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(1) A person shall not engage in or offer to engage in the activities of a private impound tow truck service without a current license from the department of public safety authorizing him to engage in such activities.
(2) Application for licensing as a registered private impound tow truck service shall be made on forms furnished by the department, shall be signed by the applicant or an agent, and shall include the following information:
(a) The name and address of the person, firm, partnership, association, or corporation under whose name the business is to be conducted;
(b) The names and addresses of all persons having an interest in the business, or if the owner is a corporation, the names and addresses of the officers of the corporation;
(c) The address of each storage location where vehicles may be stored;
(d) The address of the business location where the files of the private impound tow truck service operation are kept;
(e) A fee schedule which states the fee that is charged for towing services, the fee that is charged for the storage of a vehicle, and any other charges which may be incidental to a private impoundment;
(f) Name of current liability insurance carrier and policy number, of which any lapse in coverage shall be grounds for revocation of the license; and
(g) A list of all private property from which applicant is authorized to tow vehicles, such list to be kept current and up to date within ten (10) days of any change during the entire term of the license.
(3) A license issued under this section is not transferable.
(4) Concurrent with the submission of the license application, the applicant shall pay to the division of revenue a nonrefundable fee of one hundred dollars ($100.00). When the license is issued, the private impound tow truck operator shall pay to the division of revenue an annual license fee of two hundred dollars ($200.00), which fee is due and payable upon the issuance of a license and on or before January 1 of each year thereafter.
(5) Each license shall expire on December 31 of each year, unless earlier suspended or revoked. A license may be renewed by making a renewal application and payment of the annual license fee. Application for renewal should be made at least thirty (30) days prior to the expiration date.
(Ord. No. 205-97, § 10, 10-16-97; Ord. No. 194-2003, § 6, 7-10-03; Ord. No. 209-2003, § 6, 8-28-03)
(1) Upon notice from the division of police of a violation of the private impound towing ordinance, the commissioner of public safety may suspend a private impound tow truck service license for a period not to exceed thirty (30) days if the commissioner determines that the applicant, owner, operator or an employee thereof has violated any provisions of sections 14-85 through 14-94.2 of the Code.
(2) The commissioner shall revoke or deny a private impound tow truck service license if the commissioner determines that:
(a) Cause for suspension under subsection (1) above occurs and the license has been suspended within the preceding twelve (12) months;
(b) An applicant gave false or misleading information in the license or renewal application;
(c) An applicant, owner, operator or employee has knowingly operated a private impound tow truck service during a period of time when the business's license was suspended; or
(d) An applicant's previous license was revoked within twelve (12) months of the application.
(Ord. No. 205-97, § 11, 10-16-97; Ord. No. 194-2003, § 7, 7-10-03; Ord. No. 209-2003, § 7, 8-28-03)
(1) If the commissioner determines that a violation has occurred or that grounds exist to deny, suspend, or revoke a private impound tow truck service license, he shall notify the applicant or licensee in writing of his intent to find a violation or to deny, suspend or revoke, including a summary of the grounds therefore. The notice shall be sent to the applicant or licensee by certified mail to the person and address specified in the application. Within ten (10) days of receipt of such notice, the applicant or licensee may request a hearing before the commissioner. If a request for a hearing is not timely received by the commissioner, the notice shall be a final administrative act of a finding of violation, denial, suspension or revocation. If a timely request for hearing is received by the commissioner, a hearing before the commissioner shall be conducted within thirty (30) days of the commissioner's receipt of the applicant's or licensee's request therefore, with written notice of the hearing date to be sent to the applicant or licensee at least twenty (20) days prior to the scheduled hearing. The commissioner shall render a written decision within ten (10) days after the completion of the hearing and shall serve the applicant or licensee with a copy of his or her decision by certified mail. The applicant or licensee may appeal a decision of the commissioner to the Fayette Circuit Court within thirty (30) days after receipt of the written notice of the decision.
(2) A private impound towing company whose license has been revoked may reapply no earlier than twelve (12) months after said revocation. If a license is issued, it shall be considered probationary for the first six (6) months and any finding of violation shall result in revocation.
(Ord. No. 205-97, § 12, 10-16-97; Ord. No. 194-2003, § 8, 7-10-03; Ord. No. 209-2003, § 8, 8-28-03)
(1) It shall be unlawful for any person to violate or refuse, fail or neglect to comply with any of the provisions of sections 14-85 through 14-95 concerning tow truck service operation.
