Memorandum

City of Lawrence

Legal Services Department

TO:	David L. Corliss, City Manager
FROM:	Vicki Stanwix, Court Manager and Toni Wheeler, Director of Legal Services
Cc:	Diane Stoddard, Cynthia Boecker, Assistant City Managers Casey Toomay, Budget Manager Jonathan Douglass, Assistant to the City Manager
Date:	June 4, 2009
RE:	Proposed Ordinance No. 8420 Increasing Fines For Certain Parking and Traffic Offenses

Project Description

Attached please find Ordinance No. 8420 increasing Municipal Court parking and traffic fines as follows:

• NTA (notice to appear) parking fines are increased from $40 to $55;
• All $38 traffic offense fines are increased to $50 (including fines for defective or improper equipment violations and driving 1-10 miles per hour over the posted speed limit). 
• For violations of driving in excess of 10 miles per hour over the posted speed limit, the fine schedule gradually increases;
• All $68 traffic offense fines are increased to $80.   These offenses include traffic infractions such as violating a traffic control signal, stop sign violations, improper turns, following too closely, driving left of center, lane violations, etc. 

Court costs will be assessed in addition to the fines listed above.  Court costs remain at $52.00.

Staff regularly reviews court fines and fees and compares the City’s schedule to those of other Kansas communities.  The Court Manager reviewed the fines and fees assessed in other communities and contacted 22 court administrators in Kansas.  Staff also reviewed a 2008 published fine survey produced in a journal of the Municipal Judges Association of Kansas.  While the proposed increases place Lawrence in the higher range of the cities surveyed, many court administrators reported their cities are reviewing fines and fees and will likely recommend increases in 2009.  The City’s existing fines schedule was effective in January 2007.

It is anticipated that the increase in fines recommended above will generate approximately $250,000 in additional revenue to the City. 

Municipal Court staff continues to pursue collection of outstanding fines and fees.  Staff issues thirty-day notices for past due citations, issues warrants and suspends licenses in appropriate cases.  Municipal Court also contracts with a collection agency that specializes in collecting court fines and fees.  In 2008, the City received $125,000 in net revenue from the collection agency on cases submitted to it.  

Staff also recommends the minimum fee charged for insufficient funds (for payments made by checks with insufficient funds) increase from $25 to $35.  Our current $25 fee for this purpose is below all cities surveyed.  An ordinance change is not required to increase the insufficient funds fee.

Action Requested:  Adopt on first reading Ordinance No. 8420, as appropriate.