*1 any secondary of form or which respective their system within
road located Any would conclusion
boundaries.
serve, essence, unreasonably make secondary road bridge each located on Smith, W. Rapids, Howard Cedar ap-
an island or no-man’s-land. pellant. Defendant’s motion dismiss should Pruss, Rapids, ap- Francis Cedar J. have been overruled. pellee. Resultantly and remand for we reverse proceedings this further consistent with MOORE, Chief Justice.
opinion. question presented The sole ap- Reversed and remanded with instruc- peal by appellant validity town is the of tions. prohibits which concur. punishment provides there- appeal stay judg- for. does 793.9, ment in favor defendant. Section sustaining 1966. It was based on the charging his demurrer to the information him with De- violation the ordinance. participated' ap- fendant has not in this peal. After an unsuccessful attack on the CITY, Appellant, CENTRAL ordinance, tried, defendant was found Mayor and fined the court Wm. EDDY, Appellee.
John Thomas Cooper by C. on an filed information No. 53528. deputy sheriff entitled State Iowa v. Eddy. appeal to Thomas On his John Supreme Court of Iowa. following court the “Amended and district Jan. Information” Substituted filed: CITY, IOWA, “CENTRAL vs. EDDY THOMAS JOHN Mayor Cooper, “Before Wm. C. County, Linn Iowa. accused the crime “The defendant is Driving violation Ordi- of the Town of Central nance #107 that the said defendant did on For 1968,at day June, about 15th Iowa, at County, Linn and State m., endangered p. in a careless manner 8:20 well-being the life in such manner operating an automobile squeak cause the tires to as to tire marks and leave burn rubber to a 40 mile by rapid acceleration street *2 5«3 pertinent As per hour zone. here speed in a 25 mile the demurrer filed per hour in of the defendant in the Contrary to the form Ordinance district court and which against alleged: and the trial court provided, made and sustained such cases City, of Central peace dignity the and “1. That the defendant herein is accused Iowa.” of the driving provided crime of as careless by Ordinance No. of the 107 Town of procedure is raised on question of No * * * City, Central the noted ar- appeal but it must be confused as resting officer was somewhat “3. That 107is an invalid Ordinance No. to Driving” was be to whether “Careless enactment of the of Central Town or the charged name of the in the State Iowa, for the reason that said Ordinance originally filed have been Town. It should purports crime negligent driving to make a name the town. in the Iowa, and Section of the Code 1966, requires that traffic the the laws of the 107 of town Central Ordinance political and State of Iowa the subdivisions Iowa, ORDI- as “AN reads follows: thereof in be uniform nature. CARELESS NANCE PROHIBITING THE DRIVING ON OR NEGLIGENT negligent driving of motor “4. That a STREETS, AND ALLEYS PUBLIC not a crime under vehicle does constitute SAME, HIGHWAYS, AND DEFINING Statutory Law and there is no such Iowa AND PEN- FOR ARREST PROVIDING denominated offense Iowa under Statute ALTY FOR VIOLATIONS. designat- as driving’, designated or 'careless ined Ordinance No. 107. “Any person a operate who shall motor limits of the Town of vehicle within the “5. That 107of Town Ordinance the No. negligent City, in a or careless Iowa is an invalid exercise life, being, as to endanger manner the well its police of the of said Town and power any person, shall be or Statutory is face the Iowa law violative ” driving driving. of careless * * * and such Ordinance is void. shall, in absence of unforeseen the the expression After an of reluctance emergency the to avoid an requiring same accident, trial the demurrer based turning of the court sustained include the course holding City on our in or it in a manner operating such vehicle 861, 857, 140 or 258 squeak, as to cause tires to 8, or filed March otherwise emit or cause loud offensive displace sound, up or or to tear or noise the legislative we trace In street, or to tire gravel, leave marks negligence as history providing general sway to or to rear of the vehicle cause the a of reckless charge commonly in side to the manner from side 5028, point that section and out riding on the outside ‘fishtailing’, as known re- provided, which so 1931 or except emergency aof vehicle pealed general in in revision 1937 authorized. vehicle when The statute chapter 321. what is now Code enacted, 321.283, pro- then now section violating this Ordinance person “Any Any person driving. vides : “Reckless driving and guilty of shall be to manner as any such more than drives vehicle fine subject to be shall a willful or wanton dis- either than indicate not more $100.00, imprisonment or prop- regard for the days. 30 driving.” erty guilty of is reckless full force be shall Ordinance “This designated The fact is approval, passage, upon its and effect Driving” in the Vinton ordinance “Reckless by law.” provided as publication 584 Driving” it is not this court. as “Careless City no of the of Central is of We find reason overrule Town
importance. Burley, Engledow, supra. It is con- State v. 181 Iowa Vinton v. 190, 191, and trolling here. 165 N.W. citations. attempts general negligence make Each trial ruling and order of the court *3 Engledow an offense which we hold can- was correct. prosecution. not be the basis for criminal policy regarding set section 321.283 Affirmed. requires proof of J-, except REES, concur who driving “in such a manner as to indicate SNELL, J., takes dissents. disregard either willful or wanton * * SNELL, (dissenting). Justice Since enactment of section holding in particularly I of the dissent in after our dissent change not seen fit to has If it is done 140 policy. the established to be