In keeping with a new state law more strictly regulating Automated Traffic Enforcement (ATE) units and requiring that they be permitted through the Iowa Department of Transportation (DOT), the agency has conducted a review of the cameras around the state and issued rulings on Monday. The unit on Lincoln Way in Marshalltown (eastbound only) is now one of just 11 fixed sites in all of Iowa to receive approval from the DOT.
The city’s application for permits on the South 12th Avenue fixed site, both northbound and southbound, were denied, along with applications for a total of six mobile sites – one each in the 600 block of East Olive Street, the 300 block of West Olive Street, the 1000 block of East South Street, the 1500 block of Marion Street, the 1800 block of West Main Street and the 900 block of East Southridge Road. According to a letter from the DOT shared with the T-R, the mobile site applications were all denied because they were not in use prior to Jan. 1, 2024.
The South 12th Avenue permit application for southbound traffic was denied because it was “not the least restrictive means,” and the northbound camera was deemed “not necessary.” Both of the city of Tama’s applications for their two fixed site cameras, one in the 1700 block of McClellan Street and the other in the 500 block of East 13th Street, were also denied.
During an interview Tuesday, Marshalltown Police Chief Mike Tupper said he hadn’t received any sort of in-depth explanation from DOT officials as to why some permits were approved and other denied, but he felt that a need had been established for both of the fixed site cameras, which have issued thousands of citations since they went into operation last July.
“From a public safety standpoint, I think that there is a need. I hear from community members daily about the need to do more with speed enforcement,” he said. “I have to emphasize that I don’t make policy, but from a public safety standpoint, I believe that there’s a need.”
He added that any outstanding tickets from the South 12th Avenue camera were valid and legal at the time they were issued, and he believes they would still need to be paid.
“People should seek legal advice,” Tupper said.
Going forward, the city will need to reapply for its permits at the Lincoln Way site annually along with any potential new locations for the camera. Tupper noted that decisions on the future of the program locally will ultimately rest with the city council.
“I’ve been pretty clear during my tenure that we don’t have enough police officers. We have work for 50, (and) we have a budgeted strength of 42,” the chief said. “So we’re doing the best that we can to address problems with the resources that are available to us. I think technology is the future for a lot of professions, and that includes law enforcement. And we’re making more and more use of technology every day to enhance public safety and make it easier for our police officers to do their job. I think, as a society, we have to find a way to make sure that we’re meeting everybody’s needs, and how can we best do that? Is it through people, or is it through the use of technology?”
The DOT permit rulings have no impact on the Flock license plate reader cameras installed around Marshalltown, which do not issue citations and are primarily used to assist with criminal investigations and identify individuals with outstanding warrants.
Mayor Joel Greer expressed his frustration with the ruling, citing the fact that after the city council initially implemented the ATE program, they had decided to allocate the revenues for several uses that have since been banned under the new statewide regulations.
“Our city council listened to its residents, who expressed serious concerns about speeding hazards, so we installed the two fixed cameras, which worked very well in slowing speeders down! It also unexpectedly brought in way more fine revenue than expected — money the council had dedicated to use for quality of life improvements such as the arts and cultural master plan, community improvements and nuisance enforcement, and police technology investments,” Greer said. “This followed the legislature’s limitations on using our annual levies to fund the library, municipal band and community center. So, as mayor, I am chagrined that the legislature has once again trumped and overruled our home rule solutions to problems and to making improvements. Speeding will resume, and we will now struggle locally to find the needed replacement funds.”
At-Large Councilor Barry Kell felt that speeds as high as 98 miles per hour recorded on South 12th Avenue/Governor Road established a clear need for the continued use of an ATE unit there.
“I was initially surprised at our denial of the fixed location cameras already in place on Governor Road. Seeing the decisions made regarding other communities throughout the state, our application denial started to come into focus,” he said. “I am not aware of what criteria the Iowa DOT used to evaluate each application, but the number of violations coupled with the shocking speeds captured on Governor Road since the cameras were installed do show a big safety issue.”
Councilor Mike Ladehoff also questioned the decision.
“All cities across Iowa are short police officers, including Marshalltown. We have the budget for them, but being a cop is a tough job. The city councilors decided to use the cameras as a way to stretch our police force and give them a hand,” he said. “This was always about safety, not money. I would like to see the criteria the IDOT used for accepting or denying the camera locations.”
Rep. Sue Cahill said that while she voted in favor of House File 2681, the camera along Lincoln Way has made her “more attentive” to her speed in the 30 mile per hour zone there.
“I feel the cameras and the automated systems can free up our police officers from sitting with a radar gun to performing complex investigations or creating relationships with community members. We are also able to have uniform systems and consequences across the state preventing ‘price gouging’ and cameras whose only purpose is to generate revenue for a city,” she said. “I know there is an appeals process, and I trust our police leadership to appeal the ruling if needed.”
In all, just 10 other fixed site location applications across the state were approved — four in Cedar Rapids, four in Davenport, one in Des Moines and one in LeClaire — while 128 were denied.
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Contact Robert Maharry
at 641-753-6611 ext. 255 or
rmaharry@timesrepublican.com.