07-069-O                                                          REPLACEMENT

ORDINANCE NO. __________


AN ORDINANCE AMENDING SECTION 2-18.2 OF THE DULUTH CITY CODE, 1959, AS AMENDED; PERTAINING TO PRE-CHARGE DEFERRAL.

BY COUNCILOR LITTLE:

The city of Duluth does ordain:

     Section 1.  That Section 2-18.2 of the Duluth City Code, 1959, as amended, be amended to read as follows:

Sec. 2-18.2.     Deferral authorized; fees and administrative charges.

     Subject to management and supervision, and applicable laws and standards, city officials and agents who enforce laws and regulations are authorized to utilize a procedure of pre-charge deferral and administrative fees and charges for any violation of the City Code, but only in compliance with state and federal civil rights laws and the city’s anti-discrimination policy, in instances where the circumstances indicate that justice and compliance can better be attained by deferral than by issuing a criminal charge. The administration is authorized to set standards and procedures for the use of pre-charge deferral and administrative fees and charges. Any pre-charge deferral program must be voluntary. In the case of parking violations, the administrative penalty charge can be assessed and, in addition, the vehicle can be detained or removed, and the offender is not required to participate in a deferral program. The city is authorized to charge each participant a reasonable administrative fee for participation, the amount of the fee to be set by resolution of the city council. The city’s human rights officer shall monitor the program for compliance with civil rights standards.

     Section 2.  That this ordinance shall take effect 30 days after its passage and publication.


STATEMENT OF PURPOSE:  This amendment clarifies the authorization of charging fees and makes it easier to implement a new parking violation program similar to the one used in Minneapolis for several years. There is no substantive change to the ordinance. The violation would not be criminal, and all the money collected will come to the city.