Loading...
Memo-Report on Administrative Citation Research -,' ~~ ~\.j;' '" / -1-4.' 'f ADMINISTRATIVE SERVICES DEPARTMENT . MEMORANDUM To: Steve Mielke, City Manager FROM: Steve Stahmer, Assistant to the City Manager ~5 DATE: September 2, 2003 SUBJECT: Report on Administrative Citation Research As requested, I have been researching the possibility of using the administrative citation process for certain parking and other violations in the City of Hopkins. I have contacted two metro cities which currently employ the process for parking and traffic related violations (Columbia Heights and Plymouth) and I have also gathered information on how the process works in a third city (White Bear Lake). The following report summarizes that information. Administrative Citation Process in Metro Cities Columbia Heights Process Source: Tom Johnson - Columbia Heights Chief of Police Columbia Heights was partially prompted to begin issuing parking tickets because of the large number of parking citations that were being written - the court system complained of the large number of tickets they were processing. . Police Chief Tom Johnson estimates that they receive approximately $2000 more in revenue each month due to this administrative citation process (is this just on speeding or on parking and speeding, etc.). Columbia Heights Administrative Penalties: Overtime Parking in Public Areas or Private Lots: $25 Illegal Parking (loading zone, etc.): $25 Illegal Handicapped Parking: $100 Expired Plates: $25 Speeding 1-15 mph Over: $35 Failure to Yield: $30 (see attached Columbia Heights Resolution No. 2003-06 for other violations/penalties) Processing the Citations. Copies of each citation are distributed to the Finance department and to the Records department. When Finance receives payment, a receipt is generated and the citation, or "tag," is returned to the issuing department. If an administrative citation is not paid within 30 days, the City of Columbia Heights then issues an Anoka County Citation. White Bear Lake Process The White Bear Lake administrative citation process is in many respects similar to that in Columbia Heights. White Bear Lake also clearly reserves the ability to issue a criminal charge rather than an administrative.citation when appropriate. In addition, the process is considered bo r~ ?'. ";- . . . .'[ be voluntary on the part of those charged with administrative citations. Those charged may voluntarily withdraw from the administrative citation process, at which time a criminal charge may be filed in accordance with the law. A goal of the process in White Bear Lake was to provide officers with an alternative to traditional criminal charges for certain offenses. Officers are able to issue administrative citations for speeding violations of 10 mph and under. White Bear Lake has also instituted a hearing process which involves a retired court clerk acting as the official hearing officer. Cases are rarely referred to the hearing officer, as most are paid in a timely manner. Plymouth The City of Plymouth is currently researching the possibility of expanding the administrative citation process to include traffic and parking violations. A memo detailing the working results of that discussion is attached. Issues addressed by the memo include . A discussion of fine revenue allocation between municipalities and counties. . The fact that no clear statutory authority exists for cities to enforce such violations administratively. . Processes in other cities. Potential Benefits of Administrative Citation Process for Parkin!!. Etc. . Provides an alternative tool to be used by officers in enforcing traffic and other violations. . Increased retention of fine revenue by the City. . Decreased workload for overburdened Hennepin County Court system. . "Decriminalization" of minor City code violations. Potential Drawbacks of Administrative Citation Process for Parkin!!. Etc. . May lead to increased administrative workload within the City, and thereby possibly cutting into any increased revenues. . No specific statutory authority exists for cities to impose administrative fines with regard to traffic violations and other City code violation (with the exception of liquor and tobacco related violations); Although there is no specific prohibition against doing so. For this and other reasons, it is advisable that the City's use of the administrative citation process be limited to violations that are not duplicative of state statute (overtime parking, etc.) . If challenged, administrative citations would need to proceed to either a hearing officer or to the County Court System. Administrative Citation Process in Hopkins Current Use of Administrative Citations in Hopkins Currently, the City of Hopkins uses the administrative citation process primarily for dealing with property-related City code violations. When citations go unpaid, property owners can be assessed the amount of the violation (plus any additional penalty), thereby improving the ability to enforce the fines. While parking violations could not effectively be enforced through property tax assessment, other options are available. For instance, if a violator were to fail to pay within f.1 \'.,' 'r ;: < i ,t . the allotted timeframe, the administrative citation could be voided and a traditional criminal charge can be filed. In many cities which use administrative citations, criminal fines would exceed the administrative fine as originally issued. Revenue Estimate for Hopkins - Use of Administrative Citations for Parking-Related Fines The fine for parking violations has recently increased to $33 due to the $3 surcharge added to all parking tickets by the State legislature in 2003. Under the current system of In 2002, 760 parking tickets were written in Hopkins (including overtime parking, no parking, fire lane violations, handicapped parking violations, etc.). From January I through July 30,2003, 1141 parking tickets (163 per month) have been written in Hopkins. Base on 1141 tickets issued through July, the total number of parking tickets for 2003 can be projected at 1956. The City currently receives $24 out of the average $30 parking violation (now $33 with the addition of the state surcharge). If approximately 1956 tickets are issued in 2003, and ifthe City were to retain the full $30 from each ticket, rather than the current $24, an additional $11,736 in parking ticket revenues could be expected for the entire year of 2003. This estimate assumes that all 1956 parking tickets were $30 parking tickets. Therefore, it appears that additional revenues in the range of $10,000 to $15,000 could be projected if the administrative citation process were applied to parking tickets. Costs to administer the process mayor may not be higher than current costs associated with enforcing parking violations. .