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PARKING CITATION ENFORCEMENT
(A) If any motor vehicle is found parked, standing or stopped in violation of any parking ordinance or other ordinance passed by the city, the vehicle may be cited for the appropriate parking violation either in-person by a citation officer, or through automated enforcement using automated license plate recognition (ALPR) technology. If the vehicle is cited in-person by a citation officer, the citing officer 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 notice of parking violation. If the vehicle is cited through automated enforcement, the ALPR technology shall note the vehicle’s license plate number and any other available information concerning the vehicle which will identify it, and shall direct a citation to be sent to the mailing address on record with the Kentucky Department of Motor Vehicles for the registered owner of the vehicle. Pursuant to KRS 82.615(3) the registered owner of a vehicle at the time the violation occurred shall be liable for all fines, fees and penalties issued hereunder.
(B) The form of the notice of the parking violation shall contain in substance the following information:
(1) A statement that the notice represents a determination that a parking violation has been committed by the owner of a vehicle and that the determination shall be final unless contested as provided for in § 72.992
;
(2) A statement that the 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;
(3) A statement of the specific parking violation for which the citation was issued;
(4) A statement of the monetary penalty established for the parking violation;
(5) A statement that the violator may contest the determination that a violation occurred by requesting, in writing, the City Clerk for a hearing before the hearing officer.
(C) A notice of parking violation represents a determination that a parking violation has been committed, and such determination shall be final unless contested as provided for in § 72.992
. The registered owner of the vehicle at the time the violation occurred shall be liable for all fines, fees and penalties associated with the violation. The fact that a vehicle which is illegally parked is registered in the name of a person shall be considered prima facie proof that such person was in control of the vehicle at the time of the violation. In the case of a bailment or lease of a vehicle, the bailee and bailor and lessor and lessee shall be jointly and severally liable for all fine, fees and penalties associated with any violation.
(Ord. 0-90-008, passed 4-9-90; Am. Ord. O-2023-16, passed 12-27-23)
(A) Any person who received notice of a parking violation shall respond to such notice within twelve (12) days of the date of the notice, by either paying the fine set forth in the notice or requesting a hearing pursuant to § 72.992
.
(B) If the owner of the vehicle cited for parking violation has not responded to the notice within twelve (12) days as provided for in division (A) above, the city shall send a second notice by regular first-class mail of the United States Postal Service to the last known address of the registered owner of the vehicle as listed on the certificate of title. Such notice shall state that if the owner of the vehicle does not respond to the notice by either paying the fine or by requesting in writing a hearing pursuant to KRS 82.620, within seven (7) days of the receipt of the notice, the owner shall be deemed to have waived his 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 (7) days shall be deemed to have refused to pay the fine levied by the citation.
(C) The registered owner of a vehicle at the time the violation occurred shall be liable for all fines, fees and penalties which he has refused to pay.
(D) Failure to pay any fine, fees and penalties as provided for herein within thirty (30) days from the date of the notice shall constitute a misdemeanor, and shall be subject to the penalty provisions of § 72.999
(B).
(Ord. 0-90-008, passed 4-9-90; Am. Ord. 0-90-018, passed 5-29-90; Am. Ord. 0-2008-021, passed 9-8-08; Am. Ord. 0-2011-020, passed 6-13-11; Am. Ord. O-2023-16, passed 12-27-23) Penalty, see §
72.999
(A) Any person cited for a parking violation as provided for herein may contest the determination that a violation occurred by requesting in writing with the City Clerk a hearing before the hearing officer, and tendering to the City Clerk the fine set forth in the notice and hearing costs in the sum of ten dollars ($10). Such hearing shall be held no later than thirty (30) days from the date of receipt by the Clerk of the requests, unless prior to the hearing the person requesting such hearing requests an extension of time not to exceed thirty (30) days. No less than seven (7) days prior to the date prior to the hearing, the City Clerk 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 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; further, the person shall be deemed to have refused to pay the fine levied by the citation. In that event, the fine and hearing costs submitted by the person requesting a hearing shall be retained in full by the city.
