The system is broken - and we can fix it...

The city of Wilmington is in the process of becoming a truly awesome city - a place where entrepreneurs, artists, educators, and businesses create incredible things.

Since October of 2011, the citizens, business community, arts community, Wilmington City Officials, and others have been engaged in improving the parking and parking enforcement issues in the city of Wilmington.

Huge progress has been made and the direction we are going as a community is extremely positive!

This blog chronicles the efforts of all who helped make this happen...

Wednesday, December 28, 2011

Can you find the crosswalk?

This one was just sent in:

Last night (probably around 12:30) I returned to my neighborhood and parked on Rodney Street. I could not find parking that was not next to a stop sign, which I was a little wary about, having received one ticket previously for parking near an intersection (that ticket, I received fairly - I had parked after a "do not park after this sign" sign. Dumb). However, the parking spot that I chose yesterday was perfectly legal. As you can see from the pictures, I am parked near but not in the intersection of Rodney and Gilpin, there is no sign that says not to park past the stop sign, and I am a good distance off the curb, without being too far out. As you can also see from the pictures, there is a clearly laid stone crosswalk running parallel to my car up the Rodney street sidewalk, that I think we can all agree I was completely clear of. Let me emphasize again that this crosswalk crosses Gilpin street only (at Rodney).

Finally, you should be able to see from the picture that there is no depression in the sidewalk on the other side of Rodney street from my car; my point being that such a dip could reasonably be called a crosswalk. The curb is uniformly raised and there's no indication that pedestrians are meant to cross Rodney at this point (though, again, there is a clear crosswalk path running perpendicular to it across Gilpin). As there is no curb next to where my car is parked (only grass) and no stone pathway pointing across Rodney street, it is clear that there is no evidence of a crosswalk on either side.

So, what is my ticket for? Well, the violation description is "on sidewlk/crosswlk." However, as we can see from the picture, I am several inches off any grass or marked crosswalk. In the comments, the officer wrote "on crosswalk." It is clear to me at this point that the ticket was written either mistakenly or carelessly. I looked into the city code and found this section:

Sec. 37-223. - Prohibited in specified places.
(a) It shall be unlawful for the driver of a motor vehicle to stop, stand or park such vehicle in any of the following places, except when necessary to avoid conflict with other traffic, in order to comply with the directions of a police officer or traffic control sign or signal, or while operating in accordance with rules and regulations specifically authorized by the department of public works applicable to coaches and buses:
(1) Within an intersection. A driver found liable for a violation of this subsection shall be subject to and liable for a civil penalty in the amount established at Level 5.
(2) Within 20 feet of a crosswalk at an intersection. A driver found liable for a violation of this subsection shall be subject to and liable for a civil penalty in the amount established at Level 3.
(3) On a crosswalk. A driver found liable for a violation of this subsection shall be subject to and liable for a civil penalty in the amount established at Level 3.

___________________________________________________________________________

My ticket says that I was in violation of item (3) - that I was on a crosswalk. Well, we've already established that that's not correct. However, item (2) looks pretty interesting. Of course I was within 20 feet of a crosswalk at an intersection; I was within two feet of one. This means that I, and the person who was parked within inches of my rear bumper when I chose my spot last night, were in violation, as well at least one or possibly two cars on each side of each corner of both streets at the intersection (my neighborhood is often parked bumper to bumper). Of the three stop signs at the intersection, at least one (I didn't check the away-facing stop sign on Gilpin this morning) does not have a sign preceding it that says "No parking past this point," and the one I know of that is accompanied by that sign, it's not clear whether that sign is an attempt to let drivers know about item (2) above, or whether there's another reason it's there specific to that corner. If those signs are related to item (2) above, why are they not at every corner? Perhaps because not every intersection is a crosswalk? Who could say, besides the Wilmington parking officer who issued the ticket this morning? Certainly not many of my neighbors have any idea, or they wouldn't park so close to the intersections.

My point here is, the law needs to be more clear and more uniformly applied, or the city's parking enforcement department needs to be prepared to give drivers the benefit of the doubt, since the law is questionable and the tickets are even more so. I certainly hope that the WPD will grant my appeal, because I obviously was not in a crosswalk, but on the other hand, it is clear to me from anecdotal evidence that they are largely uninterested in clarifying their code or correcting their status as a total nuisance to people who live, work and drive in Wilmington.

Friday, December 23, 2011

Revised request...

