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268673 WHITE - CITV CLERK COl1IIC11 f�� PINK -fINANCE CANARV - DEPARTMEN G I Y F .SAI NT PA IT L File NO. � � �� BLUE - MAVOR �� - �o 'l R solution , � Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, That the Council of the City of Saint Paul hereby approves: "A bill for an act relating to parking citations, the re�orting of the same and their collection. ' and recommends the same to the Ramsey County Senate and House delegations. COUNCILMEN • Yeas Nays Requested by Department of: Butler -�_. In Favor Hunt Levine __�_ A gai n s t BY -�ve��er Sylvester -�tt�esca Adopted by Council: Date M� t 1977 Form Approved b City Attorney Certified P� se Cou cil etar BY By. �`�� 2' �577 Approved by M r for Submission to Council Ap r ved;by Wlayor. Dat By BY PUBLISHED MAR 5 1977 � •�.��(4,�r��"��•$ � tt. . . .. � . . . . . �'.. '.''�..� ?�4 . . C ITI�' OF SAI NT PAUL ' OFFICE OF THE ClTY ATTORNEY February 28, 29'77 HARRIET Lf1NSlNG MEMORA��IDIP,K T0: Ron Bushinski V�Ierie Cunningham Tom Hughes Harriet Lansing/ Al Olsort J . Judge Salland FROM: Jerome Segai Attached is the latest draft o� proposed legislation re parking violations. City Hall, Saint Pau1, Minnesota 55102 b12 2�8-5121 - ' , ' 2�`��77 . City- of St. Paul Bill vo. �-,��►.-,� A bill f'or an act �' .. . , ' relating to parkinb citations , -the repor-tiri� � of the same and their collection. BE IT E�ACTED BY THE LEGISLATliRE OF THE STA'I'E OF :�II�iNESOTA: Section 1. �EFINZTIONS] Unless tYie lan�uage or conteYt clearly indicates that a diffe�ent meanin� is inte�ldeci, the �ollotiving ��ords and terr�s, for the p�.�rposes of this act, shall have the meanings subjoi�ed� to them. (1) '�Owner" means that person, firm, association, corporation or other legal entity registereci ��i th the . conunissioner of public safety as the owner of the motor vehicle. (2) "Parking citation" means any citation or traffie ticket issuecl by the police, a peace officer or any other person for violation of any parking traffic z-ebulation enactecl pursuant �o state statute or ordinance. Sec. 2. �ARKING VIOLATION NOT A "CRIME. " I�To �•iolation of parking restrictions imposed by statute or ordinance shall constitute a "crime" as definecl by state laia, ordinance or rules adopted by any court. Violations of Parkinb traffic statutes or ordinances may be punished by tlie impositivn of a f'ine of not more than �100. Sec. j. �IrtE LI�IIT TO RESPOND TO PARKING CITATIO�SJ Owzi�rs s�all , within �t5 clays of tiie issuance of a parkin,� �i tation, eithcr pay t•lie irnposed firie or plead not btiilty to ttie allegec� parl�in� o:ff.ense. In tiie evezzt of a not ffui.lty plE,a anci ivhere the o��Tner shall be helcl, r�espozlsible _for the l 2/�8/77 City Bill No. i , • violation, the otv-ner shall then k3e required to pay the imposed �ine within 30 c�ays after the entry of judgment. Sec. If. �ES`�RICTIO�TS Ov riOTOR VEHICLE REGISTRATION A1�tD TRAiVSFER] In the ecent th� owner does not pay- the imposed �ine within �the applicable iitne imposed by this act or does not enter a "not guilty" plea within 45 days o�' issuance o� the parking citation, then the appropriate court clerk shall notify the commissioner of public safety thereof, tipon receipt o� this noti�ica.tion, the co�►m�issioner shall reeord the unsatisfied parking citation upon the registration record of the motor vehicle cited for the parking infraction. The cominissioner shall not issue any registration, renewal, transfer , , license or license tabs for the cited motor vehicle until the � commissioner receives proof that the fine has been paid or � the parking citatian otherwise finally disposea of k�y the appropriate court. Sec. 5. LUNSATISFIED PARKING CITATIONS PUBLIC HECORD] The recorci maintained by the commissioner of public safety relating to unsatisfied parl�ing citations and motor vehicle re;istration shall be a public record and available for pLZblic inspection during the normal business hotirs maintained by the clepartr�ent of public sa�e ty. Sec . 6. �RESL�iPTIOV UF O�vNERSHIPJ Trie regi stere�l oi�ner of any motor vehicle shall be deemecl prima facie liable for all par�in� ci tations inct�r°rect and to which the uiotor ve'riic.le is subj�ct, arid in tYie evexit ttie re�isteret� o��7�eY• is claiming � , 2�28�77 City Bil:l No. . . . � �� a transfer of said motor tie�iicle�to� another �.nd the sales orj�� $` Lise tax on said trans�er h t b e the re�istered �'� �� '�' b oti�nsr shall be conclusi�-ely��iah�,��,,�- p�,rkinb citations ��S) incurred. .i��* ,.,�,�,'� 1"� Sec. 7. �ONFLICTS jdITH OTHER STATUTES A1�-D ORDIVAI�TCES, In case of any conflict between the provisions of this act and any other general or special state la�� or orclinanee, the proviszons of this act shall prevail and supersede suc�z o�her conflicting provisions to the eYtent that the intent o� this act ma,y be put inta effect. • Sec. 8. �EVERABILITYJ The various provisions of this , act shall be severable, and if any part or provision shall be held to be invalid, it shall not be held to invalidate any � other part or provision thereof. � Sec. 9. �FFEGTIVE DATE] This act is effective January 1, 1g�8. , ! �, - � STAiE rQF M!