Claim Response - DenhamBARRY A. LINDAtt
CORPORATION COUNSE~ CITY OF DUBUQUE
MEMO
To:
Mayor Terrance M. Duggan and
Members of the City Council
DATE: June 7, 2001
Claim by Jonathan Denham
Claimant Date of Claim Date of Loss
Nature of Claim
Jonathan Denham 5/7/01 5/4/01 Towed Moped
This is a claim in which the claimant maintains that his moped was erroneously towed from
McAleece Park.
According to the report of Kim Wadding, Chief of Police, the moped was parked on the grass,
which violates City Ordinance 32-251(E). Thus, the moped was subject to removal. However,
Chief Wadding has recommended that Mr. Denham and the City share the cost of the cla'un, each to
pay $39.75. Both Mr. DerLham and the Legal Department concur in this recommendation.
It is therefore the recommendation of the Legal Department that this claim, in the mount of $39.75,
be paid by the Finance Department and submitted to ICAP for reimbUrsement.
BAL/jm CD
Attachment
Cc: Kim Wadding, Chief of Police
Jonathan Dertham
(D <rD
196 DImUQUEBUILDINo 700 LOCUST STREET DUBUQUE, IA 52001-6824
TELEPHONE (319) 583-4113 /FAX (319) 583-1040/EMAm BALESQ~iWCI.~NET
MEMORANDA
Date: May 24, 200]
To: Barry A. Lindahl
Corporation Counsel
From: Kim B. Wadding
Police Chief
Re: Claim- Jonathan Denham (Towed Moped - #01-15804)
INTRODUCTION:
On May 4, 2001 City workers working at McAleece Park. found a 1981 Blue Moped parked on
the grass. The park is posted No Parking on the grass. The workers contacted Lieutenant
McTague and requested the vehicle be removed. Lieutenant McTague impounded and towed the
moped from the park.
DISCUSSION:
The moped parked on the grass.violates City Ordinance 32-251 (E) - It shall be unlawful for any
car, truck, motorcycle or any other type of motorized vehicle to drive on and/or park on any grass
area, sidewalk or trail in any park, recreation facility, or trail except with the express permission
of the Leisure Services Manager's designee. As a result, the moped was subject to removal.
RECOMMENDATION:
It is unfortunate that Mr. Dentmm chose to park his moped on the grass instead of a nearby
parking lot and ~ls,, ~ned to notify ~he par?~ ~' ~'-~'="'+ .... ':~ ' '
.... ..... rea ....... the vu~,~e of his inter, ohs.
Although not require, the officer did not attempt to contact the owner to gain further information
as to why the moped was left at the park. Based upon these findings, I recommend the claim be
shared between Mr. Denham ($39.75) and the city ($39.75).