Todd Bischoff
Professor Goates
English 1010

Overnight Controversy

So there you are, snug in your bed on a cold winter's night. With eyes shut you are just about to doze off to la-la land and then you hear the sound of a car engine running. You get up and peep out the window to see what's the matter. Rising up just in time, you see someone putting a parking ticket on your car. You think, "What in the world is going on?" Walking out to see what law is broken, you find out you have been issued a citation for parking on the road overnight in the winter. You are enraged because there is no snow in sight.

The overnight snow parking issue has been a controversy ever since it has been in place. Logan City has a law that reads, "No person shall park a vehicle on any street without it being attended by someone able to immediately remove the same, between the hours of 1:00 A.M. and 5:00 A.M. of any day from November 1^st to March 31^st (ordinance paper). The fine for the citation is $15. The reason behind the ordinance is for the snowplows that need to move swiftly through 600 miles of Logan roads. During the winter there are about 4 to 6 storms that require the full city effort (Blumlein 1).

The controversy over the ordinance is that through the 150 nights stated, there are only a few nights that the city plows, but citizens of Logan receive tickets daily. "The pansies in our flower beds are blooming. The city has never cleaned anywhere near the curb in the 30 years I have lived here,"says resident Dan Starks. John Tanner said, "I drive to school in the mornings and see 35 cars with orange tickets on the windshields"(Blumlein 1). There are many people who don't even know that the laws exist and they have to pay. There must be a better way.

Logan City has hired the Parking Authority, a private company to enforce parking. Manager Shelley Lofthouse says the issue is not a problem and is greatly enforced. "It has to be in place every night, regardless."Lofthouse says. Ticket writer Jeremy Thorpe received 5 tickets before he worked for the company. "I got them even on warm nights, but had to deal with it. It took me working here to really understand why." He learned why it is important that cars should be off the road, but thinks people shouldn't get tickets when it doesn't snow. He says fines should increase when it does.

There has been sufficient effort taken by citizens and council members to change the ordinance. Councilman Tom Kerr has tried to spearhead the debate. He said in a recent city council meeting that, "We need to reconsider winter parking. Especially when it doesn't snow for weeks on end, yet no one can park in the street. We could give the city crews a few days after it snows to clean everything up and then allow parking on the street again"(Blumlein HJ2). Kerr proposes that the cars be towed on nights when it snows. Then the city can have 72 hours to clean everything up. When it doesn't, and after streets have been plowed, cars can freely park on the road. The problem, Lofthouse says, is "Where are we going to store that many cars each night?" Kerr says the law is discriminatory because it punishes those who don't have means to park off the road, those without driveways and garages (Blumlein 8). With all these conflicting ideas there is obviously a controversy. With this problem there needs to be a solution.

On Sunday, March 19, 2000, we received one of the largest snowstorms of the year. It seems ironic that the ordinance was lifted early the week before due to no snow. Dee Hadfield, manager of the Logan streets department said, "I don't know what to tell you É.Now we are stuck working around cars"(Herald Journal 1). Lofthouse said we called off the ban early. "That's the way it goes. Such is life"(Herald Journal 1). Enden Nelson, resident of Logan, says, "The city should be fairer and more lenient with regard to the issue."

Some might think that the city of Logan is unique with regard to this issue. But that is not so. Throughout Northern Utah most cities have ordinances like the one in Logan. For example, Kaysville, UT has the exact same type of law. Resident Jon Taylor says it doesn't serve them at all. He says plows rarely hit subdivision streets because these roads are low-priority compared to other busier streets. Taylor even claims the ordinance damages cares. He says for all the wear and tear due to removing cars so often it cost residents 2 million dollars (Arave B2). Ned Hamblin, Mayor of Clearfield, was quoted as saying, "Streets are right of ways, not parking lots"(Arave A12). The entire David County enforces the law. They are flexible with regards to visitors. There is a telephone number that people can call to inform the city of their problem (Rosebrock B3). In Salt Lake City, road crews will not plow at all: they will proceed to the next street free of obstruction (Deseret News B1).

Like Logan, there are also problems. Most citizens complain about it. In Spanish Fork, citizens accused the police of selectively issuing tickets to residents. The police would hit certain areas on certain nights, but not hit all cars every night. With regard to the Spanish Fork ordinance, councilman Jack Liefson says, "It's inconvenient for all of us. But I think the same thing will happen to us É. We have some responsibility to others—a lot of it is your mentality"(Deseret News B1). All problems are common throughout the state: people are being treated unfairly, there is a lack of understanding, and there is enforcement when there is no need of it.

The facts stated before show that there is a problem. On one side is the city government that wants its laws enforced. It wants to improve the quality of life for everyone by having snow-free roads in the winter. It wants people to be safe. On the other side are the citizens who think the law is unfair. I'm positive that they want clean roads, but through a better way that works.

