Loading...
(A) The Chief of Police is authorized and directed to supply officers with parking tickets, for the purpose of giving notice to persons violating any provisions of this title or other laws or ordinances affecting the use of streets. The notice may be given by delivering such ticket to the violator, or by affixing it to the vehicle by means of which the violation occurred. The parking ticket shall direct the offender when and where to appear to present the ticket for payment.
(B) In the event the offender desires to contest the parking ticket, the procedure as outlined by KRS 82.620 et seq. shall be followed.
(C) Nothing in this section shall be construed to abridge the power of a police officer to arrest any violator and take him or her into custody for traffic violations where the penalty for its violation may result in incarceration upon conviction by the District Court.
(Ord. 2019-5, passed 4-17-19)
(A) Any police officer may impound or immobilize any vehicle parked, stopped or standing upon a street or public way in violation of any of the provisions of this chapter or the Kentucky Revised Statutes prohibiting parking, stopping or standing in the location, manner or at the time the vehicle is cited, or if such vehicle has any currently outstanding delinquent parking tickets, or for any other lawful reason. Any person desiring to redeem any such impounded or immobilized vehicle, in addition to the fines levied, including payment of all outstanding fines levied for any parking or traffic offense, shall also be liable for a fine and towing, handling and storage charges which are reasonable, and which are set forth below:
(1) Towing fee (including loading): Cost incurred for towing vehicle;
(2) Storage fee: Thirty-five dollars ($35) per day, beginning at 12:00 noon on the day following the impoundment of the vehicle;
(3) Handling fee: A ten percent (10%) handling fee shall be added to the amount owed for towing and storage to cover handling/administrative costs, with a minimum handling fee of twenty-five dollars ($25).
(B) An impounded vehicle shall be released only upon proof of ownership or right to possession.
(C) Any owner of an impounded motor vehicle shall have the right to request a hearing to determine the validity of such impoundment under the terms and conditions as set forth in KRS 82.625.
(Ord. 2019-5, passed 4-17-19; Am. Ord. 2021-5, passed 8-18-21)
(A) If within ten (10) business days of impoundment, any motor vehicle so impounded has not been claimed or a hearing has not been requested to determine the validity of such impoundment pursuant to KRS 82.625, notice shall be mailed by certified mail to the registered owner, if known, and lienholders of record, if any, affording the parties the right within ten (10) days from the date of notice to claim the vehicle or request a hearing pursuant to KRS 82.625. The notice shall state that, if no hearing is requested, the vehicle shall be deemed abandoned unless the charges thereon are paid within forty-five (45) days of receipt of notice.
(B) After forty-five (45) days from the date of notice required by subsection (A) of this section, an impounded motor vehicle shall be deemed abandoned and the vehicle may be disposed of as provided by state statute.
(C) If the vehicle is judged suitable for use, the city may obtain a certificate of registration and ownership from the County Clerk, pursuant to KRS 186.020, and either use the vehicle for governmental purposes or sell the vehicle at public auction to the highest bidder. If the vehicle is not suitable for use, it may be sold for its scrap or junk value.
(D) The city shall possess a lien on a motor vehicle impounded pursuant to KRS 82.625 for all fines, penalties and towing, handling and storage charges imposed thereon. The lien shall be superior to and have priority over all other liens thereon.
(Ord. 2019-5, passed 4-17-19)
All contested parking citations and impoundments shall be heard by the Parking Citation Enforcement Board, which is hereby established, which shall be composed of at least one (1) or more persons, which person or person shall be appointed by resolution of the Augusta City Council, which Resolution shall specify the term of that person or persons so serving, and such Parking Citation Enforcement Board empowered to conduct such hearings pursuant to KRS 82.605 to 82.640.
(Ord. 2019-5, passed 4-17-19)
Loading...