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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. (Ord. 278, 3-18-1958)
B. Civil Infractions; Citations:
1. Civil Infraction: A violation of parking regulations under this chapter shall be a civil infraction, enforceable by the City Code Enforcement Officer.
2. When Civil Citation Is To Be Issued: In the event any person fails to comply with parking regulations of this chapter in the City of Hardin, the Code Enforcement Officer may issue a civil citation to such person or attach the citation to the vehicle in violation if said vehicle is unattended. The citation shall direct the violating person, or owner of the vehicle if vehicle is unattended, to make an appearance and make payment of the civil fine to the City Finance Officer within ten (10) days. The civil citation process does not prohibit vehicle impoundment as outlined in this chapter.
3. Citation To Be Submitted: Upon issuance of a civil citation, the City Code Enforcement Officer shall submit the civil citation to the City Finance Officer. All civil parking fines collected by the City Finance Officer shall be deposited in the General Fund of the City of Hardin. The City Finance Officer is to keep record of all citations issued by the City Code Enforcement Officer, and the payments thereof. (Ord. 2018-06, 5-1-2018)
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. (Ord. 278, 3-18-1958; amd. Ord. 2010-16, 7-1-2010; Ord. 2018-06, 5-1-2018)
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)