�{V£SOT� , � �. CC�U�;T`: t�� Rr�NtSEY • �'�_.� ..z_ � � ��+.UNICtP�L COUQT � :� � .� '��,:`� JOSLPN �. SALL�ND U .._�� e�. � �eb-r_uary 23, l�?? � ,;., �+ r€u .,-� )U�uE L�gis la cion Co::�.�_�ze� City Counci� . City of St. P�uI . � Attn: Chairr�an David Nozza Re: Legislation for �arking Citations Gentlemen: . I have prepared a legislative bill that relates to parking cita- -- � tions only. I have limited it to this one area because this is � the area. the gr�atest proalems arise. It this kind of legisla- tion is to be introduced, I thinl: that fae should see if it crorks as to parking matters before increasing its �cope to rroving . tra.ffic violations. � � I ha�Je tried to r;iake use of existing facilities as they are - presently beinG used. Tne taxpayers �re �ayin�� for theTn ��d I � see no reason to multiply their use. If th� state cor�pletel� took over the pa�ent of citatior.s, tra�ric violations bur��•.zs throughout the state �vould have to be dismantled. For inst4r.ce, _ in 1976 in Ramsey County, there c:�ere 109, 000 parking tic.tAts issued and there ��rere 91, 500 par�:ing tickets paid, or approxi- mately 83� of all issued tickets were paid tnrough our tzaffic violations bureau. Of the remaining 17% , 8500 went to warrant. Tne rest �rere ca:�celled because of police er_ror, an inabil.a.�,y to locate, non-resident or out of state status, �ermit cance�.- lations, r.ieters :•:�re ou� o_f order, ancl sorae 1924 were � handle3 and cancelle3 t;rou�h ��e r.:eans o� an afficavit of defensz ctih�re . the owner of a r�otor vehicle comzs into tha �raffic vioZatiar.s bureau, writes o�st an affidavit stating his side of the �cas� � ar.�? it is presente3 to a judge to either �eny or cancel the � ; t�a�fic violatior_. � � This bill provid�s that the court, after 45 days has expir�d, _ for_-�aar� to the Co�issioner o` Public Sa�ety notice of the unpaid traffic citation, and the Co�issioner records it on the r,►otor vehicle registration. No registration, transf_`r or license of any tyne of the r.lotor vehicle shall issue until aIl citations have been s�t aside bac'�c at the caur.t leve? and pro�t o f �ha� ha s b�en subr,�i tted to the Cor.li-ni s�ion�r. . "_'ne only � classes of peonle that �rill not �e caucht :�y this method a�e thos� that deii�berately dYive without nro��r licenses on t?�ei� motor vehicle or. those wn� junk their cars. Tne first Ar�a C�ct� 612 Court House, Saint Paul, h1irn,��Q�� 55102 � 258-�700 •�:�: _ Legislation Com,^ittee ^ebr�:�ry 23, 1977 ° �" ' Fage �'wo r��.�.�� .._��... � 1��. are easy to spot and the seco.id hav� ,probably made a determi.na- tion that the price of the licanse and the �ines urA greater tran the valuz of the car. In th� third and fourth s�ctior.s are set� out definitions ar.d so-�� rules o= law. P�innesota no�•� �:a:� � law statir_g that whozver is n�med on �he .records of the Com�_�ssior_?r of Public Safet�� as th2 ow�er of the r:otor vehicl� is th� prina facie ow:�er. This c:�.�i:�ition Ld35 }>�,pt, and anyo�z :a�� is trat o:rn�r is orima f�zcie liable for all oF these traffic citati��_zs. If_ the dzfendant claims he r:�ade a transf_er and c�:�r�o� snow that he paid the sales or us� tax on that r�otor vehicle, Lhen he is absolutel� liable. After sitting in court for over two and a half years and having heard any number of peoplz coming into court and saying to ne, "I sold that r�otor vehicle, " but the sale was never recar3ed because they didn' t want to pay the sales tax, I feel this pre- su�-nption should be in. � This bill is simple and it is inexpensive. It r�akes use of existing" facilities that are already being naid for_ It keeps the dis�ribution of revenue from parking matters in their present posture. . I� believe��it will work. Lastly, I have provided that in these matters criminal: process, such as the �aarrant, shall not apply. I know or no place where a parking citation carries � � a fine greater than $l0, and most are $5 and even sor,►e are $3: I think no man should be picked up and jailed because o� his failure to pay a parking citation of this r.�agnitude. Very tr ly yours, . � - . / . _ ep E Salland � J�� of County r7unicipal Court �_ JES :dr