Code of Ordinances Amementent_Parking Violations
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: City Code Ordinance Amendment of 9-14-321.621: Parking Violations:
Fines
DATE: September 12, 2012
Chief of Police Mark Dalsing recommends City Council approval to amend the City
Ordinance on Parking Violations to include language allowing the City Manager to waive
parking fines on vehicles ticketed while the owner was involved in providing emergency
response services to the City. This is in response to a request from the Police Auxiliary.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/ AAh kt1&1
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Mark M. Dalsing, Chief of Police
THECIFYOF Dubuque
DUB E fiiiii
Masterpiece on the Mississippi 1 I III r
2007
10: Michael C. Van Milligan, City Manager
FROM: Mark M Baking, Chief of Police
DATE: September 11 2012
SUBJECT: City Code Ordinance Amendment of 14321 621 Parking Violations ; Fines
INTRODUCTION
This memo will address amending City Code ordinances 9 14321 621. Parking Violations; Fines.
BACKGROUND
Emergency responders and others involved In public safety often are involved In emergency situations or other time
consuming events that restrict their ability to leave their duty locations for extended periods of time Because the emergency
situations are unpredictable these law enforcement officers , Auxiliary Police officers , firefighters , EMIT 'a medical examiners,
and others have had occasions where thelrformerly legally parked cars later came Into violation of parking laws and were
cited for the violations.
The city ridden cc provides few remedies for these fine sand staff hea been directed to me into ln objective sta boards for
refused such tickets Tha matter was disused between tha City Me nager, Parking Gu Tax isor, City Afforn ey's Office a no
me a no it was p mpostl that the current ortlinan cc be amen dedto allow the City Man agerto waive parking violation fin as for
emergency response personnel In these situations.
RECOMMENDATION
I race en it a mantling City ridden cc 916321621 Parking Violations Fines to include tang food allowing the City
Made Bar to waive fines d n v pricles ticketed while the owner was Inv dived In pmvitling d me men A rose dns sery Ices to the
City
ACTION TO BE TAKEN
City manager review, approval and recommendation to the City Council to approve the amendment to 14321621. Parking
Violations Fines
Prepared by
Mark M Baking
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381
ORDINANCE NO. 50 -12
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR
VEHICLES AND TRAFFIC, CHAPTER 14 PARKING, SECTION 9 -14- 321.621
PARKING VIOLATIONS; FINES BY ADDING A PROVISION WHICH ALLOWS THE
CITY MANAGER TO WAIVE PARKING VIOLATION FINES FOR EMERGENCY
RESPONDERS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9 -14- 321.621 of the City of Dubuque Code of Ordinances is
amended to read as follows:
9 -14- 321.621: PARKING VIOLATIONS; FINES:
A. The owner or operator of any vehicle who shall receive notice, either personally
or by the attaching of such notice to said vehicle, that said vehicle is parked in such
manner, in such a place or for such a time as to violate the provisions of this chapter
relating to the parking of vehicles, shall pay to the city treasurer as a penalty for such
violation the following sum:
B. Payment of the above fine by mail to the city treasurer shall be deemed paid as
of the date of the postmark on the envelope thereof.
C. For purposes of this section, a ticket shall become delinquent if not paid within
seven (7) calendar days from the date of issuance.
D. For purposes of this section, the city manager may waive a parking violation fine
for emergency responders including, but not limited to, firefighters, law enforcement
officers, emergency medical service personnel, emergency communications personnel,
auxiliary police, and other personnel having emergency response duties for a violation
received during an emergency response event or service to the city.
Section 2. This Ordinance takes effect on publication.
Passed, approved, and adopted the 17th day of September, 2012
Attest:
Kevin rnstahl, CMC, Ci' '"lerk
Roy D. oI, Mayor
OFFICIAL
PUBLICATION .
ORDINANCE NO. 50-12 1
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE 9
MOTOR VEHICLES
AND TRAFFIC, CHAP-
TER 14 PARKING,
SECTION 9- 14-321.621
PARKING VIOLA-
TIONS; FINES BY
ADDING A PROVISION
WHICH ALLOWS THE
CITY MANAGER TO
WAIVE PARKING
VIOLATION FINES
FOR EMERGENCY'
RESPONDERS .