I realized the request I submitted on Dec. 21 was vague - so here's the request I submitted today:


Freedom of Information Act Request for Examination and copying of public records


Ken Grant                                                                                          Dec. 22, 2011
15 S. Dillwyn Rd
Newark, DE 19711

This is a more detailed request for some other citizens and me to inspect, examine, and copy public information about the city of Wilmington, Delaware’s parking tickets for calendar years 2008, 2009, 2010, and 2011. This is in accordance with Title 29 of the Delaware Code:

§ 10003. Examination and copying of public records.
(a) All public records shall be open to inspection and copying by any citizen of the State during regular business hours by the custodian of the records for the appropriate public body. Reasonable access to and reasonable facilities for copying of these records shall not be denied to any citizen. If the record is in active use or in storage and, therefore, not available at the time a citizen requests access, the custodian shall so inform the citizen and make an appointment for said citizen to examine such records as expediently as they may be made available. Any reasonable expense involved in the copying of such records shall be levied as a charge on the citizen requesting such copy.

I am requesting access to the following information for the above noted calendar years:

  1. date, time, and location of alleged offense when parking ticket was issued
  2. specific offense (expired meter, handicap violation, too far from curb, etc.)
  3. all correspondence (including electronic) with the Wilmington Office of Civil Appeals concerning parking tickets
  4. all correspondence with the Wilmington Division of Revenue concerning parking tickets


In addition to the parking ticket information, I am also requesting information about the amount of money collected from parking meters in the city, preferably broken down by week and location – if such information is not available on a weekly basis, monthly will suffice.

We would like to review this public information on Friday, January 13, 2012.

In order to save money on paper and ink, we hope to copy the information electronically. Please advise on the best format for such an arrangement (USB thumb drive, writable disc, etc.).

Please contact me via any of the methods below with any questions and/or information about best format for copying public records.


__________________________________________
Ken Grant
302-588-4151
@kengrantde on twitter

15 S. Dillwyn Road
Newark, DE 19711

Wednesday, December 21, 2011

City expects revenues from parking ticket fines to drop...

From page 73 of the FY 2012 Wilmington Budget:



LICENSES, PERMITS, FEES, AND FINES
Basis:  Trend analysis
Critical Assumption:  Fines (consists of Criminal/Traffic and Parking Tickets/Booting Fines) will fall by a total of $650,000.  Criminal/Traffic Fines revenue is projected to total $3.065 million in FY 2012, down a net $250,000 from the FY 2011 Budget.  This revenue account consists of red-light camera fines, other miscellaneous traffic and criminal fines, and the L&I Instant Ticketing Program.  While base red-light camera fines are projected to decline by $700,000, as violations decrease at older sites, $400,000 in additional revenue from the full conversion to a video capturing system instead of the still-photo one will net to an overall decline of $300,000.  There is no change in miscellaneous traffic and criminal fines. Lastly, the portion of the base attributed to the L&I Instant Ticketing Program is expected to rise by $50,000 above the FY 2011 budget to match the current trend.

Parking Tickets/Booting Fines revenue is forecast to decrease by $400,000 below the FY 2011 budgeted level. Revenues will be adversely affected by the set-aside of 100 metered spaces for student parking and the change in parking regulations that now allow downtown residents to park for free at 332 metered spots.  These changes occurred in FY 2011 and will continue for FY 2012.

Just filed this request...


Freedom of Information Act Request for Examination and copying of public records


Ken Grant                                                                                          Dec. 21, 2011
15 S. Dillwyn Rd
Newark, DE 19711

This is a request for some other citizens and me to inspect, examine, and copy public information about the city of Wilmington, Delaware’s parking tickets for calendar years 2008, 2009, 2010, and 2011. This is in accordance with Title 29 of the Delaware Code:

§ 10003. Examination and copying of public records.
(a) All public records shall be open to inspection and copying by any citizen of the State during regular business hours by the custodian of the records for the appropriate public body. Reasonable access to and reasonable facilities for copying of these records shall not be denied to any citizen. If the record is in active use or in storage and, therefore, not available at the time a citizen requests access, the custodian shall so inform the citizen and make an appointment for said citizen to examine such records as expediently as they may be made available. Any reasonable expense involved in the copying of such records shall be levied as a charge on the citizen requesting such copy.

We would like to review this public information on Friday, January 13, 2012.

In order to save money on paper and ink, we hope to copy the information electronically. Please advise on the best format for such an arrangement (USB thumb drive, writable disc, etc.).

Please contact me via any of the methods below with any questions and/or information about best format for copying public records.



__________________________________________
Ken Grant
302-588-4151
@kengrantde on twitter

15 S. Dillwyn Road
Newark, DE 19711

Tuesday, December 20, 2011

Got the FOIA response!

