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ADMINISTRATION
Pursuant to KRS 82.600 there is hereby created a Hearing Board empowered to conduct hearings pursuant to KRS 82.605 to 82.640 for violations of this Chapter 72
. The Hearing Board shall be composed of the Police Chief. The Police Chief may appoint one or more hearing officers to conduct hearings. Any action of such hearing officer shall be deemed to be the action of the Hearing Board.
(Ord. 2014-4, passed 4-10-2014; Am. Ord. 2019-6, passed 6-27-2019)
(A) Pursuant to KRS 82.620, any person cited for a parking violation under this Chapter 72
may contest the determination that a violation occurred by requesting in writing a hearing before the Police Chief by filing such request with the City Clerk within seven business days of the date of the citation. Such hearing shall be held no later than 14 days from the date of receipt of the request, unless prior to the hearing the person requesting such hearing requests an extension of time not to exceed 14 days. No less than seven days prior to the date set for the hearing, the Police Chief shall notify the registered owner of the vehicle of the date, time and place of the hearing. Any person requesting a hearing who fails to appear at the time and place set for the hearing shall be deemed to have refused to pay the fine levied by the citation, and shall have no further rights to a hearing before the Police Chief.
(B) Pursuant to KRS 82.620, at the hearing, after consideration of the evidence, the Police Chief shall determine whether a violation was committed. Where it has not been established that violation was committed, an order dismissing the citation shall be entered. Where it has been established that a violation was committed, the Police Chief shall uphold the citation and order the owner to pay the citation within seven days. A copy of such order shall be furnished the owner. Any person ordered to pay the fine who fails to do so within seven days shall be deemed to have refused to pay the fine levied by the citation.
(C) The Police Chief may consider the parking citation and any other written report made under oath by the officer who issued the citation in lieu of the officer’s personal appearance at the hearing.
(D) An appeal from the Police Chief’s determination may be made to the Kenton District Court within seven days of the Police Chief’s determination. The appeal shall be initiated by the filing of a complaint and a copy of the Police Chief’s order in the same manner as any civil action under the Rules of Civil Procedure. The action shall be tried de novo and the burden shall be upon the city to establish that a violation occurred. If the court finds that a violation occurred, the owner shall be ordered to pay to the city all fines, fees and penalties occurring as of the date of the judgment. If the court finds that a violation did not occur, the city shall be ordered to dismiss the citation and the plaintiff shall be authorized to recover his or her costs.
(E) The judgment of the District Court maybe appealed to the Circuit Court in accordance with the Rules of Civil Procedure.
(Ord. 2014-4, passed 4-10-2014; Am. Ord. 2019-6, passed 6-27-2019)
(A) Pursuant to KRS 82.625, the owner or other person entitled to possession may challenge the validity of such impoundment and request in writing a hearing before the
Police Chief
created under § 72.50 by filing such request with the City Clerk within seven business days of the violation/impoundment. The hearing shall be conducted within ten business days of the date of the request, unless the owner or other person entitled to possession waives the limitation or the city shows good cause for such delay. The city, or its contracted agents who have possession of the vehicle, shall retain possession of the vehicle pending the hearing, unless the owner or other person claiming right of possession posts a bond in an amount equal to the fines and fees accrued as of the date of the hearing request, or $75, whichever is less. If the owner or person claiming possession of the vehicle is unable to pay the amount of the bond, the hearing shall be held within 72 hours of the date the request for hearing is received, unless such person requests or agrees to a continuance.
(B) (1) Pursuant to KRS 82.625, no less than five days prior to the date set for the hearing, the city shall notify the person requesting the hearing of the date, time and place of the hearing. In the case of a hearing required to be held within 72 hours of the date of the request as provided in division (A) of this section, the person requesting the hearing shall be informed at the time of his or her request, or as soon thereafter as is practicable, of the date and time of the hearing.
(2) Pursuant to KRS 82.625, any person who refuses or, except for good cause, fails to appear at the time and place set for the hearing shall be deemed to have conceded on his and the owner's behalf the validity of the impoundment.
(3) Pursuant to KRS 82.625, at the hearing, after consideration of the evidence, the Police Chief shall determine whether the impoundment was valid and reasonable. Where it has not been established that the impoundment was justified, an order releasing the vehicle shall be entered. All fines and fees paid or amounts posted as bond because of the impoundment of the vehicle shall be returned. Where it has been established that the impoundment was justified, the Police Chief shall uphold the impoundment and condition the release of the vehicle upon payment of all fines and fees accruing thereto. If bond has been posted as security for the release of the vehicle, said bond shall be forfeited to the city. Any fines or fees in excess of the amount of the bond posted shall be ordered to be paid by the owner of the vehicle to the city. The Police Chief shall furnish the owner or person appearing on the owner's behalf with a copy of its order.
(C) Pursuant to KRS 82.625, the Police Chief may consider a parking citation and other written report made under oath by the issuing officer in lieu of the officer's personal appearance at the hearing.
(D) Pursuant to KRS 82.625, an appeal from the Police Chief’s determination may be made to the Kenton District Court within seven days of the determination. The appeal shall be initiated by the filing of a complaint and a copy of the Police Chief’s order in the same manner as any civil action. The action shall be tried de novo and the burden shall be on the city to establish that the impoundment was justified. If the court finds that the impoundment was justified, the owner shall be ordered to pay all fees and fines accruing as of the date of judgment. If the court finds that the impoundment was not justified, the city shall be ordered to release the vehicle, if applicable, and to return all fines and fees paid as a result of the impoundment and the plaintiff shall be authorized to recover his or her costs.
(E) Pursuant to KRS 82.625, the judgment of the District Court may be appealed to the Circuit Court in accordance with the Rules of Civil Procedure.
(Ord. 2014-4, passed 4-10-2014; Am. Ord. 2019-6, passed 6-27-2019)
OTHER VEHICLES; BANNED VEHICLES
(A) It shall be unlawful for any person to park or place on any city street, alley or public way any of the following: any boat, camper, motor home, recreational vehicle of any kind, moving van, inoperative vehicle and equipment, trailers of any kind including, but not limited to, boat trailers, tractor trailers and utility trailers, heavy trucks and other such equipment, dumpsters, storage containers and trucks or vehicles having more than six wheels.
(B) The following exemptions shall apply:
(1) Trucks loading and unloading for business purposes;
(2) School busses loading and unloading;
(3) Those displaying a current, valid city permit to do so.
(Ord. 2014-4, passed 4-10-2014)
(A) Pursuant to § 72.60, permits to park or place an otherwise banned vehicle on a city street, may be requested at the Ludlow City Building.
(B) Permits for boats, campers, recreational vehicles and motor homes may be issued for the purposes of loading and unloading only. If permits are requested for two separate dates coinciding with the departure and return from a trip, two permits, each for a 24 hour period may be issued. For the purpose of the permit fee, this shall be considered one permit.
(C) Permits for dumpsters and temporary storage containers properly marked with reflective devices may be issued for up to seven days.
(D) All other permits shall be for a 24 hour period.
(E) All permits must be conspicuously displayed on the vehicle while parked on a city street.
(F) The city reserves the right to refuse to grant a parking exemption if, in their opinion, the exception is not needed or may create a potential traffic problem.
(G) A fee of $25 shall be charged for each permit issued.
(Ord. 2014-4, passed 4-10-2014; Am. Ord. 2019-6, passed 6-27-2019)
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