(2) Any person or corporation or other entity violating any provision of sections 14-85 through 14-95 shall be fined not less than twenty dollars ($20.00) nor more than five hundred dollars ($500.00), and each day's continuance of any such violation shall be a separate offense for which a fine not less than twenty dollars ($20.00) nor more than five hundred dollars ($500.00), shall be imposed.
(Ord. No. 84-93, § 1, 5-6-93; Ord. No. 244-95, § 1, 11-2-95; Ord. No. 205-97, § 13, 10-16-97)
(a) For the purposes of this section, which shall be known as the "Lexington Area Party Plan" the following definitions shall apply:
(1) Disturbance complaint means a complaint that is based upon a violation of sections 14-70 through 14-80, or other unlawful activity that may take place at a party or social gathering, including but not limited to disorderly conduct, the possession of alcohol by minors, or the use or possession of illegal substances.
(2) Dwelling unit shall have the same meaning as provided in section 14-70.
(3) Enforcement action means that the division of police, upon responding to a disturbance complaint and substantiating that unlawful activity is occurring, takes action to shut down the unlawful activity and issue any citation(s) or make any arrest(s), as appropriate.
(4) No party property means a dwelling unit or residence that has been identified and certified by the division of police as being a disturbance problem.
(5) Disturbance problem means that a dwelling unit or residence has generated at least two (2) enforcement actions where citations were issued or arrests made within a one-year period. In the event that all citations issued and arrests made pursuant to a particular enforcement action are successfully appealed, that enforcement action shall not be utilized as a basis to determine that a property is a disturbance problem.
(b) The division of police shall keep accurate and sufficient records such that it is able to readily ascertain the number of disturbance complaints associated with any dwelling unit or residence located within Fayette County, any action taken by the division of police in response to said complaints and the final disposition of such action.
(c) Upon determining that a dwelling unit or residence is a disturbance problem, the division of police shall immediately certify that property as being a "no party property". A "no party property" certification shall be in effect for a period of one (1) year from the date of the initial certification. If, during this one-year period, another disturbance complaint is received by the division of police and the division of police takes enforcement action in response to said complaint, the certification shall automatically be extended to run for a period of one (1) year from the date of the latest disturbance complaint unless all citations issued and arrests made pursuant to the latest enforcement action are successfully appealed.
(d) Upon certifying a dwelling unit or residence as a "no party property", the division of police shall notify the property owner and occupant(s) by:
(1) Providing a notice of such certification, along with a copy of the provisions of this section, via personal service or by certified or registered mail, to the street address listed for said property;
(2) In the event that the property is not owner-occupied, also providing a notice of such certification, along with a copy of the provisions of this section, via personal service or by certified or registered mail to the last-known address of the owner of the property as it appears on the current tax assessment rolls; and
(3) Providing with such notification a sticker or similar document to be displayed in a prominent place within the premises during the period of time that the premises is certified for the purpose of placing persons on notice that the property has been so certified. This additional notification shall include the term "no party property" and shall list a point of contact telephone number for any questions that may arise with respect to the certification.
(e) Any occupant of a dwelling unit or residence that has been certified as a "no party property" by the division of police who allows unlawful activity at that property which results in a disturbance complaint leading to an enforcement action shall be in violation of this section.
(f) In the event that a disturbance complaint is received by the division of police during the period of time that a dwelling or residence is certified as a "no party property", the division of police shall, upon substantiating that a violation is occurring, take immediate enforcement action, including the issuance of any and all appropriate citations for violation of this section.
(g) The property owner or occupant of a dwelling unit or residence certified as a "no party property" may petition the commissioner of public safety at any time to have the certification removed. Upon a sufficient showing that the basis for the problem has been adequately addressed and that the property is not likely to be a disturbance problem in the future, the commissioner of public safety shall remove the "no party property" certification.
(h) Nothing contained in this section shall be construed to permit conduct prohibited by any other statutes, ordinance, or regulation, or to prohibit the enforcement thereof.
(i) Any person who violates subsection (e) this section shall be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). Any person found guilty of a second offense of this section which occurred within twelve (12) months of the first offense shall be subject to a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), and any person found guilty of a third offense of this section which occurred within twelve (12) months of the first and second offenses shall be subject to a fine of not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00).
(Ord. No. 315-2001, § 1, 12-13-01)
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