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Vehicle Impoundment OrdinanceMEMORANDUM March 11, 2002 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vehicle Impoundment Ordinance Economic Development Director Bill Baum is recommending modifications to the existing Vehicle Impoundment Ordinance. This ordinance currently limits collection of parking fines to a time not to exceed 12 months. This does not allow enough time to collect unpaid fines, which is commonly done through impounding of a vehicle found on the tow list. This ordinance modification would eliminate that 12-month time period. This ordinance modification also provides the authority to impound vehicles from private lots, with the property owner's consent. This is mainly applicable when a private property owner issues City of Dubuque parking violations. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Bill Baum, Economic Development Director March 13, 2002 TO: Michael C. Van Milligen, City Manager FROM: Bill Baum, Economic Development Director SUBJECT: Vehicle Impoundment Ordinance Introduction The purpose of this memorandum is to request City Council approval of a change in Section 32-411 of the Code of Ordinances regarding removal and impoundment of vehicles. Discussion Section 32-411 of the Code of Ordinances provides for the impoundment and removal of vehicles for unpaid violations or when such vehicle is deemed a public nuisance. After consultation with the legal department, we are asking for the ordinance to be amended by removing the length of time allowed for collection of parking fines. The ordinance currently limits collection of parking fines to a time not to exceed twelve months. In conjunction, the authority to impound vehicles for unpaid fines would be within the same restrictions. At the current time, records indicate unpaid parking fines for the period of March 1, 2000 to December 31, 2000 to be in the amount of $46,583.80. In addition, unpaid fines for the period of January 1, 2001 to December 31, 2001 total $68,900.75. We currently have an amount of $23,000.00 in fines reflected on our tow list. The tow list indicates vehicles having five or more unpaid parking violations. The time restriction of twelve months simply does not allow the City sufficient time to collect those fines imposed for parking violations. The proposed amendment will compliment the enforcement aspect of the parking program and provide a fair and equitable follow through on parking violations that are issued. As a result of the meter enforcement staff transferring to the Parking Division from the Police Department, the proposed change amends the ordinance providing clear language regarding authority of the Parking Division to impound vehicles for violations as prescribed in other sections of the Code of Ordinances. The last item to be added with this request, is the language relative to the authority to impound vehicles from private lots with the property owner's consent. This is mainly applicable when a private property owner, or designee, issues City of Dubuque parking violations. This proposed change provides for collection and follow-through on those violations should impoundment become necessary. As an example, a situation currently exists in which a private property owner has issued approximately 1300 City of Dubuque parking tickets, of which a very small percentage have been paid or resolved. This is one of the main reasons our current tow list totals 184 pages (License plates numbers with five or more violations). In conjunction with this ordinance change, private property owners would allow the police or parking enforcement staff to enter upon their property and be fully aware of that at the time they acquire a supply of tickets at the Police Department. We would also contact the business owner or property manager regarding the change as proposed. Chief of Police Kim Wadding is assisting this division with the development of a waiver or acknowledgement to be signed by any business or establishment issuing parking tickets, which would clearly state the intentions of the City of Dubuque to pursue the collection of those tickets issued by them. Action The requested action is for the City Council to adopt the attached ordinance amending Section 32-411 of the Code of Ordinances. Cc: Bill Baum, Economic Development Director Prepared by: Tim Horsfield Parking System Supervisor ORDINANCE NO. 24-02 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-411 REMOVAL AND IMPOUNDMENT OF VEHICLES BY PERMITTING THE TOWING OF VEHICLES ON PRIVATE PROPERTY WITH THE PROPERTY OWNER'S CONSENT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 32-411 of the City of Dubuque Code of Ordinances is amended to read as follows: Sec. 32-411 Removal And Impoundment. Any vehicle having against it five (5) or moro unpaid violations, charging that such vehicle was parked, stopped or standing in violation of any law, ordinance or local authority of the city shall be deemed a public nuisance. The police department and parking division are hereby authorized to remove or cause to be romoved from property owned by the City or private property with the property owner's consent such vehicle at the sole cost and expense of the habitual violator. The police department and parking division shall have the power and are hereby authorized to remove the vehicle by either private or governmental equipment as they may deem advisable. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 18th day of March, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC ,City Clerk