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
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
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:
____________________________
Jonathan M. Douglass, City Clerk
APPROVED AS TO LEGAL FORM:
____________________________
Toni
Ramirez Wheeler
Director
of Legal Services