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(a) The registered owner of an immobilized or impounded vehicle, or other authorized person, may secure the release of the vehicle upon:
(1) Payment of the amount of the fine and late fees, if any, for each delinquent parking citation plus the applicable boot fee and/or towing and storage fees; or
(2) The posting of a cash bond in the amount of such fines, late fees, boot fees and/or towing and storage fees to ensure appearance at the boot hearing.
(b) Payment of the fines, late fees, boot fee and any towing and storage fees shall constitute a waiver of the right to contest such fines and fees.
(Ord. 10107, § 2, passed 5-3-1988; Ord. 10160, § 6, passed 8-30-1988)
(a) The registered owner of an immobilized or impounded vehicle shall have the right to a prompt post-immobilization hearing (“boot hearing”) before the hearing officer.
(b) The request for a boot hearing shall be made in writing on a form supplied by the city.
(c) The boot hearing shall be held within 48 hours following the written request therefor, excluding Saturdays, Sundays and city holidays, at the public safety and courts building, or at such other convenient and reasonable place as the hearing officer may direct.
(d) The issue to be determined at the boot hearing is whether the immobilization was authorized by law.
(e) The immobilization of a vehicle is valid if it complies with the requirements of this article, unless the registered owner can establish:
(1) That he or she was not the registered owner or the operator of the vehicle at the times in question; or
(2) That he or she did not receive notice as required by law.
(f) The determination of the hearing officer at the boot hearing is final and shall not be subject to appeal.
(Ord. 10107, § 2, passed 5-3-1988; Ord. 10160, § 7, passed 8-30-1988)
(a) Any person, firm or corporation who violates any provision of this code related to the parking, stopping or standing of vehicles shall be fined in an amount not exceeding $200 for each offense, the amount to be determined by the hearing officer in his or her reasonable discretion, subject to review or appeal to the municipal court.
(b) The city council may, by resolution, adopt a schedule of standard fines for various parking offenses. Such standard fines shall be the amount to be paid and accepted by those persons who do not desire a hearing and wish to pay the fines by mail or otherwise.
(c) The boot fee shall be $50. Charges for towing and/or storage of impounded vehicles shall be as provided by the law applicable to abandoned vehicles.
(d) All fines, costs and fees shall be deposited in the proper account of the general fund of the city, unless otherwise directed by resolution of the city council.
(Ord. 10107, § 2, passed 5-3-1988; Ord. 19947-10-2011, § 1B, passed 10-25-2011)
(a) It shall be unlawful for any person, other than an officer or employee of the city acting in the course and scope of his or her duties under this article, to remove or attempt to remove or to tamper in any manner with an immobilization device (boot) installed on any vehicle pursuant to this article.
(b) It shall be unlawful for any person, except under the direction of a peace officer, to tow or move or to cause to be towed or moved any vehicle on which a boot is then installed pursuant to this article from the place where it was booted.
(c) It shall be unlawful for any person, other than an officer or employee of the city acting in the course and scope of his or her duties or the owner or operator of a booted vehicle, to remove or relocate any notice placed upon a booted vehicle under § 10-23(b) of this code.
(d) Any offense under this section shall be a criminal offense punishable upon conviction by a fine not to exceed $500. To the extent that any conduct declared to be unlawful under this section also constitutes a violation of any valid and applicable state law, then it shall be punishable as provided by state law.
(Ord. 10160, § 8, passed 8-30-1988)