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Mayor Rigby reminded of the pending motion before Council, made by Councilmember Zemanek
<br />and seconded by Councilmember Kaminski, to change the Ordinance wording from "specifically
<br />authorized to accommodate truck parking" to "specifically designed and marked to safely
<br />accommodate truck parking"; and it was put to a vote. MOTION FAILED.
<br />Ayes: Councilmembers Engelken, Kaminski, Zemanek and Mosteit
<br />Nays: Mayor Rigby, Councilmembers Martin, Moser and Leonard
<br />Absent: Councilmember Clausen
<br />Councilmember Martin moved to hire a consultant and form a citizen action committee to work
<br />hand -in -hand with law enforcement and Legal and come up with an ordinance that addresses all of
<br />Council's concerns. Councilmember Kaminski seconded. MOTION PASSED.
<br />Ayes: Mayor Rigby, Councilmembers Engelken, Kaminski, Martin,
<br />Moser, Leonard, Zemanek and Mosteit
<br />Nays: None
<br />Absent: Councilmember Clausen
<br />Councilmember Zemanek made a motion to continue monitoring and citing the violators as the
<br />ordinance calls for currently, stating he wants to enforce the ordinance as written. Mayor Rigby
<br />asked if that includes the trucks at the Port Auto Truck Stop? Councilmember Zemanek said, "No."
<br />Mayor Rigby stated if it is enforced as it is written, they would be in violation.
<br />Councilmember Martin asked whether the term "the spirit of the law" is a legal term. Does it allow
<br />the police officer to determine who should be ticketed? Chief Adcox stated that is called police
<br />discretion. The question was out of 136 violations, why did only 20 result in a ticket. If an officer
<br />spots a truck at the Burger King, there is a 100-percent zero tolerance enforcement that's been
<br />directed. And that means that they have to take enforcement action on any violation that they
<br />observe. The type of enforcement action in policing, across the nation, is the officer has discretion
<br />on the totality of the circumstances what they think is most appropriate. And that could range from
<br />a verbal warning, a written warning, it could be a citation, or it could be an arrest. So, in the
<br />majority of those cases, if they are nonhazardous, not plackarded loads, parked responsibly other
<br />than they violated our ordinance, my instinct is that the officers felt it was appropriate to ask them to
<br />leave and not give them a ticket. But that is police discretion; that's what you are seeing.
<br />Councilmember Martin said it makes sense to put up some `No 18-Wheeler' parking signs, which
<br />might help to solve some of the problems. Mayor Rigby asked if the City can put up signs on
<br />private property? The consensus answer was no.
<br />Chief Adcox further stated that he would be remiss if he did not clarify that there is no violation at
<br />all, including hazardous violations, and these are typically nonhazardous violations, where he, as
<br />the Chief of Police, mandates that officers write a ticket in every single instance. It is always at the
<br />officer's discretion. He, as the Chief of Police, would not be comfortable with that kind of a
<br />mandate.
<br />Mayor Rigby asked Chief Adcox if he had received a directive for zero tolerance from the City
<br />Manager. Chief Adcox clarified — zero tolerance, as far as enforcement action goes. He further
<br />stated that while the City Manager has indicated how important it is to enforce this ordinance, and
<br />they had discussions about it, the direction came from himself to his officers.
<br />Mayor Rigby then stated that with the pending motion, if it passes, the direction would be to enforce
<br />the ordinance city-wide, including Port Auto Truck Stop.
<br />Councilmember Zemanek stated, to make it easier, he withdrew his motion, citing the City already
<br />has an ordinance in place to be enforced.
<br />Councilmember Zemanek then addressed Chief Adcox stating we have 136 violations, with 20
<br />citations being issued; and he'd be willing to bet none of these people pay taxes in the City. He
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<br />January 27, 2014, Council Meeting Minutes
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