Memorandum

City of Lawrence

City Attorney's Office

TO:                  David Corliss, City Manager   

FROM:            Maria Kaminska, Assistant City Attorney

DATE:             August 29, 2013

RE:                  Traffic infraction fines and fee increase 

_____________________________________________________________

I. Introduction

The “Penalty for Scheduled Fines and Fees” ordinance, City of Lawrence, Kan., Code § 17-201.1 (July 1, 2013), has not been substantively updated since July 2009. Since that time, a number of surrounding cities have increased their fines and fees for various traffic infractions. In accordance with the “City User Fee Policy,” the City Attorney’s Office has reviewed the current schedule and recommends that the City adopt Ordinance 8897, which increases the fines and fees for speeding violations and defective vehicle equipment. Increasing those fines will permit Lawrence to remain aligned with cities of comparable size, while concurrently generating increased revenue.

II. Surrounding Cities

In May 2013, Vicki Stanwix, Municipal Court Manager, conducted a survey to determine the current traffic fines and fees in the following nine Kansas cities:

1. Overland Park

2. Baldwin

3. Olathe

4. Shawnee

5. Salina

6. Atchison

7. Hutchinson

8. Manhattan

9. Topeka

The results of that survey were provided to our office and are incorporated into this memo.

a. Speeding

With respect to speeding fines specifically, the results of the survey indicate that Lawrence, which currently charges $50 as a baseline for speeding 10 mph over the speed limit, falls well below the highest fines and fees for speeding set by Olathe ($96.00), Baldwin ($85.00), and Overland Park ($80.50). To provide a global perspective, the lowest-charging cities are Manhattan ($18.00) and Hutchinson ($25.00). However, city court costs for these two lower-charging cities are significantly higher than Lawrence, which appears to balance out the seemingly low speeding fine.

Contrastingly, Kansas district courts assess a $96 court cost fee for moving violations. K.S.A. 22-172a ($74 docket fee plus $22 surcharge). The state’s speeding fine schedule is controlled by K.S.A. 8-2118, which provides that speeding 10 mph over the speed limit is a $45 fine, plus $6 for each additional mile over. So for example, a motorist speeding 11 miles over the posted speed limit would incur a $149 total fine if prosecuted in district court. Had the same driver been prosecuted in municipal court, the total charged under the current rules would be $95.50. This is quite a disparity; someone driving the same excessive speed within city limits is spared substantially if prosecuted in municipal court.

Increasing the base for speeding 10 mph over the speed limit from $50 to $80 would not only remove the disparity, but align Lawrence with surrounding cities of comparable size. In accordance with this baseline increase, the fines and fees for all speeding generally will increase. This increase would generate higher revenue for the City without having the most expensive rates in the state.

b. Vehicle Equipment

The fine for defective vehicle equipment is currently $50 in Lawrence. Again, that falls below several surrounding cities, including Overland Park ($88.00), Olathe ($81.00), Baldwin ($75.00), Topeka ($70.00), and Atchison ($55.00), but is higher than Hutchinson ($15.00) and Salina ($35.00). Under K.S.A. 8-2118, Kansas district courts charge $75 for defective equipment (non-misdemeanor). It is recommended that Lawrence increase its vehicle equipment fines from $50.00 to $80.00, which would still place it within mid-range statewide.

Action Requested:

Adopt on first reading, Ordinance No. 8897, establishing a traffic infraction fines and fees increase for speeding and defective equipment.