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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.