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(A) Whenever any motor vehicle with or without a driver is found parked, standing or stopped in violation of this chapter or any statute of the state relating to parking, all of which shall be referred to in this section as “parking violations,” the police officer or community service technician finding the vehicle shall take the registration number of the vehicle and may take any other information displayed on the vehicle which may identify its owner or operator and shall conspicuously affix to the vehicle a traffic citation on a form provided by the Chief of Police for such purpose, which form shall require the owner or operator to answer to the charge against the owner or operator in accordance with this section.
(B) All citations for parking violations shall contain, in addition to any other information required by law, the following information:
(1) The amount of the administrative fee and fine if paid within five days;
(2) The amount of the administrative fee and fine if paid after five days;
(3) The location where the payment of the administrative fee and fine may be made; and
(4) A statement that a complaint will be filed after 15 days if the administrative fee and fine is not paid within that time.
(C) A police officer or community service technician may issue a parking citation in lieu of a state uniform citation for notifying alleged violators of violation of this chapter.
(D) Minor parking violators may waive being issued a state uniform citation to appear in county court by paying to the Police Department the fine designated on the parking ticket.
(E) Administrative fees and parking fines are set by resolution.
(Prior Code, § 72.75) (Ord. 98-27, passed 7-20-1998; Ord. 02-53, passed 10-7-2002)
If any vehicle is found upon any street, road, terrace or alley in violation of any of the provisions of this chapter and the identity of the driver cannot be determined, the owner or person in whose name the vehicle is registered shall be held prima facie responsible for the violation.
(Prior Code, § 72.76) (Ord. 98-27, passed 7-20-1998; Ord. 02-53, passed 10-7-2002)
(A) There is hereby created in the city a pound for the impounding of automobiles and other vehicles of any character, which is hereby designated as an “automobile pound.”
(B) The Mayor is hereby empowered and directed to locate the automobile pound and to designate any other locations as may be contracted for by the city for the placement of impounded vehicles where and as may seem appropriate for the purpose and as may be necessary to accommodate the vehicles impounded. The Mayor may change the location of the automobile pound or location designated for the placement of impounded vehicles as may seem appropriate for the purpose and as may be necessary to accommodate the vehicles impounded. The city may enter into a contract with private persons, firms and corporations for the towing of the impounded vehicles and any other vehicle found to be in violation of the ordinances of the city.
(C) Whenever any vehicle is found by a police officer or community service technician to be left standing in the streets, alleys, public ways or parking facilities, or other public places of the city in violation of any ordinances of the city or which presents a traffic hazard or obstruction to traffic, vehicular or pedestrian, the police officer or community service technician may remove and convey the vehicle by means of towing it or otherwise to the automobile pound, or the police officer or community service technician may remove the vehicle or order that the vehicle be towed to the location contracted for by the city for the placement of impounded vehicles; and thereupon the vehicle shall not be discharged or removed from the automobile pound, or the location as may have been contracted for by the city for the placement of impounded vehicles, except upon payment by the owner, driver or operator of the vehicle of a towing, administrative, citation and storage fee. In the case when the vehicle is towed or removed to a location contracted for by the city for the placement of impounded vehicles, then the owner, driver or operator shall pay the towing fees and storage costs as may be established by a contract between the city and the person, firm or corporation operating the facility. When the owner, driver or operator of the vehicle so impounded claims the vehicle, it shall be the duty of the person in charge to inform the owner, driver or operator of the nature and circumstances of the violation for which the vehicle was impounded.
(D) Nothing in this section shall be construed as superseding any other provisions of this title concerning the proper parking or operation of vehicles, and the collection of a fee therefor under this section shall not prevent or preclude prosecution for the violation of any of the provisions of this title concerning the parking or operation of vehicles in the city.
(Prior Code, § 72.78) (Ord. 98-27, passed 7-20-1998; Ord. 02-53, passed 10-7-2002)
(A) Any motor vehicle parked upon a street, highway or public property, against which there are three or more unpaid parking violation citations, or state uniform citations for parking violations, shall be subject to removal, impoundment, detention or immobilization by the city or by a third party contracted to provide these services to the city.
(B) Prior to removal, impoundment, detention or immobilization pursuant to division (A) above, the last registered owner of the motor vehicle, if known, shall be mailed a notice to the address shown on the records of the state’s Department of Motor Vehicles. The notice shall inform the owner of the proposed order to remove, detain, impound or immobilize the vehicle and the reasons therefor, and that if the owner wishes to be heard on the matter the owner shall make a written request for a hearing before the City Administrator no later than seven days from the date of the notice.
(C) When any vehicle is removed, impounded, detained or immobilized pursuant to division (A) above, or for any other reason authorized by law, and it is found that outstanding fines or penalties for parking violations are recorded against the vehicle, the release of the vehicle may be obtained by the registered owner of the vehicle, or the owner’s agent, upon:
(1) Payment of all outstanding fines or penalties for parking infractions recorded against the vehicle, plus any towing, storage, immobilization or administrative fees; or
(2) Deposit of a cash surety bond in the amount of all outstanding fines and penalties for parking infractions recorded against the vehicle, plus any towing, storage, immobilization or administrative fees, to the City Clerk’s office. If the decision of the court is that the owner is not responsible for the fines and penalties, the full amount of the cash or surety bond will be refunded.
(D) If the owner obtains the release of the vehicle by posting a bond, the owner shall be entitled to a trial on the matter of the parking violations.
(E) When a motor vehicle is impounded under this section, a charge for towing and storage shall be assessed and collected prior to the release of the vehicle.
(F) The provisions of this section allowing the release of an impounded vehicle shall not apply in circumstances in which the vehicle is being held for evidentiary purposes in a judicial proceeding or as otherwise subject to civil or criminal proceedings or forfeiture as provided by law.
(Prior Code, § 72.79) (Ord. 02-53, passed 10-7-2002) Penalty, see § 72.999
It shall be the duty of the Chief of Police to account for any fees collected under the provisions of this section to the City Clerk’s office. The Chief of Police shall also keep a record of the name of the owner of each vehicle impounded, the number of the registration plates thereon and the nature and circumstances of each violation involved.
(Prior Code, § 72.80) (Ord. 02-53, passed 10-7-2002)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) Any person who parks a motor vehicle in a properly posted restricted or private lot without the consent of the owner or tenant authorized to give permission shall be guilty of an infraction.
(Prior Code, § 72.37)
(C) If any vehicle is parked in excess of the period of legal parking time as determined under this chapter and the vehicle remains continuously parked in violation of this chapter, it shall be an additional and separate violation of this chapter for each hour any vehicle is so parked, and the owner or operator thereof shall be subject to an additional and separate charge as provided in this chapter for each hour any vehicle is so parked.
(Prior Code, § 72.81)
(Ord. 98-27, passed 7-20-1998; Ord. 02-53, passed 10-7-2002)