I just got an e-mail from the city of Wilmington:

Request for parking tickets issued from January 2010 through October 2011 as well as the number of appeals filed in that period, and of those appealed, the number of tickets reversed or dismissed.

·        162, 808 tickets issued
·        12,812 of those tickets were appealed
·        Of those appealed, 2,897 were reversed or dismissed

My response:

Now I have to ask what the city defines as an appeal (something I didn't know about when I first filed this) - does that 12,812 number represent the number of tickets that were appealed to the City Office of Civil Appeals, or to JP Court 20, or both?
And is there a difference between a reversal and a dismissal?
and the city's response:


These are appeals to the city’s office of civil appeals only.The state would have the records as far as how many requests for a court hearing were made in that period.


and if my math is right, it looks like the city pulled in $6,396,440 between January 2010 and October 2011.

Still waiting for that FOIA request...

On November 11, 2011, I filed a Freedom of Information Act request with the city of Wilmington - asking for the following information:

1. The Number of parking tickets issued in Wilmington between January of 2010 and October of 2011
2. The number of parking tickets that were appealed during that time
3. The number of appeals that were successful


On the form is written the following:
The City's Rules of Public Access to Records require acknowledgment of a written request within fifteen (15) business days. Acknowledgment means:
I. Production of the requested documentsII. Denial of the request with stated reasons therefore; orIII Notification that an extension is needed and a statement about the time period in which the responses will be made.


On December 5, (14 business days after filing) - I received an e-mail stating they were working on getting the information I requested (but no statement about the time period).


On December 8, I called the law department to follow up and see if I could get a time period - no time period was offered, and the attorney said they were having difficulty getting the information because the numbers I was asking for were kept in various departments and they don't really keep track of successful appeals.


On December 13 (20 business days after filing), I get an e-mail saying the law department has the information and would be getting it to me ASAP.


On December 15, I called the law department to ask if it would be easier to e-mail me the information and was told "No, you'll get it in the mail."


It's now December 20 (25 business days past filing) - still waiting...

Starting point for discussion

Some Wilmington officials would like to meet to discuss parking ticket issues - I've sent them this document as a starting point for the discussion:

Background:

The city of Wilmington, Delaware has developed a reputation as being one of the worst cities in the region for parking ticket issues.

These issues have led to extreme dissatisfaction among residents, business owners, and visitors to the city, some businesses have cited parking ticket issues as one of the primary reasons for them leaving the city and several people avoid coming to the city for fear of getting an illegitimate ticket.

The city of Wilmington has an opportunity to address these issues and turn this around to become a model city for attracting new visitors, residents, and businesses.

Below is a list of some of the top issues identified by Wilmington residents, business owners, and visitors – along with some suggested remedies for those issues:

Item #1: Communication

From signs on the street (placement and wording) to word of mouth to conflicting experiences, there seems to be no clear understanding about the rules of parking in Wilmington. For example, the city code Section 37-263 states that money does not need to be deposited in meters on Saturdays or Sundays, yet the signs only offer the Sunday exception.

Recommendations:

- new, clearly worded signs
- brochures that local businesses could offer explaining the parking rules, similar to this - http://www.sandiego.gov/economic-development/pdf/park101.pdf
- a web page that clearly states the rules – with the web address and/or qr code clearly placed on the signs – here’s a few examples from other cities:

http://city.milwaukee.gov/mpw/divisions/administrative/parking/ParkingRegulations.htm

http://www.ci.minneapolis.mn.us/parking/parksmart.asp

http://www.cityofboston.gov/parking/tips.asp

Item #2: Parking fines

City                        Fine for expired meter parking

Boston, MA                   $25
Cambridge, MA             $25
Washington, DC            $25
Philadelphia, PA            $26
Baltimore, MD               $32
New York, NY              $35 (except below 96th street)

Wilmington, DE           $40

Recommendation:

Bring Wilmington parking fines to a level that’s comparable with the region – suggested fine, $25.

Item #3: Attitude, courtesy, and professionalism of Parking Authority Staff

With several examples offered of illegitimate tickets issued (tickets to residents who have residential stickers, tickets for overdue meters while time is still on the meter, etc.) as well as complaints about treatment by Division of Revenue staff when trying to resolve ticket issues, it may be time to focus on the following:

1. keeping accurate records of tickets that are appealed and overturned on appeal
2. offering city residents, business owners, and visitors an opportunity to publicly recognize city workers for acting in a professional, courteous manner
3. offering training for professional development to city workers


Item #4: Parking kiosks

As more people are moving to a cashless society – and more cities are using parking kiosks to offer better service, the city of Wilmington should explore using these devices (this can also help for future planning by keeping an accurate record of peak times for using certain spaces).

