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Wilmington, Del. —
The new instant ticketing ordinance introduced at last week's New Castle County council meeting raised concerns and skepticism at Tuesday's Land Use Committee meeting.
If passed, the new law would give residents a chance to appeal their tickets before having to pay the fine.
If the appeal is won, no fine has to be paid but if it is lost, the tickets plus a $20 appeal fee has to be paid.
"The fee plus the fine is a deterrent for folks to appeal," said councilman Bill Bell (D- Middletown). "It's one more obstacle for those who feel they have the right to appeal."
The appeal would be able to be made in person or by paper. Paper appeals will carry no fee.
The ordinance was introduced by Councilman John Reda (D-Elsmere), after residents challenged the current law’s constitutionality in court. Currently, residents cannot appeal instant tickets issued before they pay the fine.
Even though the new system would give the chance for appeals, Bell said he felt that a system was being built that would still deter folks from their right to appeal because of the additional $20 they would have to pay if they lost.
About 5 percent of those who received tickets from code enforcement officers last year appealed, and more than half won their case.
But Reda said that if a resident were to take their case to the courts, the fees would be much higher whether they win or lose.
Residents in his district have been saying that they would like to see more code enforcement too, he said.
"They want to keep their neighborhoods up," he said.
"It's a shame we have to make people trim their grass," Councilwoman Janet Kilpatrick (R-Hockessin) said. "It's part of what they should be accepting when purchasing a house."
The new instant ticketing ordinance introduced at last week's New Castle County council meeting raised concerns and skepticism at Tuesday's Land Use Committee meeting.
If passed, the new law would give residents a chance to appeal their tickets before having to pay the fine.
If the appeal is won, no fine has to be paid but if it is lost, the tickets plus a $20 appeal fee has to be paid.
"The fee plus the fine is a deterrent for folks to appeal," said councilman Bill Bell (D- Middletown). "It's one more obstacle for those who feel they have the right to appeal."
The appeal would be able to be made in person or by paper. Paper appeals will carry no fee.
The ordinance was introduced by Councilman John Reda (D-Elsmere), after residents challenged the current law’s constitutionality in court. Currently, residents cannot appeal instant tickets issued before they pay the fine.
Even though the new system would give the chance for appeals, Bell said he felt that a system was being built that would still deter folks from their right to appeal because of the additional $20 they would have to pay if they lost.
About 5 percent of those who received tickets from code enforcement officers last year appealed, and more than half won their case.
But Reda said that if a resident were to take their case to the courts, the fees would be much higher whether they win or lose.
Residents in his district have been saying that they would like to see more code enforcement too, he said.
"They want to keep their neighborhoods up," he said.
"It's a shame we have to make people trim their grass," Councilwoman Janet Kilpatrick (R-Hockessin) said. "It's part of what they should be accepting when purchasing a house."
