CLAMPING BACK ON THE AGENDA
DEVLIN MAKES ANOTHER & FINAL
PUSH TO STOP IT!
May 2007
In February the Councillors demanded the Manager to halt his plans for clamping. But despite it being agreed in February that the Manager would leave it until July to decide the outcome of clamping however an advert in the press stating the Council's new policy and Cllr. Devlin along with cross party support, tabled a motion to stop clamping in the county.
Resolution Pursuant to Section 140 of the Local Government Act, 2001, Submitted by Councillors C. Devlin, as well as Labour, Fine Gael and a Green Party Councillor.
We the Members of Dun Laoghaire Rathdown County Council pursuant to Section 140 of the Local Government Act 2001 hereby require and direct the County Manager to adhere in word and action, to the policy adopted by this County Council at the introduction of Pay & Display Parking Scheme for Dun Laoghaire Rathdown in 2002, where the Council decided that clamping would not be a part of the scheme.
The following report of the Manager, copy of which had been circulated to the Members, was considered:
14/5/06
On the 12th February 2007, a resolution pursuant to Section 140, and identical to what is proposed tonight, was defeated.
On the 12th February 2007, the following motion was put to the meeting
To defer the introduction of clamping until the 1st June to allow time for further consultation with the Business Community and to fully exploit the availability of court time.
This Motion was carried.
Since February the following actions have been taken.
1. Parking Consultants Ltd. were commissioned to undertake a study into the impact on the Business Community of wheel clamping as a parking enforcement measure in the three Irish Cities where it is currently used, i.e. Dublin, Cork and Galway
2. Two public information sessions were organised for the Business Community so that Council Officials could clarify its proposed parking control policy and especially the introduction of limited clamping for persistent offenders.
3. Public advertisements were placed to correct some of the misconceptions among the public in relation to the proposed policy.
4. Considerable effort is being put into processing unpaid fines through the Courts
While the central conclusion of Parking Consultants Ltd. report was that there is no evidence to support concerns regarding the adverse economic impact of parking enforcement and clamping on business, our public information sessions demonstrate that the fear of an adverse impact on business is central to the opposition to the introduction of limited clamping
The public information sessions were not well attended (6 persons at both sessions) and the fear of clamping and its perceived impact on business is especially strong in Dun Laoghaire Town Centre.
The business people in Dun Laoghaire also made the point that they considered the introduction of clamping as premature pending an aggressive policy of taking offenders to Court and the preparation of a traffic management plan for the town which would outline how issues relating to signage, through traffic, access to car parks etc. are to be dealt with
Traffic Management Plan:
In relation to the Traffic Management Plan for Dun Laoghaire a report was brought to the Area Committee in April. Preparations are currently being made to commence public consultation on aspects of the proposed plan, which impact on the town centre.
In these circumstances it is expected that a Traffic Management Plan for the town will be finalised by the end of 2007.
Court Proceedings:
Court proceedings are now being aggressively taken against those who do not pay their parking fines.
The following court dates have been secured: 11th May 07, 8th June 07, 12th October 07, 9th November 07, 14th December 07, 11th January 08, 8th February 08, 14th March 08.
The status of fines over the past number of months is as follows:-
Offence DateAction Nos
September 2006Summons served 735
October 2006 Warning letters 964
October 2006 Summons served 720
November 2006 Warning letters 864
The summons for September 2006 offences (735) will be dealt with over three court sittings (May, June and October)
The summons for October 2006 offences (764) will be dealt with over three court sittings (November, December and January 2008)
If the number of unpaid fines were to stay at the current level there would be a requirement for approximately 36 court sittings per annum to deal with unpaid fines.
It is estimated that in 2006 that 50% of unpaid fines were generated by persistent offenders. If limited clamping targeted at persistent offenders is introduced it will greatly reduce this level of unpaid fines with a consequent benefit for the County Council and the Courts.
A report of the outcome of our recent court date is as follows
Summons served 239
Unable to serve 24
Returned 54
Paid 25
Convictions 83
Struck Out 37
Adjourned 1
Paid before Court date16
Total 239
Clamping:
The rationale for the introduction of limited clamping targeted at persistent offenders as outlined in the Manager’s report to the meeting of the 12th February remains unchanged. This additional enforcement measure should proceed as planned from June 1st 2007. However, because of the concerns of the Business Community in the Dun Laoghaire Town Centre and the long delay in bringing forward a Traffic Management Plan for the town, it is proposed to defer the introduction of clamping in the Town Centre until such time as the preparation of a Traffic Management Plan for the town is completed.”
A discussion took place, during which Mr. T. Loftus, Director of Transportation and Mr. O. Keegan, County Manager responded to Members queries. An adjournment, for the Members to consider the Resolution pursuant to Section 140 of the Local Government Act 2001, was requested and AGREED.
Reconvening of Meeting
The meeting reconvened at 6.45 p.m
A discussion took place, during which Mr. O. Keegan, County Manager responded to further queries of the Members.
It was agreed to adjourn the meeting again for Councillors to consider the Resolution pursuant to Section 140 of the Local Government Act, 2001.
Reconvening of Meeting
The meeting reconvened at 7.00 p.m.
The Resolution was PUT
A roll call vote was requested, the result was as follows:
COUNCILLORS:
FORAGAINSTABSTAINED
Bailey, John F. √
Bailey, Maria √
Baker, Marie √
Bhreathnach, Niamh √
Butler, Larry √
Childers, Nessa √
Conway, Barry √
Corrigan Maria √
Cosgrave, Louise √
Culhane, Aidan
Devlin, Cormac √
Dillon Byrne, Jane √
Fallon, Ciarán √
Fox, Tony
Hand, Pat √
Horkan, Gerry
Ireland, Kealin √
Joyce, Tom √
Kivlehan, Tom √
Marren, Donal √
Matthews, Trevor √
McCarthy, Lettie √
Mitchell O’Connor, Mary √
O’Callaghan, Denis √
O’Keeffe, Gearóid √
O’Leary, Jim
Regan, Eugene √
Smyth, Carrie √
An Cathaoirleach, Councillor Eugene Regan declared the resolution carried.
Mr. Owen Keegan, County Manager advised the Members that he would seek legal advice on the status of the Resolution and whether he was obliged to have regard to it, especially in light of the financial shortfall that would be created in the Budget for 2007 adopted by Council.
Mr. Owen Keegan, County Manager advised the Members that he would seek legal advice on the status of the Resolution and whether he was obliged to have regard to it, especially in light of the financial shortfall that would be created in the Budget for 2007 adopted by Council.
