ORDINANCE NO. 9266

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER XVII, ARTICLE 3, SECTION 17-304, CODE OF THE CITY OF LAWRENCE, KANSAS, 2015 EDITION, AND AMENDMENTS THERETO, PERTAINING TO PARKING METERS, AND REPEALING EXISTING SECTION 17-304.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1: Chapter XVII, Article 3, Section 17-304 of the Code of the City of Lawrence, Kansas, 2015 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 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 $5.00, 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 $75.00, plus any applicable court costs.

(2) If a person fails to pay the $3.00 $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 $20 nor more than $100, exclusive of court costs.

For violations subject to the $3.00 $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 $3.00 $5.00 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 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.

SECTION 2. Existing Section 17-304 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, is hereby repealed, it being the intent of the Governing Body that Section 1 of this ordinance supersede it.

SECTION 3. If any section, sentence, clause, 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 part of this ordinance.

SECTION 4. This ordinance shall be in full force and effect from and after its passage and publication as provided by law.

PASSED by the Governing Body of the City of Lawrence, Kansas, this ____ day of July 2016.

APPROVED:

________________________________

Mike Amyx

Mayor

ATTEST:

__________________________________

Sherri Riedemann

City Clerk

APPROVED AS TO FORM:                   

__________________________________

Toni R. Wheeler

City Attorney

*****

NOTICE TO PUBLISHER

Publish once and return one Proof of Publication to the City Clerk and one to the City Attorney.