Code Amendment_Disabled Parking FineMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Disabled Parking Violation Fine Amount Code Amendment
DATE: February 15, 2012
Dubuque
bierd
All-America City
1
2007
The State of Iowa recently adjusted the fine amount for violations of regulations related
to disabled parking from $100 to $200. The City of Dubuque is required to adjust the
City of Dubuque Code of Ordinances to be at least equal in fine amount to that reflected
in the State Code. The City previously adjusted a section of the City Code, but
inadvertently missed section 9 -14- 321.705.
Parking System Supervisor Tim Horsfield recommends City Council approval of an
amendment to the City of Dubuque Code of Ordinances adjusting the fine for violation
of disabled parking regulations from $100 to $200.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Tim Horsfield, Parking System Supervisor
THE CITY OF
Dui
Masterpiece on the Mississippi
TO:
FROM:
DATE:
SUBJECT:
Michael C. Van Milligen, City Manager
Tim Horsfield, Parking Division Manager
January 20, 2012
Disabled Parking Violation Fine Amount Code Amendment
Dubuque
had
All-America City
' 11'
2007
INTRODUCTION
This memo is intended to provide you with information related to a City of Dubuque Code of Ordinance amendment adjusting
the fine for violation of disabled parking regulations.
BACKGROUND
The State of Iowa recently adjusted the fine amount for violations of regulations related to disabled parking from $100.00 to
$200.00. The City of Dubuque is required to adjust our Code of Ordinances to be at least equal in fine amount to that
reflected in the State Code. We have previously adjusted a section of the City Code, but inadvertently missed section 9 -14-
321.705.
DISCUSSION
This Code of Ordinance adjustment increased the fine amount reflected in Section 9- 14- 321.705 from the previous amount of
$100.00 to $200.00 for violations of and disabled parking regulations.
RECOMMENDATION
Subsequent to your approval, I would recommend City Council approval of the suggested Ordinance Amendment.
Prepared by:
Tim Horsfield, Parking Division Manager
cc:
Dave Heiar, Economic Development Director
Crenna Brumwell, Assistant City Attorney
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381
ORDINANCE NO. 18 -12
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR
VEHICLES AND TRAFFIC, CHAPTER 14 PARKING, SECTION 9 -14- 321.705
PROHIBITED USE OF PARKING PLACES OR IDENTIFICATION DEVICES BY
INCREASING THE FINE FOR DISABLED PARKING VIOLATIONS FROM $100.00 TO
$200.00
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9 -14- 321.705 of the City of Dubuque Code of Ordinances is
amended to read as follows:
9 -14- 321.705: PROHIBITED USE OF PARKING PLACES OR IDENTIFICATION
DEVICES:
A. Violation: The use of a disabled person space, including the access aisle, located
on either public or private property, by a motor vehicle not displaying a special
identification device issued by an official state or federal agency, or by a motor vehicle
displaying such a device but not being used by a disabled person, as operator or
passenger, is prohibited and is a misdemeanor for which a fine may be imposed upon
the owner, operator, or lessee of the motor vehicle. The fine for each violation shall be
two hundred dollars ($200.00).
B. Parking Of Vehicle: Each motor vehicle authorized to use a disabled person
space shall be parked within such parking spaces as are established and designated by
appropriate markings. Each motor vehicle authorized to use a disabled person space
when operated or moved therein and therefrom shall be operated or moved within the
traffic lanes established and designated by appropriate markings. It shall be prohibited
for any person to cause, allow, or permit any motor vehicle to park across, blocking or
within the accessible access aisle of a disabled person parking space. The fine for each
violation shall be two hundred dollars ($200.00).
Section 2. This Ordinance takes effect on publication.
Passed, approved and adopted the 20thda of February , 2012.
