Agenda - Council Work Session - 10/13/2009

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I --- CITY COUNCIL WORK SESSION Topic Report: Administrative Fines By: James Way Police Chief Background: At the request of council, staff was asked to gather information outlining administrative fines for minor traffic violations and City Code violations. At two Council Work Sessions in 2007, council members were given information on administrative fines. After much discussion it was decided to go forward with administrative citations for a selected number of City Code violations. Council asked that the topic of administrative fines be brought back for discussion at a later date and an update be given on the status of the program. The 2008 Legislature again looked at the use of administrative citations and a bill was introduced giving cities the express authority to use them. The bill did not pass but many cities continued to use the administrative citations, with some using them for selected traffic regulations. The City is currently using, and will continue to use, administrative citations for the following local ordinances: public nuisance, animal complaints, dumping complaints, parking violations, recreational vehicle violations, construction hours and signage violations. In 2009, the Legislature passed a bill allowing local governments to. enforce low-level traffic offenses with administrative citations. The new law allows for citations to be issued for a very limited number of moving violations including; . · speed (up to 10 mph in excess of the posted limit) . "stop line" violations · hitching a toboggan, hand sled, bicycle, or other similar device onto any motor vehicle while being used on a street · driving vehicles in an unsafe condition as to endanger any person · wearing headphones or earphones that are used in both ears while driving . texting while driving · failing to use lights while driving at night or bad weather . having broken taillbrake lights . failing to use a red flag on a projecting load . failing to use a slow moving vehicle sign . having loud mufflers and exhaust systems not in good working order · having cracked or obstructed windshields . using unsafe or unauthorized metal studded tires It should be noted that only six (6) citations have been issued by the department for any of the above listed violations in the past year. The offenses that the legislature is allowing administrative citations be issued for are traffic offenses where citations are not commonly issued. The offenses are the type that would normally result in a verbal warning or a repair order being issued.