(B) At the hearing, after consideration of the evidence, the hearing officer shall determine whether a violation was committed. Where it has not been established that the violation was committed, an order dismissing the citation may be entered. In the event of a dismissal, the fine and hearing costs tendered by the party requesting the hearing shall be returned immediately by the city. Where it has been established that a violation was committed, the hearing officer shall uphold the citation and the fine and hearing costs submitted shall be retained in full by the city. A copy of such order shall be furnished to the owner.
(C) The hearing officer may consider the parking citation and any other written report made under oath by the officer who issued a citation in lieu of the officer’s personal appearance at the hearing.
(D) An appeal from the hearing officer’s determination may be made to the District Court of Pike County within seven (7) days of the date of the hearing officer’s determination. The appeal shall be initiated by the filing of a complaint and a copy of the hearing officer’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 did occur the city shall be permitted to keep fine and hearing costs tendered to the city and shall recover from the owner any court costs associated with the appeal. If the court finds that a violation did not occur, the city shall be ordered to dismiss the citation, return the fine and hearing costs tendered by the owner along with his or her taxable costs of the appeal.
(E) The judgment of the District Court may be appealed to the Circuit Court in accordance with the Rules of Civil Procedure.
(F) The city shall be authorized to employ on a part-time or full-time basis an individual to serve as a hearing officer pursuant to this subchapter at such compensation as the Board of Commissioners feels reasonable.
(Ord. 0-90-008, passed 4-9-90; Am. Ord. 0-2014-008, passed 5-12-14; Am. Ord. O-2023-16, passed 12-27-23)
(A) (1) The city may impound any motor vehicle parked, stopped or standing upon a street or public way within the city in violation of any ordinance or statute prohibiting parking, stopping or standing in the location, manner or at the time the vehicle is cited for any other lawful reason.
(2) The city may also impound a motor vehicle or temporarily disable a motor vehicle with the use of the device intended to temporarily prevent a vehicle from being moved if said vehicle currently has three (3) unpaid violations for which the appeal time has expired for thirty (30) days, and the city has sent the owner of the vehicle as listed on the certificate of title a notice as provided for in § 72.991(B) or if the vehicle has received greater than three (3) citations in a thirty (30) day period. Every owner of a vehicle who has received such notice or who allows his or her vehicle to receive three (3) citations in a thirty (30) day period will have been deemed to have knowledge of the city’s intention to collect delinquent fines, fees and penalties for parking citations through the impoundment or temporary disabling of the vehicle for which was issued a parking citation. The owner shall be considered to have been given his due process before impoundment or temporary disabling by virtue of his or her right to a hearing and notice thereof as provided in §§ 72.991 and 72.992.
(3) The city, in addition to the fines, fees and penalties levied for parking violations or hearing costs, shall be entitled to collect reasonable towing, handling and storage charges for impounded vehicles.
(4) The Police Department, City Manager, or other city employee designated by the City Manager are hereby authorized to impound a motor vehicle pursuant to this section or have the vehicle moved and towed away by a commercial towing service. Cars so impounded shall be stored in a safe place and shall be returned to the owner or operator of such vehicle upon payment of an impoundment and/or disabling fee of one hundred dollars ($100.00), and all outstanding fines, fees and penalties assessed against the vehicle or its owner, in addition to reasonable charges for towing and storage. Towing and storage charges for commercial towing services shall be approved in advance by the City Manager. A vehicle may be released to the owner or other person entitled to possession only upon proof of ownership or right to possess. The city may require reasonable security, bond or other assurances of indemnification from a person who is not the registered owner of the vehicle prior to release of the vehicle to such person.
(5) The owner of the motor vehicle which has been impounded or disabled pursuant to this section or any other person entitled to possession, may challenge the validity of such impoundment or disablement by request, in writing, to the City Clerk for hearing before the hearing officer. The hearing shall be conducted within ten (10) 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 may retain possession of the vehicle pending the hearing, unless the owner or other person claiming right of possession posts a bond, with surety or cash in an amount equal to the fines, fees, penalties and towing charges accrued against the vehicle or the owner thereof as of the date of the hearing request, or one hundred dollars ($100.00), 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 seventy two (72) hours of the date the requests for hearing is received, unless such person requests or agrees to a continuance.
(a) No less than five (5) 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 case the hearing is required to be held within seventy two (72) hours of the date of the request as provided for in division (A)(5) of this section, the person requesting the hearing shall be informed at the time of his request, or as soon thereafter as practical, of the date and time 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 and the owner’s behalf the validity of the impoundment or disablement.
