ORDINANCE NO. 8413
AN ORDINANCE AMENDING SECTIONS 17-303, 17-304, 17-415 AND 17-417 OF THE CITY CODE CONCERNING PARKING RATES, OVERTIME PARKING, AND MODIFYING PENALTIES FOR VIOLATIONS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
Section 1. Section 17-303 of the Code of the City of Lawrence, Kansas, 2009 Edition and amendments thereto, is hereby amended to read as follows:
17-303 METERS; COLOR DESIGNATION.
As an additional means of designating parking meter zones the colors hereinafter set forth, shall indicate rates and hours as follows:
(A) All blue meter heads indicate 15 (fifteen) minute zones that shall provide for 3 (three) minute parking for 5 (5 (five) cents, 6 (six) minute parking for 10 (ten) cents and 15 (fifteen) minute parking for 25 (twenty-five) cents.
(B) All red
posts indicate 30 (thirty) minute zones which that shall provide for 10 (ten) 6 (six) minute parking for 5 (five) cents, 20 (twenty) 12 (twelve) minute parking
for 10 (ten) cents and 30 (thirty) minute parking for 25 (twenty-five) cents.
(C) All brown
posts indicate 2
(two) 1 ½ (one
and one half) hour zones at a rate of 50 (fifty) cents for 2 (two) per hours.
(D) All bronze posts indicate 2 (two) hour zones at a rate of 50 (fifty) cents for 2 (two) hours.
(E) All dark green posts indicate 5 (five) hour zones at a rate of 50 (fifty) cents for 5 (five) hours.
(F) All standard black posts indicate 10 (ten) hour zones at a rate of $1.00 (one dollar) for 10 (ten) hours.
(G) All non-standard, decorative black posts and all meters mounted on light posts indicate zones and rates as marked.
Section 2. Section 17-304 of the Code of the City of Lawrence, Kansas, 2009 Edition and amendments thereto, is hereby amended to read as follows:
17-304 DUTIES OF PARKING CONTROL OFFICERS; FEES AND FINES.
(A) It shall be
the duty of parking control officers, and other persons designated by the Chief
of Police, of the City, acting in accordance with instructions
issued by the City Manager, to report:
(1) The number of each parking meter which indicates that the vehicle occupying the parking space adjacent to such parking meter is or has been parking in violation of any of the provisions of this Article.
(2) The state license number of such vehicle.
(3) The time during which such vehicle is parked in violation of any of the provisions of this Article.
(4) Any other
facts, or knowledge that of which is necessary for a thorough understanding of the circumstances
attending such violation.
(B) No person shall park a vehicle in violation of any provisions of this Article. The penalty for any violation of Sections 17-305 or 17-306 of this Article shall be an assessment in the amount of $3.00, except that:
(1) The penalty for any violation of Sections 17-305 or 17-306 committed by a habitual violator, as defined in Section 17-417, and amendments thereto, shall be $50.00, plus any applicable court costs.
(2) If a person fails to pay the $3.00 assessment before the ticket becomes overdue, as provided in subsection (C) of this section, the violation shall be punished by a fine of no less than $15 nor more than $100, plus any applicable court costs.
For violations subject to the $3.00
assessment, Tthe parking control officer, or other person
designated by the Chief of Police, shall also attach to such vehicle a notice
to the owner or operator thereof that such vehicle is parked contrary to the
time parking limitations of this Article and instructing such owner or operator
to deposit $23.00 with the ticket describing the violation into
the envelope provided and place the same in the collection box.
(C) If the
necessary payment is not received by the Municipal Court desk by the end
of ten (10) calendar days following the issuance of the notice required by
this section, the ticket will be considered overdue. Postal marking will
not suffice for proof of intent to pay within the allotted period. At the end
of the ten (10) day period after the issuance of the ticket notice
required by this section, the Municipal Court shall open a docket to allow
prosecution for failure to pay parking fees as specified.
(D)
The fine
for failure to pay the parking fee shall be not less than $10 nor more than
$100, exclusive of court costs.
Section 3. Section 17-415 of the Code of the City of Lawrence, Kansas, 2009 Edition and amendments thereto, is hereby amended to read as follows:
17-415 OFF-STREET PUBLIC PARKING; FEES AND FINES.
