HomeMy WebLinkAbout2015-0602 Document added at Mtg
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11.28 TO AUTHORIZE
CITY COUNCIL TO ESTABLISH PRESUMPTIVE PARKING
VIOLATION FINES BY RESOLUTION
Annotated to show d°'is and additions to the code sections being modified. Deletions are
bold lined throu b and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, penalties for certain cumulative violations of parking-related regulations exist in
multiple chapters of the Ashland Municipal Code.
WHEREAS, the amounts of fines for one-time parking violations are not mentioned in the
Ashland Municipal Code.
WHEREAS, the City Council has the authority to determine the amount of a presumptive fine
for each type of parking violation and can exercise that authority in an expeditious manner by
resolution.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 11.28 Restricted Parking Areas, Section 11.28.080 is hereby amended to
read as follows:
Section 11.28.080 Parking Violation Prohibition
A parking violation is a violation of any parking prohibition, limitation or regulation of the City
of Ashland. A vehicle parked in violation of this chapter or Chanter 11.24 shall have a notice of
violation attached to the vehicle= and the owner or operator of the vehicle shall be subject to the
fines and other penalties and surcharges provided in Section 1 .nr ~0 11.24.100 and this
chapter, and may be subject to the impounding of such vehicle as provided in Chapter 11.36. A
person who commits a parking violation may not suffer any disability or legal disadvantage
based upon conviction of a crime.
Ordinance No. Page 1 of 4
SECTION 2. Chapter 11.28 Restricted Parking Areas, Section 11.28.110 Penalties for Parking
Violations; Immobilization, Towing, Show Cause and Warrants is hereby amended to read as
follows:
Section 11.28.110 Penalties for parking violations73 immobilization, towing, show cause
and warrants:
A. Fines
Presumptive fines for parking violations shall be established by resolution of the
City Council
A.. Separate from and in addition to other penalties or charges provided
herein, a presumptive fine is the fine amount imposed against a person
who pleads no contest to or is otherwise found guilty of a violation.
Fines shall include the original ticketed amount as well as any enhanced penalties
and surcharges, including those set forth in Section 11.24.100 and Section
11.28.120. In addition, a person who commits three or four parking violations in any
calendar year shall pay an additional fine of $25, and a person who commits five or
more parking violations in any calendar year shall pay an additional fine of $50 for
each parking violation they receive in that year.
Multiple Violation Penalties*
i Number of violations Additional Penalty
3 violations $25.00
4 violations in one calendar year $25.00
5 or more violations in one calendar year $50.00 for each violation
*This table does not include the presumptive fines, enhanced penalties, surcharges, or other fees
authorized under this chapter.
B. Immobilizer (boot) Installation and /or Towing.
(1) When a driver, registered owner, or person in charge of a motor vehicle has either (1)
five or more outstanding unpaid City of Ashland parking violations on any number of
motor vehicles, or (2) a City of Ashland parking violation, or any number of such
violations, with a total unpaid balance that exceeds $250, regardless of the number of
motor vehicles involved, then any police or parking enforcement officer, or
contracted parking enforcement provider of the City is authorized, directed and
empowered to immobilize such a motor vehicle or vehicles found upon a public street
or city off-street parking lot by installing on or attaching to the motor vehicle a device
designed to restrict the normal movement of the vehicle. In the alternative, or in
addition to immobilization, after 24 hours has elapsed, any police or parking
enforcement officer or contracted parking enforcement provider of the City is
authorized, directed and empowered to order such vehicle towed, by a licensed tow
company under contract with the City or the City' s contracted parking enforcement
service provider, as applicable.
Ordinance No. Page 2 of 4
(2) For purposes of this section, bail or fine shall be outstanding on a citation when the
citation is issued and shall remain outstanding until the bail is posted or the fine is
paid.
(3) Ten days before immobilizing or towing a vehicle according to the provisions of this
section, the City, or the City' s contracted parking enforcement service provider shall
place a notice on the vehicle or mail a notice by certified mail, return receipt
requested, to the registered owner of such vehicle as shown by the records of the
Oregon Motor Vehicles Division notifying the owner that the motor vehicle or
vehicles may be immobilized and/or towed ten days after the date of mailing the
notice herein for failure to pay outstanding parking bail or fines.
(4) If the vehicle is so immobilized, the person who installs or attaches the device shall
conspicuously affix to the vehicle a written notice on a form approved by the city,
advising the owner, driver, or person in charge of the vehicle that it has been
immobilized pursuant to this section and that release of the vehicle may be obtained
upon full payment of the outstanding balance owed to the contracted parking
enforcement service provider. The notice shall also specify that the vehicle is subject
to tow.
(5) In the event the vehicle is towed, the person who orders the tow, shall send by
certified mail, return receipt requested, a notice advising the registered owner of the
vehicle that it has been towed pursuant to this section and that release of the vehicle
may be obtained upon receipt by the towing company of full payment of the
outstanding balance owed.
(6) A vehicle towed and impounded pursuant to this section shall be held at the expense
of the owner or person entitled to possession of the vehicle. Personnel, equipment and
facilities of private tow companies under contract with the City or the contracted
parking enforcement service provider may be used for the removal and storage of the
vehicle.
C. Warning Letter, Show Cause, and Warrants.
(1) Warning Letter. The Ashland Municipal Court may choose to send a warning letter by
first class mail informing the defendant they have outstanding parking tickets and that
their attendance is necessary at a preliminary hearing before issuing a show cause
order and warrant.
(2) Show Cause. The Ashland Municipal Court may issue an order that requires the
defendant to appear and show cause why the defendant should not be held in
contempt of court, including contempt for failure to appear as ordered or failure to
comply. The show cause order shall be mailed to the defendant by certified mail,
return receipt requested, no less than ten days prior to the appearance date;
alternatively service may be made by any other recognized method, such as personal
service according to the same timeframe.
(3) Warrant. If the defendant is served and fails to appear at the time specified in the
show cause order, the court may issue an arrest warrant for the defendant for the
purpose of bringing the defendant before the court.
SECTION 3. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence
at the time any criminal or civil enforcement actions were commenced, shall remain valid and in
full force and effect for purposes of all cases filed or commenced during the times said
Ordinance No. Page 3 of 4
ordinances(s) or portions thereof were operative. This section simply clarifies the existing
situation that nothing in this Ordinance affects the validity of prosecutions commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code,
and the word "ordinance" may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered or re-lettered, provided however, that any
Whereas clauses and boilerplate provisions, i.e., Sections 3-5 need not be codified, and the City
Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 12015,
and duly PASSED and ADOPTED this day of 12015.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of , 2015.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Ordinance No. Page 4 of 4