Loading...
HomeMy WebLinkAbout10. 20-459 NOVEMBER 10, 2020 NOVEMBER 24, 2020 20-448 20-459 ORDINANCE FIRST READING SECOND READING (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: AMEND ORDINANCES PERTAINING TO ENFORCEMENT OF PARKING RESTRICTIONS INITIATED BY: CITY ADMINISTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING ARTICLE VII. OF CHAPTER 27, SECTIONS 27-52 THROUGH 27-56, OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO THE ENFORCEMENT OF PARKING RESTRICTIONS WHEREAS, there is need to update certain provisions of the City Municipal Code pertaining to the Enforcement of Parking Restrictions to allow the City to update its current practices and to clarify language within the existing city ordinances; and WHEREAS,the Department of Finance recommends certain changes to reduce the time for collection of parking tickets as well as increasing the penalties and administrative fees associated with parking tickets to improve cash flow to the Parking Utility. NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Article VII of Chapter 27, Sections 27-52 through 27-56, of the Oshkosh Municipal Code pertaining to the Enforcement of Parking Restrictions is hereby repealed and recreated to read as shown on the attachment to this ordinance. SECTION 2. This ordinance shall be in full force and effect from and after its passage, and publication. NOVEMBER 10, 2020 NOVEMBER 24, 2020 20-448 20-459 ORDINANCE FIRST READING SECOND READING SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #20-459 AMEND ORDINANCES PERTAINING TO ENFORCEMENT OF PARKING RESTRICTIONS (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING ARTICLE VII. OF CHAPTER 27, SECTIONS 27-52 THROUGH 27-56, OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO THE ENFORCEMENT OF PARKING RESTRICTIONS) on November 24, 2020. The ordinance revises the City's current ordinances to update provisions of the City Municipal Code pertaining to the Enforcement of Parking Restrictions to allow the City to update its current practices and to clarify language within the existing city ordinances. The ordinance will also shorten the time period for collection of parking tickets as well as increasing the penalties and administrative fees associated with parking tickets. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us. Clerk's phone: 920/236-5011. Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Russ Van Gompel, Director of Finance DATE: November 4, 2020 RE: Recommendation to Amend Chapter 27 Section VII, Enforcement of Parking Restrictions BACKGROUND Current City ordinances for the enforcement of parking restrictions has been reviewed by staff and it has been determined the code needs to be updated to reflect current practices and provide a more consistent language. ANALYSIS Staff determined the timeframe from the issuance of the parking citation to collection is a drawn out process. Staff recommends to reduce the timeframe from issuance to collection from 60 days to 30 days. The reduction of collection time will allow for an improved cash flow for the Utility. Section 25- 56 has been updated to outline the administrative appeal practice. In addition to the reduction of collection time, penalties have been revised as well. The previous code allowed for three increases of the initial citation, $3 after 5 days, $13 after 15 days, and $23 after 45 days, respectively. The proposed code will allow for two increases, $15 after 10 days and $35 after 30 days, respectively. Proposed Fee Increase Parking Violation Current Fee Proposed Fee No parking 2 a.m. to 5 a.m. $15.00 $15.00 Parked on private property $15.00 $15.00 Prohibited parking (signed) $15.00 $15.00 Overtime parking violation $11.00 $15.00 Failure to properly display ermit $15.00 $15.00 Fraudulent use of parking permit $30.00 $15.00 Disabled Parking Violation $50.00 $150.00 Fire lanes $50.00 $15.00 Other violations $15.00 $15.00 Finance Department City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, wl 54903-1130 920.236.5005 http:// v .ci,oshkosh wi.us Finally, for purposes of clarity and organization, the section regarding Pay and Display violations was moved from Section 27-53 to Section 27-52. A red -lined version of the ordinance updates are attached to this memo. FISCAL IMPACT The fiscal impact will allow for increased cash flow with the reduction of collection time and allow for the suspension fees to be increased to help mitigate the number of plate suspensions. RECOMMENDATION Staff recommends Council to amend the proposed ordinance Chapter 27 Section VII, Enforcement of Parking Restrictions to comply with current day practices. Respectfully Submitted, Russ Van Gompel Finance Director Approved: Mark A. Rohloff City Manager Finance Department City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920236.5005 hhp://v .ci.oshkosh.wi.us ARTICLE VII. ENFORCEMENT OF PARKING RESTRICTIONS SECTION 27-52 ENFORCEMENT OF PARKING RESTRICTIONS A. Traffic officers observing violations of the parking restrictions specified within this chapter may issue parking tickets which shall be attached to the vehicle parked in violation. Each parking ticket shall specify: r J --O ___- r O -r ____ - __J_-___ to - r O meter- is or- - been r O The location of the vehicle parking in violation of the provisions of this chapter. (b) The license plate number -awl state of licensing, and make of the vehicle. ¢�'.The time at which such vehicle is parking in violation of the provisions of this chapter. (Any other facts, the ___-_s+ ,-,,,,,s ++,,nding to 4 '.,+;, -,. traffic officer deem appropriate. B. �'�,?Every time period that a vehicle remains in excess of the posted limit will constitute a new violation. In areas where the time limit is greater than 15 minutes and is less than one hour, regulated by parking meters or by sign, a separate violation occurs every hour that the vehicle remains in violation. C. Pay and Display Violation: Penalties for violations of pay and display stations owned by the University of Wisconsin -Oshkosh and installed on City streets are established by the University of Wisconsin -Oshkosh pursuant to the authority granted to the Board of Regents of the University of Wisconsin system under sections 20.285(1)(h), 36.11(8)(a) and 36.11(9)(b) Wis. Stats. and in turn granted by the Board of Regents to the chancellor. It is the intention of this ordinance to include by such reference all provisions in effect at the time of the adoption of this ordinance or future amendments, revisions or recodification effective upon adoption by the Board of Regents of the University of Wisconsin System. SECTION 27-53 BASIC PENALTIES FOR VIOLATIONS UPON ISSUANCE OF PARKING TICKET The basic penalty for violation of the listed parking violations shall be as follows: No parking 2 a.m. to 5 a.m................................ $15 Parked on private property ............................... $15 Prohibited parking (signed) ............................... $15 Overtime parking violation .............................. $154 Failure to properly display permit ....................... $15 Fraudulent use of parking permit ................... $15 0 Disabled Parking Violation .............................. $150 Firelanes......................................................... $50 Other violations ................................................ $15 SECTION 27-54 PAYMENT OF PARKING VIOLATIONS; TIME LIMITS; FAILURE TO PAY PARKING TICKETS Each owner or operator shall, c-onsecutive, . pay to the City as a penalty the basic penalty established for the violation as enumerated in section 27-53. Failure to make payment of the penalty, or to appeal or contest the ticket within ten (10) days of the issuance of the ticket, shall result in the issuance of a written notice of violation. With the issuance of the written notice of violation, a fifteen dollar ($15.00) administrative fee shall be assessed to the basic Penalty amount. Failure to make payment of the basic penalty and administrative fees as assessed, or to contest the ticket within thirty (30) days of the issuance of the ticket, shall result in suspension of the vehicle registration and the assessment of an additional administrative fee of twenty dollars for a total administrative fee of thirty five dollars ($35.00) added to the original basic penalty amount. The time within which payment shall be made in this section shall be computed by excluding the day of issuance of the parking ticket and including the last day of the specified time period. For tickets issued by UW-Oshkosh authorized "traffic officers", the penalties are established by the University of Wisconsin -Oshkosh pursuant to the authority granted to the Board of Regents of the University of Wisconsin system under sections 20.285(1)(h), 36.11(8)(a) and 36.11(9)(b), Wis. Stats. and in turn granted by the Board of Regents to the chancellor. It is the intention of this ordinance to include by such reference all provisions in effect at the time of the adoption of this ordinance or future amendments, revisions or recodification effective upon adoption by the Board of Regents or the University of Wisconsin system. SECTION 27-55 TRAFFIC VIOLATIONS AND REGISTRATION PROGRAM In addition to all other methods of collecting parking fines provided for in this Section, the proper City officials are hereby authorized and directed to use the procedures provided for in Section 345.28 of the Wisconsin Statutes and to take all actions authorized under said Section with regard to suspension of the registration of motor vehicles with unpaid citations. SECTION 27-56 A i T-ER T A PROCEDURE FOR CONTESTING PARKING TICKETS in lieu of 44e for-egoing (A) Timing of Appeals. Administrative Appeals must be taken within 30 days of the date of issuance of the ticket. Appeals to the Circuit Court must be taken within 30 days of the date of issuance of the ticket, or within 10 days of an Administrative Appeal decision. Administrative Appeals. The City of Oshkosh elects not to be bound by the provisions of Chapter 68 of the Wisconsin Statutes pertaining to appeals under this Article and has adopted a Policy for Appeals from Parking Tickets. Such Policy shall be kept on file in the offices of the Police Department and Parking Utility and shall be published upon the City Website. A person who has been issued a parking ticket for violation of this article may appeal such ticket by completing an appeal form and submitting such form according to the Policy. Appeals to Circuit Court. In lieu of an Administrative Appeal, or after an Administrative Appeal has been denied, a person who has been issued a parking ticket for violation of this article may request a hearing regarding such violation. The person shall be issued a summons and citation and such proceedings shall thereafter be governed by §345.34 to 345.47 Wis. Stats. (D) Effect of Appeal/Payment Time Limits. 1. If an owner or operator of a vehicle receiving a parking ticket makes an appeal of the ticket, either administratively or to the circuit court, such appeal shall have the effect of staying the time limits within which payment shall be made as specified in section 27-54 above. 