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 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.

(B)        All bronze posts indicate 2 (two) hour zones at a rate of 50 (fifty) cents for 2 (two) per hours.

(C)        All dark green posts indicate 5 (five) hour zones at a rate of 50 (fifty) cents for 5 (five) hours.

(D)        All standard black posts indicate 10 (ten) hour zones at a rate of $1.00 (one dollar) for 10 (ten) hours.

(E)        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, exclusive of 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 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.

(2) If a person fails to pay a $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, exclusive of court costs.

For violations subject to a $3.00 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:

____________________________

Jonathan M. Douglass, City Clerk

APPROVED AS TO LEGAL FORM:

____________________________

Toni Ramirez Wheeler   

Director of Legal Services