2006-06 AMENDING CITY CODE - CHAPTER 34 - TRAFFIC

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J � � LEGAL DEPARTMENT MEMORANDUM NO. 2006-01 January 31, 2006 TO: Honorable Mayor Osborne and City Council FROM: Steve Garm ty Manager Wendy Mo a , Corporation Counsel �� Todd A. Walke , Deputy Chief of Police� Amy Waks, Assistant Corporation Counsel� SUBJECT: Amendment to Chapter 34 —Traffic SUMMARY RECOMMENDATION: Staff requests that Council pass the proposed ordinance amendment regarding Chapter 34, Section 28 allowing Police Officers the authority to issue parking citations for handicap parking violations in regards to motor vehicles observed or discovered to block ingress to or egress from a properly posted/established handicapped parking space on public right-of-way or private property. Further, staff recommends approval of a proposed change to Chapter 34, Section 75. BACKGROUND: The Decatur Police Department often encounters unauthorized motor vehicles parked in designated/established handicapped parking spaces. Occasionally, officers will be notified or discover proactively a motor vehicle that may not physically be parked within the confined markings of an established handicapped parking allotment, but is parked in such a manner to prevent free flowing ingress to or egress from the handicapped parking space by a motorisUcitizen who is authorized and has a legitimate need to park in such a space. The only action an officer can take with a motor vehicle parked in the described manner under the current ordinance language is issuance of a standard parking citation for improper parking which imposes a suggested fine of $10.00 (ten dollars). City legal staff indicates that the issuance of a citation for standard improper parking in this particular situation may not necessarily be the appropriate charge to cite, yet no other current ordinance is applicable. A standard parking citation with minimal fines associated also serves as a weak deterrent from further infraction. Further, this ordinance will amend erroneous language from the City Code Chapter. RECOMMENDATION: In order for the Decatur Police Department to have the authority to cite appropriately, and with increased fine severity for an unauthorized motor vehicle that blocks/hinders ingress to and egress from a handicapped parking space on public right-of-way or private property, staff recommends the suggested language amendment to Chapter 34, Section 28, which affords the Decatur Police Department the ability to cite such a motor vehicle in the same manner as an unauthorized motor vehicle actually illegally parked within the confined markings of handicapped parking spaces. By amending the ordinance and adding language that specifically prohibits any motor vehicle from being parked in such a manner that blocks entry to or exit from a properly designated handicapped parking space, officers can levy a more decisive parking citation that imposes and $250.00 (two hundred fifty dollar) sanction and hopefully serve as a more significant deterrent for future infractions. POTENTIAL OBJECTIONS: There are no known or expected objections.