AGENDA #4L

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:      Revision to Fines for Parking Violations

 

DATE:                        October 10, 2005

 

 

The attached ordinance would amend Chapter 21 of the Town’s Code of Ordinances to increase penalties for particular violations of parking regulations of articles IV and V in Chapter 21 of the Town code.

 

BACKGROUND

 

In preparation for reviewing Town parking-related fees, the staff conducted an overall review of the parking violations and compared the current Town rates to those of the University of North Carolina.  A working paper was presented on April 27, 2005 (see Attachment 1).  Upon review of the “Ordinance Regulating Traffic and Parking on the Campus of The University of North Carolina at Chapel Hill,” we have determined comparable fees for violations and services. 

 

The majority of the rate change recommendations were included in the budget ordinance to adopt fees as a part of the budget adopted on June 27, 2005.  However the rates related to certain civil penalties were a part of a separate section of the Town Code of Ordinances.  That section of Code should have been updated at the same time the budget was passed, but was not due to an error. 

 

DISCUSSION

 

The attached changes in the Town Code of Ordinances would make the charges for civil parking violations consistent with those of the University.  Specifically, we propose the following changes:


 

Violation

Current Charge

Proposed Charge

Explanation

Estimated Annual Net Change in Revenue

Booting,

Section 21-36

$30

$55

The current fine does not serve as a deterrent for scofflaws.

$2,000

Continuing to remain in a space with an expired meter

Section 21-33

$0

$15

Currently, a violator receives only an initial fine  remaining in a space with an expired meter.  We believe that we should charge an additional citation for parking each two hours over the expired time.

$18,000

Handicapped violations

$100

$200

The current fine does not serve as a deterrent for scofflaws

$2,000

Basic Violation

Section 21, Articles IV and V

$40

$50

Example of basic violations from Articles IV and V of Chapter 21 of the Town Code include parking in bike lanes, parking on a sidewalk, and parking in bus stops.

$15,000

Maximum Fine Plus Penalty

Section 21-38

$20 over fine amount

$20 over fine amount

The total maximum would increase for fine plus penalty, but only because the basic fine increases.

$0

 

 

Although we neglected to update the section of the Town Code that includes these violations, we included a revenue budget that reflects those changes in the On-Street Parking budget.  If the Code changes were not made, we would anticipate that the transfer to the General Fund from the On-Street Parking Fund would be reduced by approximately $37,000.

 

RECOMMENDATION

 

That the Council adopt the attached ordinance changing the violation rates.

 

ATTACHMENT

 

1.      Memorandum of April 27, 2005 (p. 5).