(c) At the hearing, after consideration of the evidence, the hearing officer shall determine whether the impoundment or disablement was valid and reasonable. Where it has not been established that the impoundment was justified, an order releasing the vehicle shall be entered. All towing and storage fees and towing and/or impoundment fees paid or amounts posted as bond because of the impoundment or disablement of the vehicle shall be returned. If the hearing officer also determines that violation was not committed, the fine and penalty shall also be returned. Where it has been established that the impoundment or disablement was justified, the hearing officer shall uphold the impoundment or disablement and condition the release of the vehicle upon payment of all fines, penalties and fees accruing thereto. If bond has been posted as security for release of the vehicle, the bond shall be forfeited to the city. Any fines or fees in excess to the amount of the bond posted shall be ordered to be paid by the owner of the vehicle to the city. The hearing officer shall furnish the owner or person appearing on the owner’s behalf with a copy of his or her order.
(d) A hearing officer 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.
(B) (1) If within ten (10) business days of the impoundment or temporary disablement a motor vehicle impounded or disabled by the city has not been claimed, or a hearing has not been requested pursuant to division (A), notice shall be mailed by certified mail to the registered owner, if known, and lienholders of record, if any, by affording such parties the right within ten (10) days from the date of notice to claim the vehicle or request a hearing pursuant to division (A). The notice shall state that, if no hearing is requested, the vehicle shall be deemed abandoned unless the charges thereon are paid within ninety (90) days of receipt of notice. Any vehicle temporarily disabled through the use of a disabling device may be impounded by the city if the disabled vehicle has not been claimed within twenty four (24) hours of the installation of the disabling device.
(2) After ninety (90) days from the date of notice required by, division (B)(1), an impounded or disabled motor vehicle shall be deemed abandoned and the vehicle shall escheat to the city.
(3) If the vehicle is judged suitable for use, the city may obtain a certificate of registration and ownership from the County Clerk pursuant to KRS 186.020 and either use the vehicle for governmental purposes or sell the vehicle at public auction to the highest bidder. If the vehicle is not suitable for use, it may be sold for scrap or junk value.
(C) The city shall possess a lien on a motor vehicle impounded or disabled pursuant to this section as permitted by KRS 82.635 for all fines, penalties, and towing, handling and storage charges and put fees imposed thereon. Such lien, shall be superior to and have priority over all other liens thereon.
(D) When an abandoned, intended, wrecked, or burned vehicle is creating a traffic or fire hazard because of its position in relation to the highway or its physical appearance causing or impeding traffic, the Police Department may authorize immediate removal from the public way by impoundment as provided herein.
(Ord. 0-90-008, passed 4-9-90; Am. Ord. 0-2007-013, passed 4-23-07; Am. Ord. 0-2008-021, passed 9-8-08; Am. Ord. O-2018-13, passed 7-23-18; Am. Ord. O-2023-16, passed 12-27-23)
It shall be a misdemeanor for any person, firm or corporation to interfere with the enforcement of any parking ordinance or parking citation enforcement procedure through the use of any device, scheme or other method or to attempt to interfere with Parking Enforcement Ordinance; the ALPR technology deployed by the city including but not limited to devices or scheme to obscure a vehicle’s license plate; the impounding or disabling of a vehicle pursuant to this subchapter, including but not limited to the tampering or attempted removal of any temporary disabling device installed pursuant to the provisions of this subchapter. Violation of this section shall be punishable as set forth in § 72.999
(B) for each offense.
(Ord. 0-90-008, passed 4-9-90; Am. Ord. O-2023-16, passed 12-27-23)
(A) The security officers duly authorized and employed by the Pikeville Medical Center and Pikeville College are hereby empowered to issue parking traffic citations in the name of the city, limited, however, to violators charged with parking violations at the Pikeville Medical Center and Pikeville College, and no further. All parking violations shall be clearly designated by the hospital and all designated parking clearly striped.
(B) The parking violators shall be subject to the usual and customary fines and forfeitures made and provided for in the existing city ordinances for parking violations.
(Ord. 0-94-004, passed 3-28-94; Am. Ord. 0-2007-013, passed 4-23-07; Am. Ord. O-2023-16, passed 12-27-23)
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