Council splits on Marengo parking ordinance

MARENGO — Revisions to a parking ordinance that passed a first reading in Dec. 4-0 faced opposition during the second reading which passed on a split 3-2 vote Jan. 7.

Ordinance 69.11 in the Code of Ordinances for Marengo limits parking on public streets and parking lots to 24 hours. The state ombudsman’s office suggested changes to the city’s ordinance after a resident filed a complaint.

In response to the state ombudsman’s request, the City of Marengo is adding “rights of way” to the locations with a 24-hour limit and adds that vehicles “are considered moved when they move at least one vehicle width or length.”

In December, Council members Karen Wayson-Kisling, Bill Kreis, John Hinshaw and Travis Schlabach voted in favor of the change. Councilwoman Jenni Olson was absent.

Following a public hearing Jan. 7 for the second reading of the resolution to change the ordinance, Olson and new councilman William Geoghagan voted against the change. Wayson-Kisling, Hinshaw and new Councilman Shawn Huedepohl voted in favor.

Bill Kreis and Travis Schlabach no longer sit on the council. Schlabach is now Marengo’s mayor.

Several residents asked questions or spoke against the change during a public hearing.

Matt Loffer, who has filed several complaints against the city with the Iowa Public Information Board for alleged violations of open records laws and, according to Marengo Police Chief Ben Gray, filed the complaint with the state ombudsman that led to the proposed changes to Ordinance 69.11, said the city has never cited anyone for parking in a right of way and he doesn’t think rights of way should be added to the ordinance.

Gray said he has written tickets for vehicles that have parked for extended periods in rights of way. Gray said that in practice nothing is changing. The new wording is meant to clarify how the ordinance is being enforced, as suggested by the state ombudsman.

Asked to explain the process police use to enforce the ordinance, Gray said officers usually act on a complaint but will sometimes notice that a car hasn’t been moved for an extended period of time. Police have to document that the car has not moved in 24 hours. That requires photographing the vehicle or marking the roadway, he said.

If officers can verify that the vehicle hasn’t moved in 24 hours, they issue a warning giving the owner 24 hours to move the vehicle. If the vehicle is not moved after an additional 24 hours, police may have it towed.

The entire process takes at least 72 hours, said Gray.

Adam Olson asked if the procedure could be put in the ordinance to assure it is followed, but Schlabach said that officers wouldn’t be able to make exceptions or grant extensions if every part of the procedure were dictated by the ordinance.

City Attorney Gage Kensler said procedure doesn’t need to be in the ordinance but can be examined in a dispute in a court of law.

A resident asked about exceptions if, for example, someone is sick and can’t get out every 24 hours to move a vehicle. Gray said people often call police to explain hardships, and officers will give extensions — usually for a day or two, but not a week or more.

The purpose of the ordinance is to keep people from having junk vehicles on the street, said Hinshaw.

Schlabach recalled a vehicle left in the street for a week while the owner changed the oil. That is the type of situation the ordinance is meant to prevent, he said. It doesn’t target people who use their vehicles on a regular basis.

If people believe they have received a ticket in error, they can go to court and contest it, said Schlabach. That’s not the job of the city council.

The council will consider a third reading of the resolution to change the ordinance before it becomes part of the Code. A public hearing will precede the vote.

The next Marengo City Council meeting will be Wednesday, Jan. 28. The time may be changed due to a scheduling conflict. Visit marengoiowa.com Tuesday, Jan. 27, for the agenda and start time.