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HomeMy WebLinkAboutOrdinance 2784 r. _ tT A6'/ CjAq 4 q/� O ORDINANCE N0 , cG�V�'1 AN ORDINANCE AMENDING ORDINANCE NO . 2769 TO AMEND THE PROVISIONS FOR THE IMPOUNDMENT AND TOWING OF ILLEGALLY PARKED VEHICLES PRESCRIBED THEREBY , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That Section 1 of Ordinance No . 2769 is hereby amendeU by amending the last sentence in subparagraph 2 of said section to read as follows : Cars so towed away shall be stored in a safe place desig - nated as an official police garage by the Chief of Police . Section 2 . That Section 1 of Ordinance No . 2769 is hereby amended by adding subparagraph ( 4 ) , ( 5 ) , and ( 6 ) to a read as follows : ` 3 ( 4 ) POST - STORAGE HEARINGS FOR IMPOUNDED VEHICLES V When any vehicle is impounded by or at the request ;J of the City of Fayetteville , its agents or employees ( pursuant to this chapter or otherwise ) , the owner or any person legally entitled to possession of the vehicle shall have the right to. a post - seizure administrative C hearing to determine whether there was probable cause to impound the vehicle , if such person files a written demand for such a hearing with the City Manager within ten ( 10 ) days after the mailing date of a Notice of Stored Vehicle . The Notice of Stored Vehicle shall be sent by certified mail , return receipt requested , to the registered owner or his agent within forty- eight ( 48 ) hours , excluding weekends and holidays , after impounding and storage of the vehicle . ( 5 ) CONDUCT OF HEARING A hearing shall be conducted before a hearing officer designated by the City Manager and shall be held within forty - eight ( 48 ) hours from receipt of a written demand therefor , unless the right to a speedy hearing is waived in writing . Saturdays , Sundays , and City holidays are to be excluded from calculating said 48 -hour period . The hearing officer shall not be the person who directed the impounding and storage of the vehicle . The sole issue before the hearing officer shall be whether there was probable cause to impound the vehicle in question . IR1052 SK MICKUrkwY,Od CERTIFICATE OF RECORD STATE OF ARKANSAS Washington Count I SS. I, Alma L.. I;o,'Iq.: 11;, Circuit Cl?rk and Ex-Officio Recorder for Washington Cour. rh h_re'ty ^artify that th= aroexed or fore. going instrument Wv fll.::f Or record in my office on tho__day of _,19_at_o'rlock_", and the samo is duly rerorded in__ record at page_ Witrnss my hand and seal this _- day of _ 1g_ Circuit Clerk and Ex-Officio Recorded fay Deputy CietK J The hearing officer shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence . The person demanding the hearing shall carry the burden of establishing that such person has the right to possession of the vehicle . The City shall carry the burden of establishing that there was probable cause to impound the vehicle in question . At the conclusion of the hearing , the hearing officer shall prepare a written decision . A copy of such decision shall be provided to the person demanding the hearing and to the registered owner of the vehicle . The hearing officer ' s decision shall in no way affect any criminal proceeding in connection with the impoundment . The decision of the hearing officer shall be final . Failure to request or attend a scheduled post - seizure hearing shall be deemed a waiver of the right to such hearing . ( 6 ) DECISIONS OF THE HEARING OFFICERS AND THEIR EFFECT The hearing officer shall only determine whether there was probable cause to impound the vehicle . If the hearing officer determines that there was no probable cause , the hearing officer shall prepare and date a Certificate of No Probable Cause , a copy of which shall be given to the registered owner of the vehicle or his agent and to the Police Department . Upon receipt of the owner ' s copy of such certificate , the Official Police Garage having custody of the vehicle shall release the vehicle to the owner or his agent . Upon a finding of no probable cause , towing and storage fees shall be paid by the City in accordance with arrangements made between the City and the Official Police Garages . If the owner or his agent fails to present such certificate to the Official Police Garage having custody of the vehicle within twenty- four ( 24 ) hours after receipt thereof , excluding such days when the Official Police Garage is not open for business , the owner shall assume liability for all subsequent storage charges . The certificate shall