A. Presumption In Reference To Illegal Parking: In any prosecution charging a violation of any law or regulation governing the standing or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of any such law or regulation together with proof that the defendant named in the complaint was at the time of such parking the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where and for the time during which such violation occurred.
The foregoing stated presumption shall apply only when the procedure, as prescribed in subsection B of this section, has been followed.
B. Civil Infractions; Citations:
1. A violation of parking regulations under the Hardin City Code shall be enforced by the Hardin Police Department. A parking citation issued by a Hardin Police Officer is a civil infraction unless a criminal complaint is filed in Hardin City Court. The issuance of a civil parking citation does not prohibit the enforcement of parking violations by criminal action in Hardin City Court pursuant to the Hardin City Code, or the Montana Code Annotated.
2. When Citation is to be Issued: In the event a registered owner of a motor vehicle or trailer fails to comply with parking regulations of this chapter, or any other applicable Title and chapter, in the City of Hardin, an officer of the Hardin Police Department may issue a civil parking citation to the registered owner, last known registered owner, or a person in possession or control of the vehicle if such person can be immediately located. The citation shall direct the registered owner, last known registered owner, or known violating person in possession of the vehicle, to submit payment of the civil fine to the Hardin Police Department within ten (10) days of receiving the parking citation. A parking citation does not prohibit vehicle impoundment as outlined in this chapter.
3. Appeal Process: A person in receipt of a civil parking citation may appeal the citation to the supervising officer or the officer than issued the civil parking citation, or the Chief of Police if a supervising officer is not available. The decision of the supervising officer, or the Chief of Police if a supervising officer is not available, is final and there is no further appeal process. An appeal must be made within ten (10) days of the citation, or the offender waives the right to an appeal. The supervising officer or the Chief of Police may extend the deadline for an appeal for good cause.
C. Vehicle Impoundment:
1. Authority: Members of the local law enforcement agency are hereby authorized to remove a vehicle from a street or highway to the nearest garage or other place of safety, or to a garage designated or maintained by the local law enforcement agency, under the circumstances hereinafter enumerated.
a. When any vehicle is left unattended upon any bridge, viaduct or causeway where such vehicle constitutes an obstruction to traffic.
b. When a vehicle upon a highway is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle is by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal.
c. When any vehicle is left unattended upon a street and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic or the movement of traffic during extraordinary occasions.
d. When any vehicle is left unattended upon any street in the business district for a period of forty eight (48) hours.
e. When any vehicle is left unattended upon a street in violation of the posted parking restrictions in any street maintenance district.
2. Notice To Owner: Whenever an officer removes a vehicle from a street as authorized in this subsection and the officer knows or is able to ascertain from the registration record in the vehicle the name and address of the owner thereof, such officer shall immediately give or cause to be given notice in writing to such owner of the fact of such removal and the reasons therefor, and of the place to which such vehicle has been removed. In the event any such vehicle is stored in a public garage, a copy of such notice shall be given to the proprietor of such garage.
3. Report To State: Whenever an officer removes a vehicle from a street under this section and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as hereinbefore provided, and in the event the vehicle is not returned to the owner within a period of three (3) days, then and in that event the officer shall immediately send or cause to be sent written report of such removal by mail to the Montana Registrar of Motor Vehicles, and shall file a copy of such notice with the proprietor of any public garage in which the vehicle may be stored. Such notice shall include a complete description of the vehicle, the date, time and place from which removed, the reasons for such removal and the name of the garage or place where the vehicle is stored. (Ord. 278, 3-18-1958; amd. Ord. 2010-16, 7-1-2010; Ord. 2018-06, 5-1-2018; Ord. 2022-03, 5-17-2022; Ord. 2022-11, 9-12-2022)