§ 71.06 TWO HOUR PARKING.

   (A)   For purposes of this section, "HOLIDAY" shall be defined as a day the city hall is closed or those days designated by an act of Congress, the Kentucky General Assembly, or the City of Morehead as a holiday.

   (B)   Two hour parking zones are hereby established by the city on those streets or portions of streets set out in Chapter Chapter 73, Sched. XI, and any and all parking lots owned by the City of Morehead.

   (C)   A vehicle may be temporarily parked and be allowed to remain parked in a two-hour parking zone for a continuous period of no more than two (2) hours between the hours of 7:00 a.m. and 6:00 p.m. except Saturdays, Sundays, and holidays.

(Ord. 19:95, passed 7-10-95; Am. Ord. 23:99, passed 6-14-99) Penalty, see § 71.99 (D)

Cross-reference:

   Two-hour parking zones, Ch. 73, Sched. XI

ENFORCEMENT PROCEDURES

§ 71.15 PARKING VIOLATIONS ENFORCED AS CIVIL VIOLATIONS.

   All violations of parking ordinances shall be enforced as civil violations.

(Ord. 16-93, passed 11-15-93)

§ 71.16 CITATIONS.

   If any motor vehicle is found parked, standing or stopped in violation of a parking ordinance of the City of Morehead, the vehicle may be cited for the appropriate parking violation. The Code Citation Officer or Enforcement Officer shall note the vehicle's registration number and any other information concerning the vehicle which will identify it. If the driver is not present the citing officer shall conspicuously affix a copy of the citation to the vehicle with notice of the following:

   (A)   The citation represents a determination that a parking violation has been committed by the owner of the vehicle. The owner of the vehicle has seven (7) days to pay the fine noted on the citation. The owner may contest the determination by requesting, in writing, a hearing before the Code Enforcement Board within seven (7) days of the date of the citation. Should the cited individual fail to request a hearing before the Code Enforcement Board within seven (7) days of the date of that citation or pay the fine the determination that a violation was committed shall be final;

   (B)   A parking violation may result in impoundment of the vehicle for which the owner may be liable for a fine and towing, handling and storage charges or fees, and any and all outstanding parking fines;

   (C)   The citation must contain a statement of the specific parking violation for which the citation was issued; and the monetary penalty established for the parking violation; and

   (D)   A request for a hearing before the Code Enforcement Board must be directed toward the Code Enforcement Board and received by the City of Morehead Police Department within seven (7) days of the date of the citation. The request for a hearing must identify the citation and contain the name, address and phone number of the owner of the vehicle. Such hearing before the Board shall be held no later than fourteen (14) days from the date of receipt of the request. No less than seven (7) days prior to the date set for the hearing, the Code Enforcement Board shall notify the registered owner of the vehicle of the date, time and place of the hearing. Prior to the hearing the contestant may request an extension of time for the hearing not to exceed fourteen (14) days. 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.

(Ord. 16-93, passed 11-15-93; Am. Ord. 13:94, passed 6-6-94; Am. Ord. 31:97, passed 10-13-97;; Am. Ord. 23:99, passed 6-14-99)

§ 71.17 HEARING BOARD.

   The Hearing Board shall be the Code Enforcement Board established pursuant to Chapter Chapter 34.

(Ord. 16-93, passed 11-15-93; Am. Ord. 31:97, passed 10-13-97)

§ 71.18 DETERMINATION OF VIOLATION.

   At the hearing, after consideration of the evidence, the Code Enforcement Board shall determine whether a violation was committed. Where it has been established that a violation was committed, the Code Enforcement Board shall uphold the citation, and order the owner to pay the citation within seven (7) days. A copy of such order shall be furnished to the owner. Any person ordered to pay a fine and fails to do so within seven (7) days shall be deemed to have refused to pay the fine levied by the citation.

(Ord. 16-93, passed 11-15-93; Am. Ord. 31:97, passed 10-13-97)

§ 71.19 CONSIDERATION OF CITATION BY OFFICER.

   The Code Enforcement Board may consider the parking citation and any other written report made under oath by the officer which issued the citation in lieu of the officer's personal appearance at the hearing.

(Ord. 16-93, passed 11-15-93; Am. Ord. 31:97, passed 10-13-97)

§ 71.20 APPEAL PROCEDURE.

   An appeal from the determination may be made to the Rowan District Court within seven (7) days of the Code Enforcement Board's determination. The appeal shall be initiated by the filing of a complaint and a copy of the Code Enforcement Board'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 of Morehead to establish that a violation occurred. If the court finds that a violation occurred, the owner shall be ordered to pay 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 of Morehead shall be ordered to dismiss the citation and the plaintiff shall be authorized to recover his costs.

(Ord. 16-93, passed 11-15-93; Am. Ord. 31:97, passed 10-13-97; Am. Ord. 23:99, passed 6-14-99)

§ 71.21 APPEAL OF DISTRICT COURT JUDGMENT.

   The judgment of the District Court may be appealed to the Circuit Court in accordance with the Rules of Civil Procedure.

(Ord. 16-93, passed 11-15-93)

Statutory reference:

   Local Government Parking Citation Enforcement Act, see KRS 82.600-82.635