contain a notice of this presentation requirement . If the hearing officer determines there was probable cause for impounding the vehicle , the registered owner , or his agent , may obtain release of the vehicle by posting a bond in a reasonable amount specified by the municipal court . The Official Police Garage having custody of the vehicle shall release it to the registered owner , or his agent , upon presentation of a receipt evidencing the posting of said bond . - 2 - M14.052 SS01 . L CERTIFICATE OF RECORD STATE OF ARKANSAd J SS. VJashingior, Cr,unry I, Alma L.. Ko:l ^.ye•. Circuit Clerk and Ex-Officio Recorder for Washinsfon County, ds herby certify that the annexed or fore. going instrument was fil d for reaordin my office on tha__day of 19_at_o'clock—M, and the same is duly recorded in_ record at pavo__ Witness my hand and seal this—.day of--19— Circuit f 19_Circuit Clerk and \ Ex-Officio Recorded , ey Deguty Clerk 1 Section 3 . The Board of Directors hereby determines that effective regulation of vehicular parking on public streets is essential to the public safety and welfare , and hereby determines that the immediate passage of this ordinance is necessary to accomplish such regulation . Therefore , an emergency is hereby declared to exist , and this ordinance being necessary for the public safety and welfare shall be in full force and effect from and after its passage and approval . PASSED AND APPROVED this �k- day of 1981 . APPROV D : 'AYEI'TFTGA MAYO/� :i ATTEST : .' C3TY, .CL R - 3 - M1052 890 4 CERTIFICATE OF RECORD STATE OF ARKANSAS SS. Washington County - I, Alma L. Ko!lmeyer, Circuit Clerk and Ex.officio Recorder for Washington County, do hor:;by certify that the annexed or fore- going instrument v✓ate. fiiad/for recon in my office on thad4day ofGid / P l 1�!—atf0 c' -:o :F/lVI ;and the same Issp duly recorded in ab/1A--- rrxhrd - at page Witness my hand and seal this3day of m& Circuit Clerk and c.Officio Reqrded By Deputy Clerk }2}� ofy�:KuR595 CJS Cf recoruer fol* E' .o i:i.f ..r t c:, c,t ::vii, , d� horn , Ly cor}i'ryOIL rem-d ^y, oii e a t _nmo pcsrs in Unciae,^.ee �. i=e_a!�(ien bock VYitnoss my r E: •rd -::d soil E:.,�--�— of City C?ark an -officio Rocorder r 17 fed : a i fn .T . � . . - arATE of ARRAxses �. County of Washington hereby certify that I ryltlllNASCE N0. 2761 The hearing dTHWE9T ARKANSAS TIMER, a dally ticer•e OWN]" thall In '7 k7"' 'An Ordinance seced "' amending Ordinance n0In eomecfion will the Impntndmem°y affect any.erlminal prtrcteding am the Publisher of THffi NOEt h No, 21m to amend the provisions far � , sews per having a second class malling privilege• and being not lees than the Impoundment and towing of The decision of the hearing officer � filegally parked vehicles prescribed "it be final. Failure to request or 'our pages Of five columns each, published at ¢ fixed place of business and at thereby. • • ) attend a scheduled poabselsurc 1fix� (dally) i¢tervale continuously in the City of Fayetteville, County of IBe it Ordsinad by the saerd of hearn shall be deemed a waiver d Directors of the City of Fayeurville, the rlg�iI w suehheering.•. Washington, Arkansas for more than a period of twelve months, circulated Arkamue . (fit tteclate a the rearing Officer Section 1 :That Srcuaa� - f' d londmeirenrct Ind distributed from an established place of business to subscribers and Ordinance Na. t1eD Is hereby amended 'The hearing officer shell Only readers generally Of all classes in the City & County for a definite price for I 1by emendlup We last sentence In determine whether thele wus prebablo subparagraph 2 of said section to read cause to Impound the vehicle. If the aach copy, or a flied price per annum, which price was fixed at what Is I "follows: . . , hearing officer determines that Nen: considered the value of the publication, based upon the news 'value and ^ Caruso toned away shall be stored was no probable tal ee, the hearing Inasatl place AcslgnAlnl wenn offiNal ' Offleer shall prepare and data u service value it contains, that at least fifty percent of the subscribers • Certificate of No Probable Cause, o thereto have paid cash for their subscriptions LO the newspaper or its agents pollCego 2, by the GktofPolica. f toper of which shall be given to lies thereto Ord nl ance No. 2200 is hhemb emtnded rrgldlred owner of the vehicle or hla or through recognised news dealers over a period Of at least six MODth9 : by adding subparagraph t1;, til, and , agent and to the Police Department. (6) toreadasronowa: p; .. •;t Upon m�tippI of The.awnor'a ropy of and that the said newspaper publishes an average of more than forty percent Wl PostStaage Heariap. . for ouch certificate, . the Official 13011" now matter. IllparMing Vemdel�q:i1'rS`y Garage havingq cuslndy nCIAe vehicle ,he 'hen ante vehicle Is inpoanded by Ar- sh011 release the vehiela to the of at the request of the -•City' d . ar his agent. Upon a finding of no I further certify that the legal notice 'hereto attached In the matter of Payaueville, Its agents or,employess probable cause, towing and storage , (Pursuant to els . 