NOW, THEREFORE,
BE IT ORDAINED BY
THE CITY COUNCIL
OF THE CITY OF
DUBUQUE, IOWA:
Section L Section 9-
14- 321.621 of the City
of Dubuque Code of
Ordinances is amended
to read as follows:
9 -14- 321.621: PARK-
ING VIOLATIONS;
FINES:
A. The owner or
operator of any vehicle
who shall receive
notice, either person-
ally or by the attaching
of such notice to said
vehicle, that said
vehicle is parked in
such manner, in such a
place or for such a
time as to violate the
provisions 6f this
chapter relating to the
parking of vehicles,
shall pay to the city
treasurer as a penalty
for such violation the
following sum:
• B. Payment of the
above ,fine by mail to
the city treasurer shall
be deemed paid as of
the date of the
postmark _ the
envelope threof.
C. For purposes of this
' section, a ticket shall
become delinquent if
not paid within seven
(7) calendar days from
the date of issuance.
D. For purpose' of this
section, the city
manager may waive a
parking violation fine
foremergencyrespond - ,
ers including, ,but not
limited to, firefighters,
law enforcement offi-
cers, emergency medi-
cal service personnel,
emergency communi-
cations personnel,
auxiliary police, and
other personnel having
emergency response
duties for a violation
received ' during an
emergency response,
event or service to the
city.
Section 2. This
Ordinance takes effect
on publication.
Passed, approved,
and adopted the 17th
day of September,
2012.
/s /Roy D. Buol. Mayor
Attest /s /Kevin
Firnstahl, City Clerk
'Published officially in
the Telegraph Herald -
newspaper -on the 22nd
day of September,
2012.
` &' /S/Keviii'S Firittahl;
CMC, City Clerk
it 9/22
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: September 22, 2012, and for which the charge is $21.62.
_f
Subscribed to before me, a Not..; y Public in and for Dubuque County, Iowa,
this 277 day of
,20
otary Public in and for Dubuque County, Iowa.
s,
tc
MARY K WESTERMEYER
Commloslon Numbar 154588
EFFECT OF AMENDMENT
9 -14- 321.621: PARKING VIOLATIONS: FINES:
A. The owner or operator of any vehicle who shall receive notice, either personally
or by the attaching of such notice to said vehicle, that said vehicle is parked in such
manner, in such a place or for such a time as to violate the provisions of this chapter
relating to the parking of vehicles, shall pay to the city treasurer as a penalty for such
violation the following sum:
B. Payment of the above fine by mail to the city treasurer shall be deemed paid as
of the date of the postmark on the envelope thereof.
C. For purposes of this section, a ticket shall become delinquent if not paid within
seven (7) calendar days from the date of issuance.
D. For purposes of this section, the city manager may waive a parking violation fine
for emergency responders including, but not limited to, firefighters, law enforcement
officers, emergency medical service personnel, emergency communications personnel,
auxiliary police, and other personnel having emergency response duties for a violation
received during an emergency response event or service to the city.
Dubuque Auxiliary Police
770 Iowa Street
Dubuque IA 52001
April 23, 2012
Chief Dave Kern
563 - 543 -2024
As you know the Dubuque Auxiliary Police is comprised of men and women
Asst. Chief Peter Hancock
City of Dubuque
563- 589 -4410
Office of City Manager
50 W 13th Street
Lieutenant
Dubuque IA 52001
Kim Kern
Dear Mr. Van Mllligen:
Sgt.- Secretary /Treasurer
Allen Berger
As you know the Dubuque Auxiliary Police is comprised of men and women
Sgt. - Supply Person
who volunteer their time to the Dubuque Police Department to assist them in
Kate Dean
their needs, ex. major traffic accidents, structure fires, crime scenes, not to
mention all parades, walks, and runs so as sworn officers can maintain their
At Large
normal work activities.
Beth Jentz
Jason Cox
The Dubuque Auxiliary Police are requesting that you consider a policy of
forgiving parking citations to our members that have been called to service at
a time of need for the City. Our members in good faith pay the meters at
their initial response, but on occasion these calls take longer than anticipated
or longer than the meter allows.
Annually our members contribute an average of 2210 volunteer hours. Using
the average starting wage of a patrol officer, this saves the City an average of
$ 53.725.10 per year in regular or overtime pay.
Over the past year our members have been fortunate enough to have
received less than 10 parking citations which indicates we respect the City's
policy on parking meters, but some instances cannot be avoided. It is our
hope that something can be worked out so our volunteers do not receive
parking citations while serving the City of Dubuque in a time of need. Thank
you for your consideration in this matter.
Respectfo.ly,,
David C. Kern
Chief
Dubuque Auxiliary Police
770 Iowa Street
Dubuque, IA 52001
Dubuque Law Enforcement Center
563 -5009 -4410