HomeMy WebLinkAboutOrdinance 2784 r.
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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
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recoruer fol* E' .o i:i.f ..r t c:, c,t ::vii, , d� horn
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rem-d ^y, oii e a t _nmo
pcsrs in Unciae,^.ee �. i=e_a!�(ien bock
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of
City C?ark an -officio Rocorder
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fed : a i fn .T . � . .
-
arATE of ARRAxses
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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.