'chapter • or Rees .non be paidby the City In . ^ ^ t--r r� olherwisel, the owner w. any pen. actordacee with arrangements made e /^, ^^' 1 ' / _ (1 ' / - Ilggally entitled to session Of the between the Cit and the Officinl°' \ / � ' n L Y Y r so lots shall have the right W a posLi. Pollcd Garages. ltlhe owner or Ids seizure _ adminlatmUme, heAring. on; agent falls to recant such certificate .determine whether then was proboblN. Io,lha'Offiew Police,Garage having,' - _ CAM to Impound the vehicle.-If suet. Poslody'oflhe veldcle within twenty was published In the regular daily issue of said newspaper for Persian fin a written demand far each fa (]O htwm after receipDt thereof, consecutive insertions as follows: I s hearing with the City •Marugmexcluding such days when IM Official .. within ten no) days after the mailing Police Garage is not open for haslnen •• ' date of a NoUce of Stored Veldcle,The Sm owner shall easume liability for all The first insertion on the �1JJ.YL� day of rei of Stored Vehicle shall be Neel 111 mi i0 rage charges. Tho by Certified mail Center- receipt ' ann urate shall cunlain a notice oftM• 19 requested; to the mastered owner or presentallon requirement.' day Of his agent within ble yyMIghd (a) hwrs. If the heanng officer ' deterndnrs the second insertion On the excluding week= 'and hillidnys, . ,there wait pronabie' cause. for After Impounding and. storage Arius , impounding the vehicle, the registered the third Insertion On the day of 19 vehicle. . – ,an.c-..7i:.,c. .;;, owner, pr his Agent;_rosy eIbtnin I S) Cooduclufllearing ;•: , _ m rellaxe'u' the vehicle by povm:g A bond A hearing shall Car conducted before a mosotuble Amount specified by etas 79 a hearing officer designoted by Ute , the' mauICIWcourt: The co 'Tho Official and the fourth insertion on the Of City Manager aid shall M held within 'Polite Garage hiring cuatMy of the forty.elght i hours from rcaeipl Ol a vehicle shall mien" 11 to the written demand themlo a -udess'theregistered owner, or his. agent, uptn Mai 11111 � ha•eright to a spmdy hearing u waived in , gwentallon of a receipt evidencing writing. Saturdays, Sundays, and Cibl thepostingof said bond. did em to be excluded fire - Section J. The gassed of Directors q ' Calculi g sold eO�hour period. The . hereby 'delermines that effective }1.:_.day of hmra officer shall not be the person rreeasuulattan al - vehicular perking on Sworn to and subscribed before in OII this %no directed the . bar ins and publiC nreets Is essential to the Wblfc sense of (M1e vMitle, Tree ode Issue safety and , welfare. and hereby before the hearing officer .shall be determines • that` the immediate - 19 whether them was nnobeble cause to r°°age at this Ordinance Is neceuory Impound the vehicielnquestlon:• ; o accomplish such regulation. The hearing officershall amduet the Therefore, an emergency is hereby (^\ 0n � hearing- in an Informal manner and , declared W axial, and this ordinance C ! _h shell not be bound by technical rules of tidg necessary for the public safety �' I evidence, The person_ demanding the ami welfare shall be In lull form and Notary Public _ hearing shall carry the burden of efrsct tom And after Its passage old establishing that such person has the ?pprovnl."'• - r • n right to Possession of the vehicle. Ti Passed And Approved this latb day t�pf City droll tarty the burden ce dllnsembar. MI. my Commission Expires: O ; • ),) Ulf) 1 establishing that them'w'as pobabla �� ,..::•, d� Y Approved: cause W impound the tee role'i In • ,4 Johnl'tdd \ 1 •� � I �3 �- i` (a� '•a gearing. Al' the conclusion of led'. , Mayor d"� — � . , hearing, the hearing officer : shall. Attest: prepare a wrilter. decision. A Copy of Sherrvv R;Ave tr'' • � � •• f,r. Sf such decision short he provided W the City Ucrk Zdemanding UN hearing and W seal We mgigt_red resit W lite �roAicle 1AC 1�_. _. Fees for Printing Cost of Proof • ' . . •'.',� Total f • • I L. t Ai'1d1I1?Ills itllYAliti.