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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:   1 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City Council of the City of Waukee: Section 1: Chapter 502.29, Waukee Municipal Code, should be and the same is hereby repealed and enacted in lieu thereof is as follows: §502.29 Penalty.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 2 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