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(a) The parking violations bureau shall be composed of one or more hearing officers who shall be appointed by the city council for terms of two years. Hearing officers shall report to and be under the administrative oversight of the director of municipal court services. The city council shall be authorized to remove hearing officers. The director of municipal court services shall be authorized to take disciplinary action against hearing officers other than removal. Hearing officers shall be exempt from the dismissal, suspension and demotion sections in Chapter 2, Article V of the Fort Worth City Code.
(b) Hearing officers shall preside over parking hearings in accordance with this article and shall have the authority to accept pleas, administer oaths and to issue orders compelling the attendance of witnesses and the production of documents.
(c) An order compelling the attendance of witnesses or the production of documents may be enforced by the municipal court.
(Ord. 10107, § 2, passed 5-3-1988; Ord. 13943, § 1, passed 9-21-1999; Ord. 20858-08-2013, § 1, passed 8-13-2013; eff. 8-19-2013)
(a) (1) The administrative adjudication process for parking, stopping and standing violations shall be initiated by the issuance of a parking citation which may be issued by a peace officer or other authorized parking enforcement agent. Authorized parking enforcement agents shall include any police officer, traffic control technician, city marshal or other employee or volunteer of the city designated by the chief of police, city marshal or the city manager to enforce the provisions of this code in regard to the parking, stopping or standing of vehicles.
(2) Consistent with the provision of this section and with state law, the city manager is authorized to establish, under the direction of the chief of police, the accessible parking volunteer enforcement program, utilizing volunteers to enforce the provisions of this code concerning disability parking.
(b) A parking citation must be served personally upon the operator of a vehicle, if present at the time of service. If the operator of the vehicle is not present at the time of issuance of the citation and cannot be personally served, the citation must be served upon the registered owner of the vehicle by affixing the citation to the vehicle in a conspicuous place or by mailing the citation to the registered owner of the vehicle by first class mail.
(c) The citation shall provide that the registered vehicle owner or operator charged with a parking, stopping or standing offense shall have the right to an instanter hearing to determine the issue of liability for the charged offense. Such right to a hearing shall be exercised by appearing in person before a hearing officer within 21 calendar days from the date of the citation at such convenient and reasonable hours as may be determined by the municipal court clerk, said hours to be printed on the parking citation. The twenty-first calendar day shall be the last day to respond to a parking citation, and shall be known as the appearance date.
(d) The original or any copy of the citation is a record kept in the ordinary course of business in the city and is rebuttable proof of the facts it contains.
(e) Failure of the registered vehicle owner or operator to answer the parking citation and contest liability, on or before the appearance date is considered an admission of liability for the parking violation charge and will result in the assessment of fines, costs and fees.
(Ord. 10107, § 2, passed 5-3-1988; Ord. 10160, § 2, passed 8-30-1988; Ord. 14860, § 1, passed 11-20-2001; Ord. 20858-08-2013, § 1, passed 8-13-2013; eff. 8-19-2013)
(a) It is presumed that the registered owner of the motor vehicle that is the subject of the administrative hearing is the person who parked or stopped the vehicle at the time and place of the offense charged.
(b) A state department of highways and public transportation computer-generated record of the registered vehicle is prima facie evidence of its contents in an administrative adjudication hearing under this article.
(c) The operator of a vehicle who is not the registered owner but has the express or implied permission to operate the vehicle is considered the registered owner’s agent and is authorized to receive and contest a parking citation.
(d) A registered vehicle owner is not liable for a violation subject to this article if:
(1) The vehicle operator, not the registered owner, assumes responsibility for the issued citation by either paying the fine or contesting the citation online, via mail or in person as outlined in this article;
(2) The registered vehicle owner files an affidavit with the parking bureau and attaches supporting documentation, establishing that the vehicle being operated at the time of the violation was sold prior to the date and time the citation was issued. Supporting documentation includes but is not limited to a bill of sale and the vehicle’s title signed by both the seller and the purchaser of the vehicle;
(3) The registered vehicle owner files an affidavit with the parking bureau and attaches supporting documentation, establishing that the vehicle being operated at the time of the violation was stolen prior to the date and time the citation was issued. Supporting documentation includes, but is not limited to, a copy of an official police report; or
(4) The registered vehicle owner is now deceased and no other vehicle operator has been personally served with the citation, nor claimed responsibility for the citation. Proof may be shown by submitting an official death certificate.
(Ord. 10107, § 2, passed 5-3-1988; Ord. 20858-08-2013, § 1, passed 8-13-2013; eff. 8-19-2013)
(a) At the hearing before the hearing officer, the registered vehicle owner or operator may enter a plea of liable, not liable or liable with an explanation to the alleged violation.
(b) The issuing peace officer or other authorized parking enforcement agent shall not be required to attend the hearing.
(c) It is not required that the city’s prosecuting attorney attend the hearing. If the registered vehicle owner or operator is represented by legal counsel at the hearing, the hearing officer shall notify the prosecuting attorney who shall have a right to appear on behalf of the city at said hearing.
(d) No formal or sworn complaint shall be necessary. The hearing officer shall examine the contents of the citation and the evidence related to ownership of the vehicle in question, and shall hear and consider evidence and testimony presented by the registered vehicle owner or operator, and the issuing officer if in attendance. If the hearing officer determines by the preponderance of the evidence that the violation was committed by the registered vehicle owner or operator, the hearing officer shall find the person liable therefor.