(A)
Whenever any
motor vehicle is found parked in violation of Section 17-414 of this Article,
the parking control officer, or other person designated by the Chief of Police,
shall take its registration number and such other information displayed on the
vehicle which may identify its owner or user. For violations subject to a
$3.00 assessment, Tthe parking control officer shall attach
to such vehicle a notice to the owner or operator thereof that such vehicle is
parked contrary to the time parking limitations of this Article and instructing
such owner or operator to deposit two three dollars ($23.00)
with the ticket describing the violation into the envelope provided and place
the same in the collection box.
(B) The penalty for any violation of Section 17-414 of this Article shall be an assessment in the amount of $3.00, except that:
(1) The assessment shall be $5.00 for overtime parking if the metered parking spot where the violation took place is one where the maximum allowed parking time is 15 minutes.
(2) The penalty for any violation of Section 17-414 committed by a habitual violator, as defined in Section 17-417, and amendments thereto, shall be $50.00, plus any applicable court costs.
(3) If a person fails to pay a $3.00 or $5.00 assessment before the ticket becomes overdue, as provided in subsection (C) of this section, the violation shall be punished by a fine of no less than $15 nor more than $100, plus any applicable court costs.
For violations subject to a $3.00 or $5.00 assessment, the parking control officer, or other person designated by the Chief of Police, shall also attach to such vehicle a notice to the owner or operator thereof that such vehicle is parked contrary to the time parking limitations of this Article and instructing such owner or operator to deposit the appropriate amount with the ticket describing the violation into the envelope provided and place the same in the collection box.
If the necessary payment is not
received by the Municipal Court desk by the end of ten (10) calendar days, the
ticket will be considered overdue. Postal marking will not suffice for proof
of intent to pay within the allotted period. At the end of the ten (10) day
period after the issuance of the ticket, the Municipal Court will open a docket
to allow prosecution for failure to pay parking fees as specified.
(C) If the
necessary payment is not received by the Municipal Court desk by the end
of ten (10) calendar days following the issuance of the notice required by this
section, the ticket will be considered overdue. Postal marking will not
suffice for proof of intent to pay within the allotted period. At the end of
the ten (10) day period after the issuance of the notice required by this
section, the Municipal Court shall open a docket to allow prosecution for
failure to pay parking fees as specified.
The fee for failure to pay the
parking fee shall be not less than ten dollars ($10.00) nor more than one
hundred dollars ($100.00), exclusive of court costs.
Section 4. Section 17-417 of the Code of the City of Lawrence, Kansas, 2009 Edition and amendments thereto, is hereby amended to read as follows:
17-417 HABITUAL VIOLATOR DEFINED OFFENSE; $50.00 FINE.
“Habitual Violator” shall mean any person who in the previous thirty days has done any of the following, in any combination, five or more times:
(1) Violated Section 17-305 of this code, and amendments thereto.
(2) Violated Section 17-306 of this code, and amendments thereto.
(3) Violated Section 17-414 of this code, and amendments thereto.
The thirty day period established above shall be measured from date of offense to date of offense.
(A) It shall
be a separate municipal offense to park a vehicle in a City parking lot or at a
metered location on a public street, if both of the following conditions are
present: (Ord. 7681)
(1) The
vehicle is parked unlawfully at a meter pursuant to Section 17-304 et seq.
or is parked unlawfully pursuant to Section 17-414 et seq. in an
off-street parking lot, and
(2) the
vehicle has received five (5) or more notices of violation pursuant to Sections
17-304 et seq. or Section 17-414 et seq. within a period of the
previous thirty (30) consecutive days.
(B) It shall
be a defense to a citation received pursuant to subsection (A) that the vehicle
was improperly issued a fee notice pursuant to the City Code, and because of
such improper issuance of the fee notice the vehicle has not received the
required number of fee notices pursuant to subsection (A).
(C) Upon
conviction of this Section, the fine shall be $50.00 for each and every
offense.
Section 5. Sections 17-303, 17-304, 17-415 and 17-417 of the Code of the City of Lawrence, 2009 Edition, and amendments thereto, are hereby repealed, it being the intent to supersede those provisions with the provisions of this ordinance.
Section 6. Severability. If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.
Section 7. This ordinance shall take effect and be in force effective on August 1, 2009 and upon its passage and publication once in the official city paper as provided by law.
PASSED by the Governing Body this _______ day of____________, 2009.
PASSED:
________________________
Robert Chestnut, Mayor
ATTEST:
____________________________
Frank S. Reeb, City Clerk
APPROVED AS TO LEGAL FORM:
____________________________
Toni Ramirez Wheeler
Director of Legal Services