John...here's the discussion at the town council:
3. Abandoned watercraft fine amount
Mr. Burdette stated that council needs to set the minimum/maximum fine for this ordinance. Mr. Burdette stated that State Law allows that the fine range from $1,000 to $5,000 but with the assessments that go along with the fines a $1000 fine becomes approximately a $2,000 fine and a $5,000 would be approximately $10,000.
Ms. Kirvin stated that she had also calculated the price of a $2,500 fine which would be mid-point and the total with all assessments and surcharges would be $5,242.50. Ms. Kirvin added the amount for a $1,000 fine would be $2,130.00.
Mr. Collins asked if we were identifying the boats and if we have any response from the owners.
Mr. Burdette stated that placards had been placed on the boats but there is a long waiting period and that we are still at that point. Mr. Burdette stated that no one has gone to court yet but it is only a matter of time.
Mr. Burdette stated that he recommends the minimum and maximum fine be set at $1,000. Mr. Burdette added that the $1,000 fine which turns into a $2,000 fine should get someone’s attention.
Mr. Collins asked if this fine was to recoup costs involved in removing the boats or just a fine to someone not responding to removing the boats.
Mr. Burdette stated that this was a punishment and the money goes in the general fund of the Town just like any other fine does and our cost should be very minimal.
Chief Sewell stated that we are still in the placard process and have heard from two of the boat owners.
Mr. Burdette stated that once a $1,000 minimum fine is set it is still in the judge’s discretion
to charge up to the $5,000 maximum fine.
Mr. Young asked for clarification from Ms. Kirvin as to whether we were setting the standard fine/bond amount, and if this would limit the Judge’s authority at all.
Ms. Kirvin answered that it would be the bond amount that the officer will write at the top of the ticket and the minimum will be $1,000 so the total bond will be $2,130.00.
Mr. Young asked for clarification of what was being asked of the committee by way of a recommendation to Council.
Ms Kirvin stated she was asking to set the bond amount.
Ms. Stokes-Marshall asked if the cost factor involved from the notification to giving out of the fines is absorbed in the fine.
Mr. Burdette stated that this is not a cost recovery program that this is a fine and the money goes into the general fund. Mr. Burdette added that whatever it costs the Town to have a boat removed is what it costs the Town. Mr. Burdette added the boats can be salvaged or the boats will go to a land fill.
Mr. Young stated that there is a provision in the statute that the individual can ultimately responsible for all cost. He added that whether the Town can actually recover is an open question. Mr. Young reiterated that there is a separate provision to recover any costs if the owner of the boat can be identified, but the Town has to be prepared for the worst case scenario.
Mr. Collins moved to recommend to full council the minimum/maximum abandoned watercraft fine of $1,000. Mr. Gawrych seconded the motion. All present were in favor.
Mr. Collins asked Mr. Young to clarify if the judge has the ability to increase the fine to $5,000 even though the minimum is set at $1,000.
Mr. Young stated that he will look the statue over and come back with a clarification
Ms. Kirvin stated that the statue indicates that the fine is not less than $1,000 and no more than $5,000 and the bond amount would be the total amount including any assessments and surcharges that the ordinance allows for.
Mr. Young stated that the language is that committee is setting the “standard” fine/ bond amount, with the ultimate decision up to the Judge.
Mr. Collins stated that he did not want to tie the hand of the judges by limiting the maximum amount.
Ms. Kirvin stated the only limitation would be the $1,000 minimum as they would not be able to go any less than that.
Chief Sewell stated that setting a limit gives the officer some guidance one where to start the amount and paints everybody the same.
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Source:
The Town of Mount Pleasant Online Mount Pleasant, South Carolina
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Finally on 5/2 at the Mt. Pleasant Town Council:
"2. Abandoned watercraft fine amount.
Mr. Burdette stated, after much discussion, the Committee voted
that the fine/bond be $1000 and with assessments that would amount
to approximately $2,500. Mr. Burdette stated they have since
discussed this with our Judges and he asked Ms. Levica Kirvin to
present what the Judges propose.
Ms. Kirvin stated the Judges would like to see Council approve the
mid-range which would be $5,242.50. That amount would get
everyone’s attention, and would allow them the discretion to go
lower or higher on the fine, up to $10,000 on a $5,000 fine.
Town Council Meeting
May 12, 2009
Page 19 of 25
19
Mayor Pro Tem Smith asked if the Judges were asking to set the
minimum fine at $2,500 and increase it to $5,000 with assessments.
Ms. Kirvin answered in the affirmative.
Mayor Pro Tem Smith asked if there was any discussion among
Council because this differs from what the Committee had
discussed.
Mr. Santos moved to approve the judges’ recommendation for the
$2,500.00 as a minimum fine with the extra assessments added that
amount to $5,242.50; motion seconded by Mr. Gawrych. Motion
carried unanimously.
Source: http://www.townofmountpleasant.com/d...02009%20TC.pdf
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