Committee/mayor discuss fines, enforcement of uptown parking ordinance

The street and safety committee of the Hillsboro City Council has tabled proposed changes in the uptown parking ordinance proposed by the Hillsboro administration. 

During a meeting held Thursday evening, Hillsboro Mayor Drew Hastings and deputy law director Laura Curliss presented the street and safety committee with a proposed revised ordinance, which would take the fine for violating the parking ordinance from $10 to $30. If the fine was not paid within 30 days, it went to $75. The fines would then increase by $25 each week, up to a maximum of $200.

There was also disagreement if the city wanted to write the ordinance so violators who did not pay the fines could ultimately be arrested, rather than make a court appearance on a summons. 

Curliss asked Hastings and the committee about a section that had proposed language of "upon reaching the $200 maximum," the person in violation "shall have a summons or warrant issued for their appearance in Hillsboro Municipal Court for such violation if the applicable fine is not paid by the end of the 65th day after the date of the violation."

She asked, "Do you really want people arrested for this? It's a parking violation."

Hastings said that if arrest was possible, it would give the ordinance "teeth." 

Committee chairperson Brian Waller said that the problem was not with the current ordinance and stated fines, but the fact that Hillsboro does not enforce the ordinance. 

"Would you like me to have somebody enforce it?" Hastings asked Waller. "We'll do it. We'll get somebody out there to enforce it." 

During council's March meeting, Brent Huffman, vice president of the Hillsboro Uptown Business Association, asked if there was something the city could do about enforcing the uptown parking ordinance. 

"It hasn't been enforced for a long time," Huffman said in March. 

At that time, he suggested the city increase it to three hours so people have enough time to spend uptown, but then enforce that time limit. Council President Lee Koogler put the matter into the street and safety committee for review.

Huffman, along with HUBA president Rachelle Trefz, attended Thursday's committee meeting. 

The revisions in the ordinance extends the amount of time a person can park in a space in the uptown area from two hours to three hours, between the hours of 9 a.m. and 5 p.m.

Referring to the higher fines, Hastings said, "You wanted teeth. This is the teeth." 

Curliss said that if people disregard the tickets and fail to make a court appearance on a summons, then the municipal court judge could then issue a bench warrant for failure to appear. 

"Does that turn into a felony?" Hastings asked. "We could have discussions with the court to see if they would help us on this." 

Curliss said, "It's up to judicial discretion," and that she would be running the ordinance by Hillsboro Law Director Fred Beery, who has experience working in the Municipal Court system. 

Huffman said that it wasn't HUBA's intent to seek an increase in fines. They wanted to see an attempt made to enforce the current ones. The HUBA members, as well as the council committee members, said that it had been at least four years since it had been regularly enforced.

Several people, including Hastings, voiced that if a patrolman was regularly seen in the uptown area, and that if a few people started getting tickets, drivers will start abiding by the ordinance. It was also agreed that the issues with people using spaces all day were not because of patrons to uptown businesses, but because of employees of the businesses. 

Hastings said that the city needed to encourage uptown employees to park in the existing municipal lots, such as the one located at the corner of South West Street and West Walnut Street, and in parking lots provided by their employers.

"I have people call my store every week saying they were going to come in, but they circled the block five times and couldn't find a space," Huffman said. "(On West Main Street, in front of his store) there are 11 spaces down the block. I have gone down and counted seven cars regularly parked there that belong to employees. But I don't think we want to deter people from enjoying uptown. With the economic downturn still in our area, I don't think the fees for tickets should be upped. It hasn't been enforced in quite a few years." 

Hastings said, "Now, Brent, I think you're backpedalling. I don't think a $10 ticket, a $50 ticket after 30 days has the same impact." 

"I'm not backpedalling," Huffman said. "The city is losing revenue (in lost business to merchants). But we don't want this (ordinance) to be a negative on the city. If we keep it the same, but enforce it, and then go back in a year, go back in six months, then we can look at it again." 

It was suggested that the city research the fines in other area cities of comparable size. 

Waller said, "We can change it any time we want. We don't have to do it right now. But I want to know how the police are going to write tickets when they don't have the manpower to do what they need to get done already." 

"I don't know if that's really true," Hastings said. 

"Well, that's what we've previously been told," Waller said. 

Hastings said that an officer with the Hillsboro Police Department is scheduled to return to work soon, after being off for an extended period for health reasons. It was his plan for that officer to patrol the uptown area.

"You can say we're short of police, but you see a guy on the street and there's the perception that, 'Hey, we have a big police force.' It a good PR move." 

There was discussion that whenever tickets actually were being written, officers skipped state vehicles and county employees. 

"I have no problem enforcing it to the county employees," Hastings said. 

"What's good for one is good for all," Waller said. 

Huffman said that he has heard complaints that the city employees are allegedly regularly violate the ordinance by parking on the street all day. 

"I violate it all the time," Hastings said. "I'll park uptown and stay three or four hours. If I knew it was being enforced, maybe I'd pull down on Beech Street a little more often." 

Hastings said that he would speak with Hillsboro Chief of Police Nick Thompson within the coming week about getting the parking ordinance enforced.

The committee said they would meet again on the matter in coming months, and by then may see some changes in the uptown parking habits.