(e) At the conclusion of the hearing, the hearing officer shall issue an order stating whether or not the registered vehicle owner or operator charged is liable for violation of the parking or stopping ordinance and the amount of any fine, costs or fee assessed against the person. The order shall be filed with the clerk of the municipal court. All such orders shall be kept in a separate index or file by the municipal court clerk using appropriate data processing techniques.
(f) Failure of the registered vehicle owner or operator charged with the offense to appear at the hearing within the aforesaid 21 calendar day period shall be considered an admission of liability for the charged offense.
(g) The Texas Rules of Evidence do not apply to a hearing under this article.
(h) The registered vehicle owner or operator charged with a parking, stopping or standing violation may contest the citation online within seven calendar days from the date of the citation. The director of the municipal courts department shall establish procedures which will allow for the online submission of written statements and evidence.
(i) The registered vehicle owner or operator charged with a parking, stopping or standing violation may contest the citation via mail within 21 calendar days from the date of the citation, by submitting written statements and evidence. The envelope containing the correspondence must be postmarked no later than the twenty-first day from the date of the citation.
(j) If the registered vehicle owner or operator charged with a parking, stopping or standing violation elects to contest the citation online or via mail, that person waives the right to an instanter hearing before a hearing officer.
(Ord. 10107, § 2, passed 5-3-1988; Ord. 20858-08-2013, § 1, passed 8-13-2013; eff. 8-19-2013)
(a) After the administrative adjudication hearing, online adjudication process or finding of liability via mail, a person found liable by the hearing officer for violating the parking or stopping ordinance may appeal this determination to the municipal court.
(b) The appeal must be instituted by the liable party filing, not later than the thirtieth day after the filing of the hearing officer’s order, a petition with the clerk of the municipal court along with payment of a nonrefundable administrative appeal filing fee in the amount of $10, as well as payment of any other costs required by law for municipal courts.
(c) After the liable party files a petition for appeal, the municipal clerk shall schedule a hearing and notify all parties of the date, time and place of the hearing.
(d) The appeal hearing shall be a de novo review. The municipal court shall examine the evidence presented at the appellate hearing and if the court determines by the preponderance of the evidence that the violation was committed by the appealing party, the court shall find the appealing party liable therefor.
(e) Service of notice of appeal under this section does not stay the enforcement and collection of the judgment unless the person who files the appeal posts a cash bond before filing notice of appeal with the clerk of the municipal court. Said cash bond shall be in the amount of all fines, costs and fees assessed by the hearing officer.
(Ord. 10107, § 2, passed 5-3-1988; Ord. 10160, § 3, passed 8-30-1988; Ord. 20858-08-2013, § 1, passed 8-13-2013; eff. 8-19-2013)
(a) An order filed by a hearing officer under this article, or a final judgment of the municipal court after appeal, may be enforced by:
(1) Impounding the vehicle;
(2) Placing a device (“boot”) that prohibits the movement of a motor vehicle on the vehicle that is the subject of the order filed;
(3) An additional fine if not paid within the specified time;
(4) Denial of parking permits; or
(5) Refusing to allow the registrations of the vehicle as provided by applicable state law.
(b) Provided, however, that no vehicle shall be impounded or immobilized under this article unless:
(1) The offender has three or more delinquent unpaid citations; and
(2) Written notice is mailed to the registered owner of the vehicle at least 14 days before the vehicle is impounded or immobilized, said notice to inform the registered owner of the vehicle’s eligibility of immobilization or impoundment. Said notice shall also inform the owner of his or her right to submit information to the hearing officer regarding the propriety of the immobilization or impoundment of the vehicle.
(Ord. 10107, § 2, passed 5-3-1988; Ord. 10160, § 4, passed 8-30-1988; Ord. 19947-10-2011, § 1A, passed 10-25-2011)
(a) When a vehicle is found parked, whether legally or illegally, at any time upon a public street or public property in the city, and such vehicle has met the criteria for immobilization or impoundment as provided in § 10-22(b), any authorized parking enforcement agent of the city may immobilize the vehicle by the installation on or attachment to the vehicle of a device, or boot, designed to restrict the normal movement of the vehicle. In the alternative, such vehicle may be towed and impounded, provided that the towing and impoundment is authorized at the direction of a peace officer.
(b) At the time of immobilization, the agent shall also conspicuously attach to the vehicle a written notice on a form provided by the city, said notice to contain the following information:
(1) Notice that the vehicle has been immobilized pursuant to this article, and that attempted movement may cause damage to the vehicle;
(2) That release of the vehicle may be obtained at a designated place;
(3) That there is a right to a hearing regarding the immobilization; and
(4) That the vehicle may be towed and impounded after a designated period of time.
(c) Any vehicle which remains immobilized after 6:00 p.m. may be towed and impounded.
(d) In the event that a vehicle is towed and impounded, the owner thereof shall be responsible for payment of applicable fees for towing, impoundment and storage in addition to the fines, costs and fees provided for herein. Towed vehicles that are not redeemed within 30 days shall be subject to disposition in the manner provided by Chapter 22 of this code.
(e) This section is to be cumulative of existing law, and nothing herein shall be construed to restrict or limit the right to tow and impound vehicles under other applicable law.
(Ord. 10107, § 2, passed 5-3-1988; Ord. 10160, § 5, passed 8-30-1988)
Cross-reference:
Abandoned and junked vehicles, see §§ 22-301 et seq.
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