Heated debate precedes passing of amended parking ordinance in Marengo

MARENGO — After hearing objections from a handful of residents last week, the Marengo City Council approved changes to the wording in a parking ordinance by a 3-2 vote.

The changes in the ordinance were proposed following a complaint filed by Marengo resident Matt Loffer with the Iowa Office of Ombudsman.

Angela McBride, assistant ombudsman, said in an email to Marengo Police Chief Ben Gray in October that Loffer believed his car was not illegally parked when it was towed.

McBride noted that Code 69.06 (17) prohibits parking between the sidewalk and curb but only “when curbing has been installed,” which does not apply to the location in which Loffer’s vehicle was parked.

In an email reply, Gray told McBride that the car, registered to Loffer’s mother, Audrey, had been parked in the city right of way for several months without being moved, and that three or four of the tires were flat.

Gray said he placed a notice on the vehicle Oct. 20 telling the owner that it needed to be moved within 24 hours as required by Code 29.11 (2).

The vehicle would also fit the description of a junk vehicle under City Code 51.01, Gray said.

Following a phone conversation with Gray, McBride referenced their discussion in an email Oct. 30. McBride noted that Gray believed streets, roadway and public property include the right of way and, therefore, the 24-hour rule applies.

McBride said the City’s ordinances needed to be revised “to ensure your officers are able to enforce the parking rules.”

McBride said that “changing the ordinances does not mean that you need to change anything for the current situation, but going forward, I believe it is imperative that you propose the City Council clarify that the 24-hour rule applies to the ROW.”

McBride also asked that Gray provide a definition for “continuous” to make clear to residents how they can comply with the rule.

McBride also suggested that the city add language to chapter 70 about residents can appeal parking tickets, but the city council decided to handle that in policy, not by ordinance.

“Going forward, I think it is also important to revisit issuing parking citations or use the nuisance abatement process (when appropriate) instead of or in conjunction with the abandoned vehicle process for parking and nuisance enforcement (unless is unequivocal that it is abandoned),” McBride said.

McBride said she planned to inform Loffer that he can park in the right of way but he will have to make sure the vehicle is in good repair and he will have to move the vehicle every 24 hours.

In an email dated Dec. 1, McBride made suggestions concerning the language of the ordinance. In compliance, the city added “rights of way” to the list of locations that have 24-hour parking in Chapter 69 of City Code. It also added that vehicles are considered moved when they move at least one vehicle width or length.

The ordinance also now references Code of Iowa, Sec. 321.1 which defines street as “the entire width between property lines … when any part thereof is open to the use of the public …” and right of way as ”the privilege of the immediate use of the highway.“

The first reading of the amended ordinance passed 4-0 in December; Councilwoman Jenni Olson was absent. Other council members, Karen Wayson-Kisling, Bill Kreis, John Hinshaw and Travis Schlabach, voted in favor of the changes.

Gray told the council that nothing is changing in practice. The amended ordinance reflects changes requested by the ombudsman’s office to clarify the ordinance, Gray told the City Council.

The second reading, in January, passed 3-2, with Olson and new council member Will Geoghagan voting no. They also voted against the ordinance following the third reading.

Wayson-Kisling, Hinshaw and new council member Shawn Huedepohl voted in favor of the ordinance following both the second and third readings.

Audrey Loffer said during the Jan. 28 Marengo City Council meeting that she used to have four drivers and three cars in her household, making on-street parking difficult. She said she put gravel in the right of way 37 years ago but didn’t receive warnings from Marengo police until two years ago. She’s received nine nuisance abatements since then, she said.

Adam Olson asked for a definition of “right of way” and an explanation of how the ordinance is enforced. He suggested the city deal with nuisance cars in the rights of way but exempt rights of way from the 24-hour parking restriction.

The ordinance references the state’s definition of right of way, said Gray.

Schlabach, now Marengo’s mayor, said that adding the definition “is a good thing.” He likes to clear up gray areas in the Code, even if the ombudsman doesn’t request it, he said

Schlabach explained that an officer has to document that a vehicle hasn’t moved in 24 hours — usually with photographic evidence. “Then we give 24 hours notice to move the car.”

Gray said police put stickers on the vehicles informing the owners that they have 24 hours to move them. The city may have the vehicles towed if they haven’t been moved by the end of that time.

The removal of such a vehicle is covered in Chapter 80, Gray said. Chapter 80 allows the city to remove abandoned vehicles from public property. Abandoned vehicles include those that have remained illegally parked on public property for more than 24 hours, the ordinance says.

Hinshaw said that police have been enforcing the ordinance as if “streets” means not only the roadway but the entire right of way given by a landowner for a public use.

Enforcement isn’t changing, Hinshaw said. The new wording is supposed to make the ordinance clear.

“We don’t live in Des Moines,” said Jenni Olson. “We don’t live in Cedar Rapids. We live in Marengo.” She wondered how people will be able to comply when it snows.

“I don’t feel people are driving around looking for it,” said Schlabach. If the ordinance becomes a problem in the future, the council can address it then, he said.

Hinshaw used speeding laws as an analogy. Many people disobey the speed limit, yet they are rarely stopped for it, he said.

“The second you break the law, cops don’t jump out of the bushes and write a ticket,” Hinshaw said.