Item #5: Loading zones

While some cities, like Wilmington, require business owners to use only commercial vehicles while using loading zones, it may be more business friendly and encourage more entrepreneurs if Wilmington were to adopt a policy like Milwaukee’s, which simply states:

“Loading zones are to be used for the purpose of, and while actually engaged in, loading or unloading property or passengers. Loading zones are not considered parking places and will be enforced accordingly.”

Item #6: Extended Time in certain areas

While a 2-hour time limit may be appropriate and necessary for parking along Market street and some of the more congested areas of the city, there are businesses in other parts of the city where business meetings can run over two hours and where the demand for parking is not high. Some of these areas also do not have garages or lots that offer hourly or daily rates, and may only be open to monthly parking.

The city should consider a 3-hour time limit in some neighborhoods.

Item #7: Parking Validation Program

City Code Section 37-281 and 37-282 authorizes a Downtown Parking Validation Program – this program should be put in place for two reasons:

1. to be in compliance with city code
2. to provide downtown business owners an opportunity to provide the service they would like to their customers

Sec. 37-281. - Authorization and fund.
There is hereby established in the city treasurer's office a new enterprise fund, which shall commence as of August 1, 1993, and beginning in fiscal year 1995 shall be included in the annual operating budget ordinance, and which shall be a special fund to be known as the "Downtown Parking Validation Program Fund" to be funded by parking meter revenues. The purpose of the fund is to cover the costs incurred in administration of the program herein authorized.
(Ord. No. 93-047, § 1, 7-8-93)
Sec. 37-282. - Parking validation program.
(a)
Participation. The parking validation program shall consist of a service to be coordinated by the department of commerce and the economic development corporation ("WEDCO") to enable participating merchants, businesses and firms to validate the parking of their respective customers or clients, provided that a minimum threshold amount worth of purchases or fees incurred shall be required. The participating merchant, business or firm shall provide to the eligible customer or client a stamp equivalent to one hour of free parking at any participating off-street parking facility, the full cost of a DART one-way bus fare, or an amount off the price of a taxicab fare.
(b)
Costs. The cost of the parking validation program shall be borne by the participating merchant, business or firm, the participating parking facility and the city.
(c)
Administration. WEDCO is hereby authorized to promulgate rules and regulations approved by the department of commerce in connection with the administration of the downtown parking validation program, subject to the approval of the administrative board. Such rules and regulations may include but not be limited to the determination of initial funding, establishment of printing and promotional material, program support material, designation of a full-time agency person to administer and manage the program, and establishment of legal agreements subject to approval of council for participants, banks, parking facilities, bus and cab companies as may be deemed necessary.
More:

This list is by no means all-inclusive, there are several other issues that can and should be addressed and resolved with the help and support of the Wilmington community.

It is our sincere hope that the city of Wilmington will review these recommendations and work with the residents, business owners, and visitors to the city to make Wilmington, Delaware a model city for all.


Respectfully submitted,

Ken Grant
302-588-4151

Thursday, December 15, 2011

Can't believe I didn't post this sooner...

True confession - I failed you.

I read about this a couple of weeks back and didn't think to post it at the time - it's good and useful information you should know about.

I apologize for not getting this posted sooner:


Free Holiday Season Parking in Downtown Wilmington November 26 through December 31

Posted on  11/21/2011 3:25 pm
Parking during the holidays is very convenient in downtown Wilmington! Beginning November 26 and lasting through December 31, the City of Wilmington’s on-street parking meters will be free beginning at 12 noon each day. Specific time limits for spaces still must be adhered to, but there is no need to place coins in the meters after 12 noon.
 

I think this is accurate:

In doing heavy research (Google) into various parking issues, I came across this interesting piece from Garrison Frost, written in 2006. the whole post is worth a read, but I thought his rundown of the stages of getting a parking ticket are spot on:


the Eight Stages of Getting a Parking Ticket:
  1. Curiosity. Wha's this on my windshield?
  2. Surprise. It's a parking ticket!
  3. Indignation. I can't believe they gave me a parking ticket.
  4. Outrage. This isn't fair.
  5. Resistance. I'm going to fight this ticket.
  6. Activism. I'm going to get the guy who issued this ticket fired. And then I'm going to expose this unjust system that targets innocent tax-paying citizens and takes their money to fund useless government bureaucracy and pork.
  7. Analysis. You know, I have a lot of other things going on in my life right now that are more important than fighting this ticket.
  8. Acquiescence. I'll just pay the stupid thing and be done with it.