FISCAL NOTE FOR NON-CAPITAL PROJECTS

 

Department:

Contact Person/Phone:

CBO Analyst/Phone:

Law – Criminal Division

Seattle Municipal Court

Richard Greene

Kwan Wong

 

 

Legislation Title: 

 

AN ORDINANCE relating to the monetary penalty for parking infractions; amending Section 11.31.121 of the Seattle Municipal Code.

 

·       Summary of the Legislation: This legislation amends the City’s parking infractions to conform with changes in the corresponding parking infractions as modified by Local Rule of the Seattle Municipal Court (SMCLR) adopted pursuant to the Infraction Rules for Courts of Limited Jurisdiction (IRLJ).

  

·       Background:  On July 1, 2011, the Court submitted Local Court Rule SMCLR 10.5(b) to the State’s Administrative Office of the Courts pursuant to the IRLJ 6.2(c) and raised the penalties for parking infractions by $5 (12%) to take effect on September 1, 2011.  This change addresses the interests expressed by the Mayor and City Council to maintain an efficient parking enforcement strategy to discourage illegal parking in Seattle’s neighborhoods and business districts and to encourage higher turnover of available parking spaces. Despite this increase, the cost of Seattle’s parking infraction fines remains lower than those found in other comparably-sized cities.  RCW 46.63 limits parking infraction fines to $250. 

 

·       Please check one of the following:

 

____    This legislation does not have any financial implications.  (Stop here and delete the remainder of this document prior to saving and printing.)

 

_X__   This legislation has financial implications.  (Please complete all relevant sections that follow.)

 

 

 

 

Summary of Changes to Revenue Generated Specifically From This Legislation:  For budget legislation that changes revenue (e.g., fees, taxes, etc.), please provide detail on each revenue-producing item that is being changed, when it was last changed, and how the item’s new overall cost compares with similar costs charged elsewhere in the region.

 

 

Revenue Source

Sept 1, 2011 to December 2012 Estimate

Total Fees and Charges Resulting From the $5 penalty increase (see note)

General Subfund (00100) Parking Infraction Fines

$2,600,000 to $3,000,000

 

Note:  Assuming a range of 80% to 90% fine payment rate, the additional revenue from parking fines is estimated between $531,808 - $598,285 in 2011 (Oct. to Dec.) and $2,127,236 to $2,393,141 in 2012 for a total of $2.6 million and $3 million combined.

 

 Increase Parking Infractions by $5 and implement Sept. 2011

Sept 1, 2011 to Dec 31, 2012

Assumed Various Payment Rates

Year

# of citations

80%

90%

100%

2010 level

552,549

$2,946,191

$3,314,465

$3,682,739

2011 level (projected)

511,068

$2,725,015

$3,065,641

$3,406,268

2012 level  (average)

531,809

$2,127,236

$2,393,140

$2,659,045

Oct. – Dec. 2011

$531,808

$598,285

$664,761

 

·       What is the financial cost of not implementing the legislation?  The financial cost of not implementing this legislation to conform with SMCLR 10.5 (b) may equate to $2.6 million to $3 million in unrealized revenue in 2011 and 2012. The last major change to parking penalties took effect January, 2010 when Ordinance 123161 increased most penalties by $4 from $35/$38 to $39/$42, which was estimated to bring in $1.84 million in revenue.

 

·       Does this legislation affect any departments besides the originating department?  This legislation impacts the Seattle Municipal Court and Seattle Police Department. 

 

·       What are the possible alternatives to the legislation that could achieve the same or similar objectives?  There are no alternatives to this legislation that achieve the same result. 

 

·       Is the legislation subject to public hearing requirements:  (If yes, what public hearings have been held to date, and/or what plans are in place to hold a public hearing(s) in the future.)  No.

 

·       Other Issues (including long-term implications of the legislation):

The parking violation penalties would only impact violators who park illegally (e.g. commercial yellow lines, fire lanes, cross works) or fail to pay parking meters. Drivers who park legally will not be affected.  Violators can request a mitigation hearing to explain their situation or a contested hearing if they don’t believe that they committed the illegal parking. Violators who are indigent can request community service equal to the amount of their penalty.

It is important to note that increasing parking violation penalties does not have the same perceived negative impact on citizen’s behavior or on local businesses as does increasing parking meter rates. Most penalties are assessed on parking violators committing overtime or meter violations and preventing “turnover” by occupying spaces that others motorist would have been able to park in. This would also help to deter illegal parking impacting businesses, schools, and neighborhoods. The $5 fine increase to parking penalties in Seattle would place us higher than in other Washington cities but roughly in the middle when compared to other major US cities as shown in the following table:

2011 Parking Violation Penalty Amounts by Jurisdiction

City

Range of most tickets

Overtime Parking

In Washington State:

Auburn

$30 - $40

$30

Bellevue

$20 - $35

$20

Olympia

$15 - $30

$15

Spokane

$15 - $30

$15

Tacoma

$25 - $35

$25

Outside Washington State:

Baltimore

$32 - $52

$32

Boston

$25-$100

$25

Chicago

$50 - $70

$50

Los Angeles

$55 - $80

$55

NYC (Manhattan)

$65 - $115

$65

Miami

$18 - $33

$18

New Orleans

$20 - $75

$20

Portland

$34 - $70

$34

Sacramento

$35 - $50

$35

San Diego

$38-$63

$43

San Francisco

$50 - $70

$65 / $55

San Jose

$40 - $55

$40

Seattle

$35 - $48

$39

 

 

·       List attachments to the fiscal note below: (Please include headers with version numbers on all attachments, as well footers with the document’s name (e.g., DOF Property Tax Fisc Att A) N/A