2. If upon appeal, the reviewing body determines the ticket is void, then all associated penalties and administrative charges shall also be voided and shall no longer be owed_ 3. If the appeal of the ticket is denied, payment of the penalty and all administrative fees that had accrued to the date of the appeal must be made within 10 days of issuance of the written notification of the denial. If payment is not made within 10 days of the date of written notification of the denial of the appeal, then the time limits specified within section 27-54 shall no longer be stayed and time shall be counted forward with the 111" day after the appeal being counted as the first additional day for purposes of the time limits set forth in section 27-54 above proceeding from the day the appeal was filed. ARTICLE VII. ENFORCEMENT OF PARKING RESTRICTIONS SECTION 27-52 ENFORCEMENT OF PARKING RESTRICTIONS A. Traffic officers observing violations of the parking restrictions specified within this chapter may issue parking tickets which shall be attached to the vehicle parked in violation. Each parking ticket shall specify: 1. The location of the vehicle parking in violation of the provisions of this chapter. 2. The license plate number, state of licensing, and make of the vehicle. 3. The time at which such vehicle is parking in violation of the provisions of this chapter. 4. Any other facts the traffic officer deem appropriate. B. Every time period that a vehicle remains in excess of the posted limit will constitute a new violation. In areas where the time limit is greater than 15 minutes and is less than one hour, regulated by parking meters or by sign, a separate violation occurs every hour that the vehicle remains in violation. C. Pay and Display Violation: Penalties for violations of pay and display stations owned by the University of Wisconsin -Oshkosh and installed on City streets are established by the University of Wisconsin -Oshkosh pursuant to the authority granted to the Board of Regents of the University of Wisconsin system under sections 20.285(1)(h), 36.11(8)(a) and 36.11(9)(b) Wis. Stats. and in turn granted by the Board of Regents to the chancellor. It is the intention of this ordinance to include by such reference all provisions in effect at the time of the adoption of this ordinance or future amendments, revisions or recodification effective upon adoption by the Board of Regents of the University of Wisconsin System. SECTION 27-53 BASIC PENALTIES FOR VIOLATIONS UPON ISSUANCE OF PARKING TICKET The basic penalty for violation of the listed parking violations shall be as follows: No parking 2 a.m. to 5 a.m............................. $15 Parked on private property ........................... $15 Prohibited parking (signed) .......................... $15 Overtime parking violation .......................... $15 Failure to properly display permit ................ $15 Fraudulent use of parking permit ................. $15 Disabled Parking Violation ......................... $150 Firelanes......................................................... $50 Other violations ............................................. $15 SECTION 27-54 PAYMENT OF PARKING VIOLATIONS; TIME LIMITS; FAILURE TO PAY PARKING TICKETS Each owner or operator shall pay to the City as a penalty the basic penalty established for the violation as enumerated in section 27-53. Failure to make payment of the penalty, or to appeal or contest the ticket within ten (10) days of the issuance of the ticket, shall result in the issuance of a written notice of violation. With the issuance of the written notice of violation, a fifteen dollar ($15.00) administrative fee shall be assessed to the basic penalty amount. Failure to make payment of the basic penalty and administrative fees as assessed, or to contest the ticket within thirty (30) days of the issuance of the ticket, shall result in suspension of the vehicle registration and the assessment of an additional administrative fee of twenty dollars for a total administrative fee of thirty five dollars ($35.00) added to the original basic penalty amount. The time within which payment shall be made in this section shall be computed by excluding the day of issuance of the parking ticket and including the last day of the specified time period. For tickets issued by UW-Oshkosh authorized "traffic officers", the penalties are established by the University of Wisconsin -Oshkosh pursuant to the authority granted to the Board of Regents of the University of Wisconsin system under sections 20.285(1)(h), 36.11(8)(a) and 36.11(9)(b), Wis. Stats. and in turn granted by the Board of Regents to the chancellor. It is the intention of this ordinance to include by such reference all provisions in effect at the time of the adoption of this ordinance or future amendments, revisions or recodification effective upon adoption by the Board of Regents or the University of Wisconsin system. SECTION 27-55 TRAFFIC VIOLATIONS AND REGISTRATION PROGRAM In addition to all other methods of collecting parking fines provided for in this Section, the proper City officials are hereby authorized and directed to use the procedures provided for in Section 345.28 of the Wisconsin Statutes and to take all actions authorized under said Section with regard to suspension of the registration of motor vehicles with unpaid citations. SECTION 27-56 PROCEDURE FOR CONTESTING PARKING TICKETS (A) Timing of Appeals. Administrative Appeals must be taken within 30 days of the date of issuance of the ticket. Appeals to the Circuit Court must be taken within 30 days of the date of issuance of the ticket, or within 10 days of an Administrative Appeal decision. (B) Administrative Appeals. The City of Oshkosh elects not to be bound by the provisions of Chapter 68 of the Wisconsin Statutes pertaining to appeals under this Article and has adopted a Policy for Appeals from Parking Tickets. Such Policy shall be kept on file in the offices of the Police Department and Parking Utility and shall be published upon the City Website. A person who has been issued a parking ticket for violation of this article may appeal such ticket by completing an appeal form and submitting such form according to the Policy. (C) Appeals to Circuit Court. In lieu of an Administrative Appeal, or after an Administrative Appeal has been denied, a person who has been issued a parking ticket for violation of this article may request a hearing regarding such violation. The person shall be issued a summons and citation and such proceedings shall thereafter be governed by §345.34 to 345.47 Wis. Stats. (D) Effect of Appeal/Payment Time Limits. 1. If an owner or operator of a vehicle receiving a parking ticket makes an appeal of the ticket, either administratively or to the circuit court, such appeal shall have the effect of staying the time limits within which payment shall be made as specified in section 27-54 above. 2. If upon appeal, the reviewing body determines the ticket is void, then all associated penalties and administrative charges shall also be voided and shall no longer be owed. 3. If the appeal of the ticket is denied, payment of the penalty and all administrative fees that had accrued to the date of the appeal must be made within 10 days of issuance of the written notification of the denial. If payment is not made within 10 days of the date of written notification of the denial of the appeal, then the time limits specified within section 27-54 shall no longer be stayed and time shall be counted forward with the 111n day after the appeal being counted as the first additional day for purposes of the time limits set forth in section 27-54 above proceeding from the day the appeal was filed. city of� Oshkosh CITY OF OSHKOSH PARKING TICKET APPEALS PROCESS The City of Oshkosh hereby establishes this policy for the review and appeal of parking tickets issued under the provisions of Chapter 27 of the City of Oshkosh Municipal Code. Applicability This policy shall apply to parking tickets issued by the City of Oshkosh, including without limitation the Oshkosh Police Department and Oshkosh Parks Department. Parking Tickets issued by the University of Wisconsin in relation to pay and display stations owned by the University shall be governed by University policies. Timing of Appeals Appeals must be received within 30 days of the date of issuance of the ticket. Appeals received after 30 days will be denied as untimely. Process for Appeals Persons wishing to appeal the issuance of a parking ticket under this policy must complete an appeal form. Appeal forms are available online at: • oshkoshpd.com>parking>parking ticket appeals 0 ci.oshkosh.wi.us>residents>overnight parking>parking ticket appeals Appeal forms are also available from the following: • kiosk located on the first floor of City Hall, 215 Church Avenue (during business hours, 8:00 a.m. to 4:30 p.m.) • For those with no email/access to a computer, paper forms will be made available at the Oshkosh Police Department, 420 Jackson Street or at the Parking Utility Division located on the first floor of City Hall, 215 Church Avenue. Appeals not submitted through electronic means (paper appeals) may be turned in to the Parking Utility Division on first floor of City Hall, mailed to the Parking Utility Division (appeals must be received by no later than 30 days from the date of issuance of the parkin ticket) icket) or deposited in the drop box located by the main entrance to City Hall, 215 Church Avenue. Appeals will be reviewed by a supervisor from the Department issuing the ticket. The reviewing supervisor shall provide a written response to the Parking Utility Division within 10 business days of the date the appeal is filed with the Parking Utility and the Parking Utility shall provide a copy of the written decision on appeal to the Appellant within 2 business days of receipt of the written decision. The written decision shall specify whether the appeal is granted or denied and shall include the specific reasons for the decision made. If the appeal is granted, the Parking Utility Division shall take appropriate steps to void the ticket and any administrative fees that may have been assessed. If the appeal is denied, the decision shall inform the appellant of their right to further review through the Circuit Court and the amount and due date for payment of the ticket and any administrative fees. Any Person whose appeal has been denied may request review through the Circuit Court. Persons wishing to have their ticket reviewed by the Circuit Court will be directed to the Oshkosh Police Department to be issued a municipal summons/citation for a court hearing. Issuance of a summons/citation may result in imposition of a forfeiture and court costs. The Parking Utility shall be informed of the issuance of a municipal summons/citation and shall administratively void the parking ticket upon order of the Circuit Court resolving the matter.