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