Roy 1 B I, Mayor
Attest:
Kevi ' Firnstahl, City Jerk
OFFICIAL
PUBLICATION
ORDINANCE NO. 18- 12
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE 9
MOTOR VEHICLES
AND TRAFFIC, CHAP-
TER 14 PARKING,
SECTION 9- 14-321:705
PROHIBITED USE OF
PARKING PLACES OR
IDENTIFICATION DE-
VICES BY INCREAS-
ING THE FINE FOR
DISABLED PARKING
VIOLATIONS FROM
;100.00 TO $200.00
NOW, THEREFORE,
BE IT ORDAINED BY
THE CITY COUNCIL
OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9-
14- 321.705 of the City
of Dubuque Code of
Ordinances is amended
to read as follows:
9- I4-321.705: PRO-
HIBITED USE OF
PARKING PLACES OR
IDENTIFICATION DE-
VICES:
A. Violation: The use
of a disabled person
space, including the
access aisle, located
on either public or
private property, by a
motor vehicle not
displaying a special
identification device
issued by an official
state or federal
agency, or by a motor
vehicle displaying such
a device but not being
used by a disabled
person, as operator or
passenger, is pro-
hibited and is a
misdemeanor for
which a fine may be
imposed upon the
owner, operator, or
lessee of the motor
vehicle. The fine for
each violation shall be
two hundred dollars
($200.00).
B. Parking Of Vehicle:
Each motor vehicle
authorized to use a
disabled person space
shall be parked within
such parking spaces as
are established and
designated by ap-
propriate markings.
Each motor vehicle
authorized to use a
disabled person space
when operated or
moved therein and
therefrom shall be
operated or moved
within the traffic lanes
established and
designated by appro-
priate markings. It
shall be prohibited for
any person to cause,
allow, or permit any
motor vehicle to park
across, blocking or
within the accessible
access aisle of a
disabled person park-
ing space. The fine for
each violation shall be
two hundred dollars
($200.00).
Section 2. This
Ordinance takes effect
on publication.
Passed, approved and
adopted the 20th day
of February, 2012.
/s/Roy D. Buol, Mayor
Attest:
/s/Kevin S. Firnstahl,.
City Clerk
Publised officially in
the Telegraph Herald
Newspaper on the 24th
day of February, 2012.
/s /Kevin S. Firnstal,
City Clerk
It 2/24
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: February 24, 2012, and for which the charge is $22.77.
Subscribed to before me, a Notar Public in and for Dubuque County, Iowa,
this �' day of , 20 /42 .
1I,
otary Public in and for Dubuque County, Iowa.
a MAr�Y K. WESTGRf:AEYER
,
Cammie;,lon Number
•.. -. l ;nom ���, FCa 1 as "• . _
EFFECT OF AMENDMENT
9 -14- 321.705: PROHIBITED USE OF PARKING PLACES OR IDENTIFICATION
DEVICES:
A. Violation: The use of a disabled person space, including the access aisle, located
on either public or private property, by a motor vehicle not displaying a special
identification device issued by an official state or federal agency, or by a motor vehicle
displaying such a device but not being used by a disabled person, as operator or
passenger, is prohibited and is a misdemeanor for which a fine may be imposed upon
the owner, operator, or lessee of the motor vehicle. The fine for each violation shall be
two hundred dollars ($200.00).
B. Parking Of Vehicle: Each motor vehicle authorized to use a disabled person
space shall be parked within such parking spaces as are established and designated by
appropriate markings. Each motor vehicle authorized to use a disabled person space
when operated or moved therein and therefrom shall be operated or moved within the
traffic lanes established and designated by appropriate markings. It shall be prohibited
for any person to cause, allow, or permit any motor vehicle to park across, blocking or
within the accessible access aisle of a disabled person parking space. The fine for each
violation shall be two hundred dollars ($200.00).
C. Snow Removal:
1. The owner of any property on which is located any disabled parking
spaces and /or access aisles shall not allow any snow or ice, or accumulations
thereof, on the property to impede the free access and use of such disabled
parking spaces or access aisles.
2. No person shall use a disabled parking space or access aisle, located on
either public or private property, for the storage of snow.
3. A property owner notified by written notification from the city manager of a
violation of this subsection shall remove the snow or ice, or accumulations
thereof, within twenty four (24) hours of receipt of the notification.