I work for the Parking Authority, so some might think I'm biased towards this issue. But that is not so. I remember the first night I went out to be trained to issue these citations. I can still see all those cars parked on the street. I remember saying to myself "half of these people probably don't know, and the rest of them probably have forgotten." If I knew I was going to receive a fine, I'd try to get my car off the road. But we are not perfect; everyone forgets once in a while. But then I also remember those people that didn't care. Night after night they would get a ticket. Finally it would bug them and they would move their cars.

I actually feel bad as I drive around at night issuing citations when there is no snow. But throughout the winter months I had to get up at 1:00 A.M. to work. It was hard, especially when I had a 7:30 class the next morning. All this goes to show that even though I might work for the company, it does not mean that I agree with the law. It's actually of the law of Logan City; I just get paid to enforce it. I don't tell many people about my job because sometimes I feel embarrassed when people always complain about the problem. If they found out I was the one that did it, I can imagine them wanting to beat me up!

I feel that I can see both sides of the issue. Working for the company, I have the chance of listening to citizens appeal their tickets. The majority say they didn't know, or they say they are from out of town, or simply don't have anywhere else to park. As I listen to them complain about it, I really understand where they are coming from. Like Mr. Thorpe said, it really took me working there to understand why the ordinance is in place and understand the public's opinion.

There is a rule of law. There are three points to the rule. First, it states that people must know the law. They must know there is a law for parking overnight parking during the winter. Second, they must know there is a punishment for breaking the law. People will be issued citations for parking overnight. Third, if you break the law you pay. People pay money for every ticket they receive. The third aspect of this law is greatly in effect. But what about points one and two? Some people might know, but what about those thousands who have no idea? They also have no idea there is a penalty for it. Who in their spare time thinks about the way snowplows move and what they need to be efficient? Especially from one to five in the morning!

All solutions proposed have their strong points, but are not fully effective. Some people want everyone who parks overnight to receive a ticket. Others think this ordinance shouldn't even exist. These are both sides of the argument that go to the extreme. There should be a way to meet in the middle.

Logan City should have the ordinance state that cars parked on the road while it snows should receive tickets. When it doesn't snow, there should be freedom of parking on the road. Someone from the Parking Authority should be on call overnight to wait to see if it snows. Some college students would love to sit around studying while they work. When it does snow, they can drive around to issue citations. There should be justice and mercy. Enforce the law, but understand when there are things that are uncontrollable.

Some might ask, "How are we to know when it snows?" With the technology of today there are sufficient instruments that more or less predict when it will snow. Weathermen usually know what they are saying, and if in doubt, people should move their cars. And if residents forget, there should be the three-strikes-you're-out rule. The first three times people get tickets, they should only receive warnings. The fourth they should have to pay.

With the lack of knowledge, the city should further publicize the ordinance in order to inform the public. The city should make a special effort to inform those who don't understand or don't know about the law, especially those that attend Utah State University. Those that are visiting Logan should receive special treatment according to their circumstances. How would you feel if you visited a city and received a ticket because of a law that you had no idea about? I'm sure you would leave with a bad impression. The city of Loan wouldn't want that to happen either.

The city should publish information in the local newspapers and do all that's possible to make the issue well known, maybe even going to the extent of putting up signs around the city during winter months. There are many apartment complexes and houses that do not have sufficient parking, due to college kids. These people that do not have driveways or garages should inform their landlord and he or she should provide parking. If not, those people should receive special permits to park on the road.

If we want the solution to suit the people, the people must do something about the problem. They can't just sit around and complain that action needs to be taken. Each week in Logan there are city council meetings where the public can bring their opinions to the local government. In our democratic government the people will be heard, and treated fairly. If there are enough citizens that petition and make themselves known, something has to change.

With all the modifications herein stated, the ordinance will run smoothly. The city will be able to plow, and residents will be treated fairly. But until the people raise their voice, nothing will happen. Lofthouse says, "The public has input. To change the law they have to put their voices in the matter; they have to be the advocates for change."

Bibliography

Arave, Lynn. "Kaysville urged to revise seasonal ban on parking."
          Deseret News 22 Dec. 1997 B2.
         --- "Clearfield reaffirms winter parking ban."Deseret News 2 Dec 1995 A12.

Blumlein, Ann. "Parking Curbs up for input."Herald Journal 19 Jan 2000.
         --- "Winter parking rule fought."Herald Journal 06 Jan. 2000.
         --- "Winter parking rules to stay."Herald Journal 20 Jan. 2000: 1.
         --- "Late storm hits week after city lifts ordinance."Herald Journal 20 Mar. 2000: 8.

"City winter parking ban a case of over-dressing."Herald Journal 23 Jan. 2000:1

"Don't park on snowy roads."Deseret News. 16 Dec. 1991: B1

Lofthouse, Shelley. Personal Interview. 24 Mar. 2000.

Logan City Ordinance Paper

Nelson, Enden, Personal Interview. 24 Mar. 2000.

Rosebrock, Don. "On-street parking at night off limits in Davis County."
          Deseret News 21 Nov. 1988.

"Spanish Fort accused of not following law on overnight parking."
          Deseret News 22 Dec. 1989: B1.

Thorpe, Jeremy. Personal Interview. 24 Mar. 2000.