Davenport Parking Citation — Hearing De Novo in District Court Under §364.22
Davenport Municipal Code Ch. 10.50 prosecutes parking citations as civil municipal infractions under Iowa Code §364.22. §364.22(7) preserves the right to a hearing in Iowa district court (Scott County), de novo if the City prevails at the administrative hearing, with full discovery rights and the City bearing the burden of proof by preponderance. Many infractions never proceed past the demand-for-hearing stage because the City lacks the resources to prosecute below a certain economic threshold. A simple, timely written demand for a §364.22 hearing in district court frequently results in voluntary dismissal. This is also true in Bettendorf, Moline-Iowa-side commuters, and Clinton.
Legal basis
Iowa Code §364.22 (Municipal Infractions Act); Davenport Municipal Code Ch. 10.50; Iowa R. Civ. P. 1.901+ (civil procedure)
Sample appeal wording
[DATE] City Attorney City of Davenport 226 W. Fourth Street, Davenport, IA 52801 Re: Citation #[CITATION_NUMBER] — Demand for §364.22 Hearing in District Court Under Iowa Code §364.22, I demand that the City of Davenport file the above municipal-infraction citation as a civil-municipal-infraction petition in Scott County District Court. I do not wish to resolve this matter administratively. Upon filing, I will assert the following defenses: [LIST]. I also serve initial discovery requests: 1. All photographs, video, and digital records related to the citation. 2. The complete enforcement officer's notes and dispatch log. 3. Calibration and maintenance records for any equipment used. 4. Maintenance and installation records for the regulatory signage at the location for the prior 90 days. 5. The City's training records for the issuing officer for the calendar year of the citation. If the City does not file a §364.22 petition within ninety (90) days, the citation must be deemed abandoned. Sincerely, [NAME] [ADDRESS]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Iowa Code §364.22 (legis.iowa.gov)
- Davenport Municipal Code Ch. 10.50