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33 Crim. Just. Pol'y Rev. 3 (2022)

handle is hein.journals/cjpr33 and id is 1 raw text is: Article
Criminal justice Policy Review
2022, Vol. 33(l) 3-22
A   Case      Study of Municipal                                © The Author(s) 2021
Article reuse guidelines:
Taxation         by Citation                             sagepub.com/journals-permissions
DOI: 10.1177/08874034211020353
journals.sagepub.com/home/cjp
OSAGE
Dick M. Carpenter II',          ,
Kyle Sweetland', and Jennifer McDonald'
Abstract
This study examines taxation by citation-local governments using code enforcement
and the justice system to raise revenue rather than solely to advance public health
and safety. It does so through a detailed case study of Morrow, Riverdale, and
Clarkston, three Georgia cities with a history of prolific revenue generation through
fines and fees from traffic and other ordinance enforcement. Results suggest taxation
by citation is a function of the perceived need for revenue and the ability to realize it
through code enforcement. Moreover, the phenomenon may be a matter of systemic
incentives. City leaders need not be motivated by simple rapaciousness. They may
see fines and fees revenue as the answer to their cities' problems. Once in effect,
the mechanisms necessary for taxation by citation-such as highly efficient court
procedures-may stick, becoming business as usual.
Keywords
fines and fees, taxation by citation, municipal courts, code enforcement, traffic
citations
Introduction
This article presents a case study of three cities that have historically generated sub-
stantial revenues from fines and fees associated with city ordinances. Cities have long
generated revenue through citations and traffic tickets, but widespread awareness
about the extent to which municipalities depend on such revenue is rather recent.
'Institute for Justice, Arlington, VA, USA
2University of Colorado, Colorado Springs, USA
Corresponding Author:
Dick M. Carpenter II, University of Colorado, 1420 Austin Bluffs Parkway, Colorado Springs,
CO 80918-3733, USA.
Email: dcarpent@uccs.edu