Loading...
(a) Any person who receives notice of a parking violation shall respond to this notice as provided herein within seven (7) days of the date of the notice, by either paying the fine set forth in the notice or requesting a hearing as provided herein.
(b) If the owner of a vehicle cited for a parking violation has not responded to the notice within seven (7) days as provided in subsection (a) of this section, the City of Danville shall send a second notice by regular, first- class mail to the last known address of the registered owner of the vehicle as listed on the certificate of title. Such notice shall state that if the owner of the vehicle does not respond to the notice by either paying the fine or by requesting in writing a hearing as provided herein, within seven (7) days of the receipt of the notice, the owner shall be deemed to have waived a hearing and the determination that a violation was committed shall be considered final. Any person who fails to request a hearing or pay the fine within the seven (7) days shall be deemed to have refused to pay the fine levied by the citation. Fines not paid within seven (7) days shall be doubled and shall be due and payable within thirty (30) days of the offense. Any fine not paid within thirty (30) days will result in the violation being cited to the Boyle District Court or being pursued through civil collection efforts.
(c) The registered owner of a vehicle at the time the violation occurred shall be liable for all fines, fees and penalties which remain unpaid.
(Ord. No. 1401, § 3, 8-23-88; Ord. No. 1526, § 1, 4-22-97; Ord. No. 1801, § 1, 2-27-12)
(a) Any person cited for a parking violation as provided herein may contest the determination that a violation occurred by requesting in writing a hearing before the hearing board. Such hearing shall be held no later than fourteen (14) days from the date of receipt of the request, unless prior to the hearing the person requesting such hearing requests an extension of time not to exceed fourteen (14) days. No less than seven (7) days prior to the date set for the hearing, the board shall notify the registered owner of the vehicle of the date, time and place of the hearing. Any person requesting a hearing who fails to appear at the time and place set for the hearing shall be deemed to have refused to pay the fine levied by the citation and same shall be considered unpaid.
(b) At the hearing, after consideration of the evidence, the hearing board shall determine whether a violation occurred. If no violation occurred, an order dismissing the citation shall be entered. If a violation occurred, the board shall uphold the citation and order the owner to pay the citation within seven (7) days. A copy of such order shall be furnished the owner. Any person ordered to pay the fine who fails to do so within seven (7) days shall be deemed to have refused to pay the fine levied by the citation and same shall be considered unpaid.
(c) The board may consider the parking citation and any other written report made under oath by the officer who issued the citation in lieu of the officer's personal appearance at the hearing.
(d) An appeal from the hearing board's determination may be made to the district court of Boyle County within seven (7) days after the board's determination. The appeal shall be initiated by the filing of a complaint and a copy of the board's order in the same manner as any civil action under the Rules of Civil Procedure. The action shall be tried de novo and the burden shall be upon the local government to establish that a violation occurred. If the court finds that a violation occurred, the owner shall be ordered to pay to the City of Danville all fines, fees and penalties occurring as of the date of the judgment. If the court finds that a violation did not occur, the City of Danville shall be ordered to dismiss the citation and the plaintiff shall be authorized to recover all costs.
(e) The judgment of the Boyle District Court may be appealed to the Boyle Circuit Court in accordance with the Rules of Civil Procedure.
(Ord. No. 1401, § 4, 8-23-88)
(a) The City of Danville may impound a motor vehicle which is abandoned upon the streets or thoroughfares within the city or parked, stopped or standing upon a street or public way within its jurisdiction in violation of any ordinance or statute prohibiting parking, stopping or standing in the location, manner or at the time the vehicle is cited or for any other lawful reason, including but not limited to the arrest of the operator of the vehicle.
(b) All violators shall be subject to the schedule of fines levied for parking and traffic offenses. Violators shall pay all reasonable towing and handling charges, not to exceed thirty-five dollars ($35.00), and all reasonable storage charges, not to exceed five dollars ($5.00) per day or portion thereof.
(c) Impounded vehicles shall be released only upon advance payment of the towing, handling and storage charges imposed thereon, unless the owner or other person entitled to possession challenges the validity of the impoundment pursuant to subsection (d) of this section. A vehicle may be released to the owner or other person entitled to possession only upon proof of ownership or right to possession. The City of Danville, any Danville police officer, or any other party in custody of the impounded motor vehicle may in their discretion require reasonable security, bond or other assurances of indemnification from a person who is not the registered owner of the vehicle prior to releasing the vehicle to such person.
