(A) Establishment of Hearing Board. It is hereby established within the city a Hearing Board pursuant to KRS 82.600 consisting of one person who shall also serve as a Hearing Officer. All actions of the Hearing Officer shall be considered to be actions of the Board.
(B) Definition. As used herein, the term PARKING ORDINANCE means an ordinance regulating parking, standing, or stopping upon the public streets or ways within the city.
(C) Enactment of parking ordinances. The city hereby declares its intention to enforce parking penalties as civil violations pursuant to the procedures set forth in KRS 82.600 to KRS 82.640.
(D) Citation for parking violation; notice.
(1) If any motor vehicle is found parked, standing, or stopped in violation of a parking ordinance of the city, the vehicle may be cited for the appropriate parking violation.
(2) Citing officers shall note the vehicle’s registration number and any other information concerning the vehicle which will identify it and, if the driver is not present, shall conspicuously affix to the vehicle a note of the parking violation containing a statement that the notice represents the determination that a parking violation has been committed by the owner of the vehicle, and that determination shall be final unless contested as provided in KRS 82.600 to 82.640, a statement that 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, a statement of the specific parking violation for which the citation was issued, a statement of the monetary penalty established for the parking violation, and a statement of the options provided in KRS 82.600 to 82.640 for responding to the notice and the procedures necessary to exercise these options.
(3) The notice of parking violation represents a determination that a parking violation has been committed, and such determination shall be final unless contested as provided in KRS 82.600 to 82.640.
(E) Response to notice.
(1) Any person who receives notice of a parking violation shall respond to such notice as provided in this section within seven days of the date of the notice, by either paying the fine set forth in the notice or requesting a hearing pursuant to KRS 82.620.
(2) If the owner of a vehicle cited for a parking violation has not responded to the notice within seven days, as provided in division (E)(1) above, the City Clerk/Treasurer shall send a second notice by ordinary mail to the last known address of the registered owner of the vehicle as listed on the certificate of title. Such notice shall state the violation, date, location, and type of vehicle and:
(a) The fines provided for in this section hereof have doubled;
(b) The motor vehicle involved in the violation is subject to towing and impoundment; and
(c) The owner shall be deemed to have waived his or her right to a hearing and the determination that a violation was committed shall be considered final. Any person who fails to request a hearing or pay the fine within the seven days shall be deemed to have refused to pay the fine levied by the citation and such person shall be charged the sum of a $10 administrative fee related to the aforesaid notice, which fee shall be added to any penalties assessed under this section.
(3) The registered owner of a vehicle at the time the violation occurred shall be liable for all fines, fees, and penalties which he or she has refused to pay.
(F) Contest of violation determination; hearing; appeal.
(1) Any person cited for a parking violation under KRS 82.610 may contest the determination that a violation occurred by requesting in writing a hearing before the Board. Such hearing shall be held no later than 14 days from the date of the receipt of the request, unless prior to the hearing the person requesting such hearing requests an extension of time not to exceed 14 days. Not less than seven days prior to the date set for hearing, the Board 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 this citation.
(2) At the hearing, after consideration of the evidence, the Board shall determine whether a violation was committed. Where it has not been established that the violation was committed, an order dismissing the citation shall be entered. Where it has been established that a violation was committed, the Board shall uphold the citation and order the owner to pay the citation within seven days. A copy of such order shall be furnished to 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.
(3) The Board 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.
(4) An appeal from the Hearing Board’s determination may be made to the County District Court within seven days of the Board’s determination. The appeal shall be initiated by the filing of a complaint and a copy of the Board’s order in the same manner as any civil action under the Kentucky 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 local government all fines, fees, and penalties occurring as of the date of the judgment. If the Court finds that a violation did not occur, the local government shall be ordered to dismiss the citation and the plaintiff shall be authorized to recover his or her costs.
(5) The judgment of the District Court may be appealed to the Circuit Court in accordance with the Kentucky Rules of Civil Procedure.
(G) Impoundment; charges; hearing on validity of impoundment; appeal.
(1) The city may impound a motor vehicle parked, stopped, or standing upon a street or public way within its jurisdiction in violation of an ordinance or statute prohibiting parking, stopping, or standing in the location, manner, or at the time the vehicle is cited, or for any other lawful reason.
(2) The release of an impounded vehicle shall be conditioned upon the payment of the towing, handling, and storage charges imposed thereon, unless the owner or other person entitled to possession challenges the validity of the impoundment pursuant to division (G)(3) below. A vehicle may be released to the owner or other person entitled to possession only upon proof of ownership or right to possession. Any person who is not the registered owner of the vehicle shall post reasonable security, bond, or other assurance of indemnification prior to having the vehicle released to such person.
(3) The owner of a motor vehicle which has been impounded pursuant to this section, or any other person entitled to possession, may challenge the validity of such impoundment and request in writing a hearing before the Hearing Board with the City Clerk/Treasurer. 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 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.
(4) (a) Not less than five days prior to the date set for the hearing, the City Clerk/Treasurer shall notify the person requesting the hearing by certified mail 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 (G)(3) above, 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, time, and place of the hearing.
(b) 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 or her and the owner’s behalf the validity of the impoundment.
(c) At the hearing, after consideration of the evidence, the Board shall determine whether the impoundment was valid and reasonable. Where it has not been established that the impoundment was not justified, an order releasing the vehicle shall be entered. All fines and fees paid and 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 Board 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 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 Board shall furnish the owner or person appearing on the owner’s behalf with a copy of its order.
(d) The Board may consider a parking citation and any other written report made under oath by the issuing officer in lieu of the officer’s personal appearance at the hearing.
(e) An appeal from the Board’s determination may be made to the County District Court within seven days of the Board’s determination. The appeal shall be initiated by the filing of a complaint and a copy of the Board’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 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.
(f) The judgment of the District Court may be appealed to the Circuit Court in accordance with the Kentucky Rules of Civil Procedure.
(2010 Code, § 72.13) (Ord. 7, 2011, passed 6-30-2011; Ord. 14, 2011, passed 10-24-2011; Ord. 3, 2012, passed 3-12-2012) Penalty, see § 72.99