HomeMy WebLinkAbout#04 - Winter Parking OrdinanceSTAFF REPORT
DATE: February 5, 2019
CONSENT
AGENDA ITEM: Fee for Violating Winter Parking Ordinance
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND:
On October 3, 2017 the city council adopted ordinance 08-189, establishing winter parking regulations such
as no parking on city streets from 2am to 7am, November 1 to March 31 or any time there is more than 2
inches of snow accumulated on the road. As discussed at the time, staff mainly gave out warnings to
violators since this was a new ordinance and folks may need time to adapt. However, after more than a
year of warnings we are finding that people are still not abiding by the ordinance. This has resulted in snow
plow operators having to back up when they cannot get through a street with cars parked on it. At times
then public works has to come back a second time in order to clear the road of snow.
ISSUE BEFORE COUNCIL:
What fee should council set for violating the winter parking ordinance?
PROPOSAL:
Currently, a violation of the ordinance falls under sec. 10.99 of the city code which would result in people
having to attend court and getting charged with a misdemeanor. The city prosecutor is recommending we
change it to a petty misdemeanor and set a fee for violation. City Attorney Sonsalla drafted the ordinance
in your packet. After review of other communities’ fee for winter parking violations, staff is recommending
adoption of a $45 fine. If this fee had been in place at the start of the 2018/2019 season, an estimated 50
tickets would have been processed.
FISCAL IMPACT:
TBD
OPTIONS:
1) Adopt Ordinance No. 08-221
2) Amend and then Adopt Ordinance No 08-221
3) Do not adopt a different provision for violation of the winter parking ordinance
RECOMMENDATION:
“Motion to approve Ordinance No. 08-221”
ATTACHMENTS:
• Ordinance No 08-221
552977v1 SJS LA515-4
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-221
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
AMENDING CHAPTER 72 REGARDING WINTER PARKING AND AMENDING THE
CITY’S 2019 FEE SCHEDULE
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title VII, Chapter 72,
Parking Regulations, Section 72.03 by adding the underlined language as follows:
§ 72.03 WINTER PARKING.
(A) It shall be unlawful for any person to stop, stand or park any vehicle or trailer or
permit the same to stand on or any street or alley within the city between the hours of 2:00 a.m.
and 7:00 a.m. from November 1 until March 31 of the following year.
(B) Parking is also restricted at any time that snow accumulation equals or exceeds 2”
or more until the street is cleared of snow.
(C) The winter parking ordinance does not apply to private streets (marked with a blue
street sign), only to public roadways.
(D) Violation of this Section of the City Code shall constitute a petty misdemeanor and
shall be punishable by payment of a fine as set forth in the City’s fee schedule.
SECTION 2. The City Council of the City of Lake Elmo hereby amends the City’s 2019 Fee
Schedule to include the following fee:
APPLICATION/FEE/PERMIT TYPE 2019 FEE
Fine for Violation of Winter Parking Regulations $45.00
SECTION 3. Effective Date. This ordinance shall become effective immediately upon adoption
and publication in the official newspaper of the City of Lake Elmo.
552977v1 SJS LA515-4
SECTION 4. Adoption Date. This Ordinance 08-___ was adopted on this ______ day of ___
2019, by a vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
_________________________________
Mike Pearson, Mayor
ATTEST:
_________________________________
Julie Johnson, City Clerk
This Ordinance 08-____ was published on the ___ day of _________________, 2019.