Agenda - View Meetings (All) (9752465300)

9.A.

City Council Meeting - FINAL

Meeting Date:

04/02/2024

From:

Anja Wendel, Senior Assistant City Attorney AW

TITLE:

Parking District Enforcement Update and Consideration and Adoption of Resolution No. 2024-10 and Ordinance No. 2024-06: A Resolution of the Flagstaff City Council declaring as a public record that certain document filed with the City Clerk and entitled "2024 Parking Code Amendments"; and, an Ordinance of the Flagstaff City Council, amending the Flagstaff City Code, Title 9 Traffic, Chapter 9-01 Traffic Code, by adopting by reference that certain document entitled "2024 Parking Code Amendments"; providing for repeal of conflicting ordinances, severability, and establishing an effective date.

STAFF RECOMMENDED ACTION:

Adopt Resolution No. 2024-10
Read Ordinance No. 2024-06 by title only for the final time
City Clerk reads Ordinance No.2024-06 by title only (if approved above)
Adopt Ordinance No. 2024-06

Executive Summary:

ParkFlag will provide a Parking District Enforcement Update. ParkFlag is intending to start implementing existing City Code parking enforcement procedures that allow for immobilization and impoundment of vehicles where the registered owner of the vehicle has received three (3) or more judgments for parking tickets and the parking tickets remain unpaid after notice and opportunity to pay or contest placement on the immobilization and impoundment list.

The City Council is being asked to consider adoption of minor amendments to the City Code to clarify parking enforcement procedures. The primary changes are the following:

Clarifies that ParkFlag will need to file notices of violation with the Flagstaff Municipal Court on the 16th day after issuance (per state law, A.R.S. Section 28-1592, these should be filed within 60 days, but the shorter time frame allows for the Court to process parking citations and notices of violation in the same manner).
Clarifies that when the Police Department issues a parking citation, it must be immediately filed with the Court (per state law, A.R.S. Section 28-1593, these should be filed within 10 days). This is an existing practice.
Clarifies that Flagstaff Municipal Court will enter default judgments within 30 days, if parking notices/citations are not timely paid or contested.
Clarifies that a vehicle owner is entitled to a post-impoundment hearing if the vehicle was towed without first having been placed on the immobilization and impoundment list.
Adds that the Flagstaff Municipal Court may send unpaid judgments to a collections agency.

Financial Impact:

ParkFlag anticipates that when it starts using vehicle immobilization and impoundment to enforce collection of unpaid parking tickets, that current repeat parking offenders will start paying parking tickets. ParkFlag does not receive revenues paid to the Flagstaff Municipal Court, but this is anticipated to result in increased revenues to the City and the State.

Policy Impact:

These updates will revise ParkFlag's citation processing policy, providing guidance on the timing for entering citations into the court, and demonstrating the capability to implement an immobilization list for future scofflaws. As ParkFlag did not boot and tow previously there has been a decrease in compliance with some downtown users. Updating the code and utilizing enforcement authority will assist with behavior change and ensure compliance.

Connection to PBB, Carbon Neutrality Plan, 10-Year Housing Plan & Regional Plan:

Priority Based Budget Key Community Priorities and Objectives

Maintain the organization’s fiscal stability through strong financial policies and best practices.
Achieve a well-maintained community through comprehensive and equitable code compliance and development

Carbon Neutrality Plan

DD-4 Transform transportation policies and planning to incorporate greenhouse gas emissions analysis and reduce dependence on driving.

Regional Plan

Policy LU.1.1. Plan for and support reinvestment within the existing city centers and neighborhoods for increased employment and quality of life.
Policy E.1.5. Promote and encourage the expansion and use of energy-efficient modes of transportation:
a. Public transportation
b. Bicycles
c. Pedestrians

To the extent that charging for downtown parking encourages people to walk or bicycle downtown versus driving, the downtown parking program helps achieve DD-4 and Policy E.1.5. listed above.

Has There Been Previous Council Decision on This:

Yes. The City Council adopted the current Parking Code and it has been in effect for many years.

Attachments

Presentation

Res. 2024-10

2024 Parking Code Amendments

Ord. 2024-06