01-024-O
ORDINANCE NO. __________

AN ORDINANCE PERTAINING TO PARKING METER VIOLATIONS; CHANGING THE PENALTIES FOR AGGRAVATED VIOLATIONS; AMENDING SECTIONS 33-46 AND 33-111 OF THE DULUTH CITY CODE, 1959, AS AMENDED.

BY COUNCILOR STOVER:

        The city of Duluth does ordain:

                Section 1.     That Section 33-46 of the Duluth City Code, 1959, as amended, be amended to read as follows:

Sec. 33-46. Penalties.

        (a)     Violations of the provisions of Articles VII and VIII of this Chapter shall be punished as set forth in this Section;
        (b)     Violations of the following Sections or subsections shall be punishable by a fine of not less than $10:
                (1)     Section 33-95, government area parking violations except meters;
                (2)     Section 33-97(a), no parking zone violations;
                (3)     Section 33-97.8, alternate side parking violations;
                (4)     Section 33-87(a), truck zone violations;
                (5)     Section 33-87(b), loading zone violations;
                (6)     Section 33-82(a)(1), parking on a sidewalk;
                (7)     Section 33-82(a)(2), parking in front of a driveway;
                (8)     Section 33-82(a)(3), parking within an intersection;
                (9)     Section 33-82(a)(5), parking on a crosswalk;
               (10)    Section 33-82(a)(6), parking within 20 feet of an intersection crosswalk;
               (11)    Section 33-82(a)(7), parking within 30 feet of a stop sign or traffic control device;
               (12)    Section 33-82(a)(8), parking within seven feet of an alley or driveway;
               (13)    Section 33-82(a)(9), parking within 50 feet of a railroad crossing;
               (14)    Section 33-82(a)(10), illegal parking near a fire station;
               (15)    Section 33-82(a)(11), illegal parking near street obstruction;
               (16)    Section 33-82(a)(12), double parking;
               (17)    Section 33-82(a)(13), parking on a bridge or in a tunnel;
               (18)    Section 33-82(a)(14), no stopping zones;
               (19)    Section 33-82(a)(15), parking on boulevards;
               (20)    Section 33-83, illegal alley parking;
               (21)    Section 33-85, 24 hour parking limit;
               (22)    Section 33-84, time limit parking;
               (23)    Section 33-93, facing wrong way;
               (24)    Section 33-93, parking parallel to curb;
               (25)    Section 33-90, parked with for sale sign;
               (26)    Section 33-92, failure to set parking brake or turn wheels to the curb;
               (27)    Section 33-94, angle parking violation;
               (28)    Sections 33-124 through 33-130, dealing with residential permit parking;
               (29)    Any other parking offense in violation of any section contained in Article VII of Chapter 33;
               (30)    Section 33-109, overtime parking at a parking meter;
               (31)    Section 33-106(a), improper parking at a single meter;
               (32)    Section 33-106(b), improper parking at a tandem meter;
        (c)     Violations of the following Sections or subsections shall be punishable by a fine of not less than $15:
                (1)     Section 33-82(a)(4), parking too close to a fire hydrant;
                (2)     Section 33-111(g), aggravated parking meter violation;
        (d)     Violations of the following Sections or subsections shall be punishable by a fine of not less than $20:
                (1)     Section 33-88, parking in a taxi stand;
                (2)     Section 33-82(a)(16), parking in a fire lane;
                (3)     Sections 33-97.1 through 33-97.7, snow emergency violations;
                (4)     Section 33-91, leaving keys in the ignition;
                (5)     Section 33-87(d), unattached semi trailer parked on street;
        (e)     Violations of the following sections or subsections shall be punishable by a fine of not less than $25:
                (1)     Section 33-88, parking in a bus stop;
        (f)     Violations of the following sections or subsections shall be punishable by a fine of not less than $40:
                (1)     Section 33-89, improper roadway clearance.

                Section 2.     That Section 33-111 of the Duluth City Code, 1959, as amended, be amended to read as follows:
Sec. 33-111. Prohibited acts.

        It shall be unlawful and a violation of the provisions of this Division for any person:
        (a)     To cause, allow, permit or suffer any vehicle registered in the name of or operated by such person to be parked overtime or beyond the period of legal parking time established for any metered parking space or to deposit in any meter any coin for the purpose of parking beyond the maximum legal parking time for the particular parking meter space;
        (b)     To permit any vehicle to remain or be placed in any parking space adjacent to any parking meter while such meter is displaying a signal indicating that the vehicle occupying such parking space has already been parked beyond the period prescribed for such parking space;
        (c)     To park any vehicle across any line or marking of a parking meter space or in such position that the vehicle shall not be entirely within the area designated by such lines or markings;
        (d)     To deface, injure, tamper with, open or wilfully break, destroy or impair the usefulness of any parking meter installed under the provisions of this Division;
        (e)     To deposit or cause to be deposited in any parking meter any slugs, device or metal substance or other substitute for lawful coins or tokens approved by written order of the chief of police;
        (f)      To fail to comply with any of the provisions of this Division;
        (g)     Any owner or operator of any vehicle who causes, allows or permits the vehicle to remain parked unlawfully at a parking meter for over two hours shall be guilty of an separate aggravated violation of this Division and shall be subject to double the fine for an ordinary violation punished as provided in Section 33-46 of this Chapter.

                Section 3.     That this ordinance shall take effect and be in force 30 days from and after its passage and publication.


STATEMENT OF PURPOSE:  This ordinance sets and increases the penalty for aggravated parking meter violations. In 1996, the parking meter ordinance was amended to provide for an aggravated violation which would double the parking meters fine. The provision was not widely enforced because it wasn't clear whether the aggravated violation was a separate and distinct violation or an enhanced penalty for the original violation. This amendment makes it clear the aggravated violation is a separate violation and sets a $15 penalty for the violation. The way this will work is that a meter monitor who comes upon a car with an expired meter will issue the vehicle a usual ticket, which is presently payable at $6. If, after two hours have passed since the first ticket was written, the car is still illegally parked in the same spot, a second ticket will be written for the separate aggravated violation with a stated fine of $15. The owner of the vehicle will have to pay both tickets for a total of $21.