Fox 32 aired an interesting investigative piece Wednesday night.
Reporter Dane Placko discovered that LAZ Parking, the operational partner of Chicago Parking Meters, LLC, has a fleet of vehicles which do not have any Chicago city vehicle stickers.
A nice “gotcha” moment right?
Well yes, and no and maybe.
The Geek had been tipped multiple times on the same topic. I made a some cursory looks into it, but didn’t really see it as a huge issue. The problem? The way the municipal code is written. As far as I could tell, even without city stickers on their vehicles, LAZ was still operating their vehicles legally. Here’s the municipal code.
3-56-020 License required.
It shall be unlawful for any motor vehicle owner residing within the city to use, or to cause or permit any of the owner’s agents, employees, lessees, licensees or bailees, to use, any motor vehicle or any other vehicle upon the public ways of the city or upon any city-owned property, unless such vehicle is licensed as provided in this chapter…
You see, from my research, the entire LAZ fleet is leased.
In other words, they don’t own the vehicles they’re operating. And the registered owner’s address is outside the city. In fact, from my research, many of the vehicles have out of state license plates. So, according to a strict reading of the law, these vehicles don’t require a city sticker.
In addition, there’s no language I could find within the parking meter concession agreement that requires CPM or LAZ to own their own vehicles or prevents them from leasing their vehicles from a source located outside Chicago.
One would understand why LAZ didn’t think it needed city stickers for these vehicles–because the law specifically states they don’t need to.
Being confused and curious, I wanted to find out more. So I got in contact with Kristine Williams, spokesperson for the City Clerk’s office.
The way Williams explained it to me, long term leased vehicles, based and operating within the city limits, are required to purchase a city sticker, according to the city’s Law Department interpretation of the law.
“A person who leases a vehicle is usually responsible for purchasing a city sticker,” says Williams. “This is the VAST majority of the cases. It will read in the person’s lease that they are responsible for complying with all local licensing (includes city stickers). More importantly, if your vehicle is principally garaged in the city for more than 30 days, you are responsible for purchasing a city sticker.”
Of course, while all of this stuff makes a helluva lot of sense, how would LAZ, or anyone leasing a vehicle in Chicago, know this if it’s not spelled out in the municipal code?
The Law Department seems to be inferring a lot of specific behavior out of very straight ahead legal language.
From a public relations point of view, LAZ would have been better served by purchasing city stickers for all their vehicles–even if they were leased. Considering this highly visible company is generating a lot of dough operating Chicago’s parking meter system, it certainly doesn’t look good for their vehicles not to be sporting a city sticker like all the rest of us.
I believe that was the main point of Placko’s piece and I guess I buy that.
Since Fox 32 began looking into it, LAZ decided to purchase city stickers for their entire fleet.
But, in my opinion, it’s easy to “interpret” the law to mean anything you wish. But this leads to problems and confusion.
If the city wants to end confusion on this issue, and make things perfectly clear on leased vehicles, the municipal code needs to be cleaned up and/or re-written.
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You have to read the definitions in 3-56-010.
“Owner” includes a lessee, licensee, or bailee of a motor vehicle having the exclusive use thereof, under a lease or other similar contractual agreement for a period of not less than 30 days.
So, as long as LAZ is leasing these vehicles for longer than 30 days, they are considered the owner under 3-56-020.
What you said would be an enormous hole if that definition didn’t exist. Think about all the people that lease their own cars. Technically those are owned by some finance company often in another state.
We had this argument, or debate, awhile back.
If a vehicle is in the city continously for 30 days, then according to city code, it needs a city sticker. YES, out of state plates that call Chicago home day and night, need a city sticker.
I didn’t write it, I don’t agree it, but that’s just how it is.
I know people whose cars are registered out of state and display those state’s plates and they bought city stickers becasue they have been ticketed. They fought the tickets and won, but rather than have the hassle they found it easier to buy a city sticker. That’s all that’s fit to print.
I wonder if LAZ paid the $40 late fee on all those city stickers they just purchased (6 months late).
GLG-
You make a good point, but this section of the muni-code’s definition of owner I believe contradicts the definition of “owner” in the eyes of the State of Illinois and for the purposes of Administrative Hearing process.
My main point here and above is the city council should strive to make the law as clear as possible, so citizens don’t struggle to understand or to follow the law.
Just write these interpreted rules into the law so the muni code is not so open to interpretation or forcing people to chase all over the muni code to locate the definition of “owner”, which, like I said, is possibly different than in other places of the code.
But PTG, that would make sense, and make things easy, and bring in less revenue…
This Fox story just put more money into Daley’s greasy mitts . . . Bravo.
I’d have more respect for Richie if he just went out and spent it on hookers and blow. The current fiscal “Three Card Monty” he’s playing will end badly for all of us.
But how does LAZ explain not paying for parking at a meter? Wish I had had my camera at the time!
What we were told is that any marked Laz vehicle on a meter can be considered to be servicing their concession, and thus not in violation…..If we see LAZ personnel actually working on the meters/pay boxes.
But here is the Rub………..LAZ carry pre-printed receipts that are good from 8am to 9pm of the day in question…….for their vehicles and for courtesy handouts in case of paybox issues…so there is no reason for any LAZ vehicle to Ever have an Expired Receipt…….since they can process one from any machine at any time……and legally cheat the system.
DoR is correct.
LAZ vehicles in the field, working on meters, etc., get to park for free and technically should not be ticketed.
If the driver is having lunch though and doesn’t have a receipt, they wouldn’t get that consideration and could be ticketed.
However, sources tell me that because of the language in the concession agreement, it’s VERY easy for them to fight these tickets and get them dismissed.
As far as cheating the system, they would only be “cheating” themselves. CPM/LAZ gets all the meter revenue, so no one is out anything is they park for free.
Whoa, I think everyone is taking this a little far. LAZ, or whoever the fuXX you wanna call them, own the meter. They aren’t going to be ticketed for working/parking at their spots. Yes, essentially they own metered spots. It may be debatable, but they own them from 8a to 9p.
Just like there was a big deal about city vehicles parking at meters before the meter deal. The city owns the meters so most everyone ignored city vehicles parking there. I’m sure this will continue and who cares. If an M plate vehicle skips the meter, who cares. That money would go to a private entity anyway.
Going full circlem, LAZ operates in Chicago. Their vehicles should have stickers. (Period). Everything about this city is designed to stick it to the working man.
Mike sez…
“Going full circle, LAZ operates in Chicago. Their vehicles should have stickers. (Period). Everything about this city is designed to stick it to the working man.”
I totally agree Mike. If we could just sew up the law more cleanly, then there would be no loopholes for anyone with leased vehicles to escape buying city stickers.
Mike….one comment.
Laz does NOT own the meters.
Its A Lease.
They lease them from 8am – 9pm.
DoR Employee,
Yes, you are correct that LAZ leases, doesn’t own, the meters from 8a to 9p.
It’s a 75 year lease. I don’t think most of us will be around in 75 years. I’ve known people who’ve leased cars. Those leases generally last less than 5 years.
A 75 year lease almost equals ownership. In 74 years and 364 days, tell me it’s lease. I don’t think either of us will be around. They own them for the forseeable future.
This particular LAZ driver was at an actual meter and went into McDonald’s, not to work.