so disputed, the recipient is entitled to a trial before a judge or magistrate. In the event the disputing vehicle owner is found to have violated the ordinance, state-mandated court costs are added to the amount of the violation.

Thomas J. Seymour felt the sting of the Davenport ATE ordinance on April 28, 2006. He received a citation alleging that his vehicle traveled forty-nine miles per hour in a thirty-five mile-per-hour zone on March 17, 2006. Seymour contested the citation.

Seymour’s case was tried to a magistrate on a stipulated record. Seymour claimed that the ATE ordinance violated due process by shifting the burden of proof to the defendant to disprove a citation, by depriving a defendant of the presumption of innocence, by changing the burden of proof from the reasonable doubt standard to the lesser standard of clear, satisfactory, and convincing evidence, and by shifting liability to vehicle owners, not drivers. Seymour also claimed that the Davenport ATE ordinance was invalid because it was preempted by traffic regulations and enforcement mechanisms contained in Iowa Code chapter 321 and sections 364.22(5X6), 805.6, and 805.8A.

The magistrate rejected all of Seymour’s claims, found that he violated the ordinance, and entered judgment against him. Seymour appealed to the district court, which affirmed the judgment.

We granted Seymour’s application for discretionary review. While Seymour raised constitutional challenges based on due process in the lower courts, he has not pressed these claims on appeal and, as a result, these issues are not before us. The only issue raised in this appeal is whether the Davenport ATE ordinance is preempted because it is inconsistent or contrary to Iowa’s statewide traffic laws as cited by Seymour.

II. Standard of Review.

A trial court’s determination of whether a local ordinance is preempted by state law is a matter of statutory construction and is thus reviewable for correction of errors at law. State v. Tarbox, 739 N.W.2d 850, 852 (Iowa 2007).

III. Discussion.

A. Principles of Preemption Analysis.

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755 N.W.2d 533, 2008 Iowa Sup. LEXIS 111, 2008 WL 3982688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-davenport-v-seymour-iowa-2008.