HomeMy WebLinkAbout2017-01-16-J05 Parking Ordinance, Handicapped Parking Fines_INTRO, 1ST READ AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: January 16, 2017
AGENDA ITEM: Consideration of approval of an ordinance to amend Chapter 502,
Parking Regulations of the City of Waukee, Iowa, by amending Section
502.29, Penalty, regarding penalties [introduction; first reading]
FORMAT: Ordinance
SYNOPSIS INCLUDING PRO & CON: The State of Iowa increased the fine for illegal
parking in a handicapped space to $200.00; the City ordinance mandates
a maximum fine of $100.00 and must be updated to correspond with
State regulations.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: For existing handicapped space signage that notes a
$100.00 fine, the police department will charge that fine. Signage that
does not note a specific fine will be charged at the State-mandated level.
RECOMMENDATION: Introduce the ordinance and approve the first reading in title only.
ATTACHMENTS: I. Proposed Ordinance
PREPARED BY: Becky Schuett
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
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ORDINANCE NO. ____
AN ORDINANCE TO AMEND CHAPTER 502.29, WAUKEE MUNICIPAL CODE,
REGARDING PENALTIES
WHEREAS, the fine for Handicap Parking violations is a scheduled fine established by
Iowa Code in section 321L.4(2); AND
WHEREAS, Waukee Municipal Code 502.14(d) correctly incorporates and establishes the
fine for Handicap Parking violations at the scheduled fine established in the Iowa Code; and
WHEREAS, Waukee Municipal Code 502.29(c) conflicted with the fine established in
State Code as already incorporated under Waukee Municipal Code 502.14(d) and should therefore
be corrected to eliminate the conflicting provision.
BE IT THEREFORE ORDAINED by the City Council of the City of Waukee:
Section 1: Chapter 502.29, Waukee Municipal Code, should be and the same is hereby
repealed and enacted in lieu thereof is as follows:
§502.29 Penalty. The standard penalty for violation of any part of this Chapter of
sections thereof, shall be as follows:
A. In the event a violation of this Chapter constitutes a violation charged,
admitted and collected pursuant to a simple notice of fine as established in
section 502.28, the fine shall be as follows:
1. For each violation of this Chapter, excluding a scheduled violation that is
subject to a fine as per State Code, the fine shall be ten dollars ($10.00).
2. For a violation of the provisions of §502.17, Prohibited Parking During
Snow Emergency, the fine shall be twenty-five dollars ($25.00).
3. In the event the penalty as set forth in this subsection in not paid within
thirty (30) days from the date of issuance of an illegal parking citation-
complaint and the defendant has failed to appear to contest the citation-
complaint, the penalty shall automatically increase to five dollars ($5.00)
more than the fine for the initial violation in accordance with Sec.
805.8A(1)(a) Code of Iowa.
Section 2. Repealer. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
Section 3. Severability Clause. If any section, provision or part of this ordinance shall
be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the
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ordinance as a whole or any section, provisions or part thereof not adjudged invalid or
unconstitutional.
Section 4. Effective Date. This ordinance shall be in effect from and after its final
passage, approval and publication as provided by law.
Passed by the Council the _____ day of _____________________ 2017, and approved this
_____ day of _____________________ 2017.
William F. Peard, Mayor
Attest:
Rebecca D. Schuett, City Clerk