(d) The owner of a motor vehicle impounded pursuant to this section or other person entitled to possession may challenge the validity of such impoundment by requesting in writing a hearing before the hearing board. The hearing shall be conducted within ten (10) business days of the date of the request, unless the owner or other person entitled to possession waives the limitation or the hearing board shows good cause for such delay. The City of Danville shall retain possession of the vehicle pending the hearing, unless the owner or other person claiming the right of possession posts a bond in the amount equal to the fine and fees accrued as of the date of the hearing request, or seventy-five dollars ($75.00) whichever is less. If the owner or person claiming possession of the vehicle is unable to pay the amount of the bond, the hearing shall be held within seventy-two (72) hours of the date the request for hearing is received, unless such person requests or agrees to a continuance.
(e) (1) No less than five (5) days prior to the date set for hearing, the person requesting the hearing shall be notified of the date, time and place of the hearing. In the case of a hearing required to be held within seventy-two (72) hours of the date of the request as provided in sub-section (d) of this section, the person requesting the hearing shall be informed at the time of request or as soon thereafter as is practicable of the date and time of the hearing.
(2) Any person who refuses or, except for good cause, fails to appear at the time and place set for the hearing shall be deemed to have conceded on behalf of that individual and on the owner's behalf the validity of the impoundment.
(3) At the hearing, after consideration of the evidence, the hearing board shall determine whether the impoundment was valid and reasonable. If the impoundment is found unjustified, an order releasing the vehicle shall be entered. All fines and fees paid or amounts posted as bond because of the impoundment of the vehicle shall be returned. If the impoundment was justified, the hearing board shall uphold the impoundment and condition the release of the vehicle upon payment of all accrued fines and fees. If bond has been posted as security for release of the vehicle, said bond shall be forfeited to the City of Danville. Any fines or fees in excess of the amount of the bond posted shall be ordered to be paid by the owner of the vehicle to the City of Danville. The board shall furnish the owner or person appearing on the owner's behalf with a copy of its order.
(4) The hearing board may consider a parking citation and any other written report made under oath by the issuing officer in lieu of the officer's personal appearance at the hearing.
(5) An appeal from the hearing board's determination may be made to the Boyle District Court within seven (7) days of the hearing board's determination. The appeal shall be initiated by the filing of a complaint and a copy of the hearing board's order in the same manner as any civil action. The action shall be tried de novo and the burden shall be on the City of Danville to establish that impoundment was justified. If the court finds that the impoundment was justified, the owner shall be ordered to pay all fees and fines accruing as of the date of judgment. If the court finds the impoundment unjustified, the City of Danville shall be ordered to release the vehicle, if applicable, and to return all fines and fees paid as a result of the impoundment and the plaintiff shall be authorized to recover all costs.
(6) The judgment of the Boyle District Court may be appealed to the Boyle Circuit Court in accordance with the Rules of Civil Procedure.
(Ord. No. 1401, § 5, 8-23-88)
State law reference--Abandoned vehicle, KRS 18-9.751
(a) If within ten (10) business days of impoundment a motor vehicle impounded by the City of Danville has not been claimed, or a hearing has not been requested pursuant to the provisions herein, notice shall be mailed by certified mail to the registered owner, if known, and lienholder of record, if any, affording such parties the right within ten (10) days from the date of notice to claim the vehicle or request a hearing pursuant to section 17-175 herein. The notice shall state that, if no hearing is requested, the vehicle shall be deemed abandoned unless the charges thereon are paid within ninety (90) days of receipt of notice.
(b) After ninety (90) days from the date of notice required by subsection (a) herein, an impounded motor vehicle shall be deemed abandoned and the vehicle shall escheat to the City of Danville.
(c) If the vehicle is judged suitable for use, the City of Danville 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.
(Ord. No. 1401, § 6, 8-23-88)
(a) The City of Danville shall possess a lien on a motor vehicle impounded pursuant to section 17-175 herein for all fines, penalties and towing, handling and storage charges and fees imposed thereon. Such lien shall be superior to and have priority over all other liens thereon.
(b) Nothing in this article shall otherwise affect the rights or obligations between the owner of the motor vehicle and those persons who claim a security interest therein.
(Ord. No. 1401, § 7, 8-23-88)
Loading...