Memorandum
To: David Corliss, Assistant City Manager
From: R. Scott Wagner, Legal Assistant
Date: August 16, 2004
Re: 48 hr. Time Limit: Parking on City Streets
In response to a citizen inquiry regarding code provisions and enforcement of ordinances prohibiting the long-term parking of vehicles on City streets and rights-of-way, the below (also attached in their entirety) Lawrence City Code provisions are applicable.
17-202 Generally prohibits the parking of any vehicle on a City street for more than 48 consecutive hours. If vehicles are not removed from City streets after such time, a notice to tow may be affixed to the vehicle providing the owner with 48 hours notice that the car will be removed and providing an opportunity for a hearing.
17-411 Prohibits the storing, parking, etc. of any vehicle on any public street for more than 48 continuous hours.
Section 93 - Standard Traffic Ordinance (STO). Prohibits the parking or storage of disabled vehicles on streets, and provides that after 48 hours, the City may remove and impound the vehicle.
From January 1, 2003 to the end of July 2004, 487 citations were issued under code section 17-411. During the same time period, 177 citations were issued under Section 93 of the STO.
The police department has provided the following information regarding enforcement of these provisions.
Enforcement
The police department responds to citizen complaints after receiving a call, dispatch initiates a call for service in the non-emergency mode. When an officer is available, a unit is dispatched to the scene. At that point if there is credible and articulable evidence that the vehicle has been parked for over 48 hours (webs on tires, litter collected under the car, eyewitness accounts, etc.) a sticker can be placed on the vehicle notifying the owner of the intent to enforce the ordinance. 48 hours later if the vehicle has not been moved it can be towed by the city contract tow company.
If the evidence is lacking, the officer will generally mark a tire and clear the call, to return in 48 hours to affix the sticker and begin as above.
Enforcement problems sometimes occur with officers going on days off and perhaps not getting back immediately at 48 hours, causing concern on the part of the complainant. Owners moving the vehicle a few inches or wiping off the chalk mark (thus making the case that the vehicle has not been continuously parked in the same location) hinder effective enforcement. On occasion, owners ask for a hearing and then it sometimes becomes a problem with notification of all officers that the particular vehicle must not be towed.
Ordinances from other communities
Many cities from our surrounding area have ordinances similar to the City of Lawrence. The below chart summarizes those code provisions.
|
City |
Code Provisions |
|
Columbia, MO |
Section 14-546 of the City Code prohibits parking, storing, standing of any vehicle upon any City street for more than 24 hours. Section 14-548 allows for impounding after 24 hours of illegally parked vehicles. No additional notice requirement provided. |
|
Kansas City, MO |
Section 70-521 of the City Code prohibits the parking of vehicles on City streets when it is practicable to park off the roadway. |
|
Leavenworth, KS |
Section 110-77 of the City Code prohibits parking, storing, standing of any vehicle upon any City street for more than 24 hours. Notice, or attempted notice must be provided prior to tow. No additional notice time requirement stated. |
|
Leawood, KS |
Section 14-310 of the City Code prohibits parking on City streets for more than 24 hours. Vehicles parked longer than this may be impounded. No notice requirement in the ordinance. |
|
Manhattan, KS |
Section 31-37 of the City Code prohibits parking on City streets for more than 48 hours. Section 31-34 of the Code contains some comprehensive notification procedures in the event of impoundment. Section 31-3126 contains a list of presumptions for assuming a vehicle has been abandoned. |
|
Olathe, KS |
Section 10.12.060 of the City Code prohibits parking on City streets for more than 48 hours. |
|
Pittsburg, KS |
Have amended Section 93 of the STO to also include the area between the curbline and the property line or the sidewalk. 48 hour time limit remains the same. |
|
Topeka, KS |
Section 142-101 of the City Code allows for the impoundment of vehicles when left (1) unattended (2) disabled (3) when owner is taken into custody (4) when found in an inoperable condition upon city streets (5) when a vehicle is suspected of being stolen No notice requirements are provided in the ordinance. Section 142-102 allows for impoundment when finding a vehicle with two or more outstanding traffic summonses in which the owner has failed to appear. Section 142-103 allows for immobilization of a vehicle (booting) upon finding a vehicle with two or more summonses in which the owner has failed to appear and attachment of notice. |
|
Wichita, KS |
Section 11.97.010 of the City allows for impoundment upon a long list of circumstances, including being left of City streets for more than 48 hours. Also includes…"The provisions of this section may not be defeated by a mere location change of any offending vehicle on the same side of the street within the same block". 48 notice requirement before tow. |
Recommendation
The Police Department has recommended a language change, similar to that found in Wichita's code, to Section 17-411 of the Lawrence code. Ordinance 7819, amends this code section. The City of Wichita faced similar enforcement issues as described above by the Lawrence Police Department. Since amending their ordinance, Wichita reports enforcement hurdles have been largely overcome. Staff recommends adoption of Ordinance No. 7819.
City of Lawrence Code Provisions
17-202 SAME; PARKED VEHICLES.
(A) Except for vehicles parked in compliance with Section 17-411, any vehicle parked for more than forty-eight (48) consecutive hours on a public street or parking lot in the City, and not included within the provisions of 17-201(A) may be removed and towed and stored in a public garage or other designated depository only after the owner or authorized operator has been given forty-eight (48) hours prior notice and an opportunity for hearing. If the owner or authorized operator requests a hearing within the forty-eight (48) hour notice period, impoundment is prohibited pending an order of the court.
(B) Such notice shall be placed on a conspicuous spot on the vehicle in question and shall include:
(1) A declaration of the intent to impound;
(2) The basis for impoundment;
(3) The right to defer impoundment by request for a hearing; and
(4) The right to post bond for release of the vehicle.
(Ord. 5057, Sec. 1; Ord. 5434, Sec. 2)
17-411 PARKING MORE THAN 48-HOURS.
It shall be unlawful for any person to park, or permit the parking, storing or standing of any motor vehicle upon any public street or parking in the City for any continuous period of more than forty-eight (48) hours. (Ord. 5434, Sec. 2; Code 1983; Ord. 5963)
Section 93 – Standard Traffic Ordinance – Parking Disabled and Other Vehicles.
(a) No person shall park or store any farm machinery, trailer or semitrailer of any kind, or parts of the same, or any dead, damaged or disabled motor vehicle or farm machinery, trailer or semitrailer of any kind, in the roadway of any highway, or between the property line or sidewalk and curb line of any street.
(b) A person shall not use the public highway to abandon vehicles or use the highway to leave vehicles unattended in such a manner as to interfere with public highway operations. When a person leaves a motor vehicle on a public highway or other property open to use by the public, the city having jurisdiction of such highway or other property open to use by the public, after 48 hours or when the motor vehicle interferes with public highway operations, may remove and impound the motor vehicle (K.S.A. 8-1102).