Form revised June 11, 2010

2011-2012 BUDGET LEGISLATION FISCAL NOTE

Department:	Contact Person/Phone:	CBO Analyst/Phone:
Transportation (SDOT)	Mary Catherine Snyder / 684-8110	Steve Barham / 733-9084

Legislation Title: AN ORDINANCE relating to enforcement and timely payment of parking infractions; providing authority for the Seattle Police Department to immobilize and impound vehicles with four or more outstanding parking infractions when in a public right-of-way or on public property; establishing notice, payment, vehicle release, public education and administrative review requirements and procedures; adding a new Chapter 11.35 to the Seattle Municipal Code; and, amending Seattle Municipal Code Sections 11.30.040 and 11.30.120.

Summary of the Legislation: This legislation amends Seattle Municipal Code Title 11 to provide authority for the Seattle Municipal Court and the Seattle Police Department (SPD) to notify and immobilize vehicles with a new booting program for vehicles in scofflaw status. Scofflaws are vehicle owners with four or more outstanding parking infractions. The legislation changes city policy such that scofflaw vehicles found parked within public right-of-way may be immobilized with a boot. If past-due infractions and booting fee are not paid within 48 hours, then the vehicle may be towed. Either full payment (initial parking fine, default penalties, interest, and booting and/or tow fees) or a time-payment arrangement must be agreed upon before a vehicle will be released.

Background:  Currently, over 25,000 vehicles are in scofflaw status. Approximately 85% of scofflaw vehicles owe less than $1,000 in fines and penalties to the City. Vehicle owners have been given multiple opportunities to contest the tickets’ validity, mitigate fine amounts, and/or be placed on a time payment plan at Seattle Municipal Court.  Current code allows SPD to tow vehicles in scofflaw status if the vehicle is found in violation of another parking regulation. SPD research has found that nine out of ten vehicles, when found in scofflaw status, are not violating another parking rule. With the few that can be towed for scofflaw, owners often remove the required impound notice before the tow can be completed. If impounded, scofflaw violators are not required to pay any citations prior to vehicle release. Consequently, parking citations are often ignored and accumulate because there is little incentive for payment, resulting in reduced opportunities for effective parking management. Vehicles in scofflaw status often are found parked in dense business and residential areas including downtown, Capitol Hill, and the U-District, contributing to parking shortfalls for law-abiding residents. 

New Scofflaw Booting Program:

The legislation will authorize immobilization of scofflaw vehicles as an alternative to impound. It will also require full payment (up front or through time payment) of outstanding fees and fines once a vehicle has been immobilized or impounded. The Scofflaw Booting program is intended to provide:

• accountability for those with large number of outstanding parking infractions
• due process of law for those charged with scofflaw violations
• a cost-efficient program for Seattle taxpayers
• deterrence for future scofflaw violations
• improved compliance with City on-street parking regulations, including abandoned vehicle rules

In  the first quarter of 2011, the Seattle Municipal Court will notify all individuals with vehicles on the scofflaw list of the new consequences of failure to pay outstanding infractions. Booting is expected to commence July 1, 2011. As currently envisioned, upon payment of all fines in collections and a booting fee, the self-release mechanism on the boot would be enabled. The boot would be returned to one of three designated drop off locations. A time-payment option would also be available. If citizens chose not to have the boot removed, the vehicle may be impounded after 48 hours after being booted.

The Seattle Department of Transportation will be responsible for public education campaign at the launch of the Scofflaw Booting program. Materials will highlight the City’s parking enforcement rules (i.e., “where I can and cannot park legally”) including the consequences of vehicle immobilization for not paying citations.

· 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: 

	Revenue Source	2011 Proposed	2012 Proposed
Total Fees and Charges Resulting From Passage of This Ordinance		N/A	N/A

Notes:  N/A

Anticipated Total Revenue from Entire Program, Including Changes Resulting From This Legislation:

Fund Name and Number	Revenue Source	Total 2011 Revenue	Total  2011 and 2012 Anticipated Revenue from Entire Program
General Subfund (00100)	Increased Payment of Parking Infractions	$1,687,000	$3,715,000
General Subfund (00100)	Increased Parking Meter Payment Compliance	$170,000	$520,000
TOTAL		$1,857,000	$4,235,000

What is the financial cost of not implementing the legislation?  Without passage of this legislation, poor payment compliance for parking citations would continue. The City would not be able to take advantage of best practices in parking enforcement management. 

Does this legislation affect any departments besides the originating department? 

In addition to the Seattle Department of Transportation, the following City departments and branches of government are involved:

• Seattle Police Department – responsible for immobilization
• Seattle Municipal Court – responsible for parking citation adjudication, maintenance of scofflaw list, issuing notifications, and establishment and management of the vendor contract for the immobilization program
• Department of Finance and Administrative Services – responsible for the City towing contract

What are the possible alternatives to the legislation that could achieve the same or similar objectives?  None.

Is the legislation subject to public hearing requirements No.

Other Issues (including long-term implications of the legislation): The public education campaign to accompany the Scofflaw Booting program will include a proactive effort to ensure Race and Social Justice principles are incorporated into the program:

- Brochures and other materials translated into the City’s Tier 1 languages

- Public service notices in ethnic newspapers and other media outlets

- Media coverage sought for ethnic news media

List attachments to the fiscal note below: None.