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HomeMy WebLinkAboutOrdinance 2882 ORDINANCE N0 . AN ORDINANCE AMENDING CHAPTER 19 OF THE FAYETTEVILLE"' �� CODE OF ORDINANCES TO ADD SECTION 19 - 193 AUTHORIZING% * THE IMMOBILIZATION OF ANY VEHICLE ILLEGALLY PARKED i `%M'"., AFTER THE OPERATOR THEREOF HAS BEEN CITED FOR ILLEGAL rte$ Q, rh PARKING MORE THAN FIVE TIMES IN ONE CALENDAR YEAR ; AND ` •. > �' ;;. ., .. DECLARING IT AN EMERGENCY . BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That Chanter 19 of the Fayetteville Code of Ordinances is hereby amended by adding Section 19 - 193 to read as follows : Sec . 19 - 193 . Immobilization of illegally parked motor vehicle . ( a) Immobilization authorized . Employees of the Traffic Department dnd officers of the Police Department are hereby authorized to temnor - arily immobilize any vehicle operated by said person which is parked in violation of anv provision of this Chapter if the owner or operator of said vehicle ( 1 ) has been issued , in the calendar year , five or more tickets , citations , or summons for illegal parking , including overtime parking , ( 2 ) is not contesting one or more of said tickets , citations or summons in a court of law , and ( 3 ) has not paid the applicable fine for any such ticket , citation or summons . (b ) Post - deprivation hearing . When any vehicle is immobilized under the provisions of this Section , the owner or operator shall have the right to a post - deprivation administrative hearing by filing a written request for such a hearing with the City Manager . ( c) Conduct of hearing . A hearing shall be conducted before a hearing officer designated by the City Manager and shall be held within twentv- four hours from receipt of a written demand therefor , unless the right to a speedy hearing is waived it writing . Saturdays , Sundays , and City holidays are V171 869 . 2 . to be excluded from calculating, said twenty- four 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 immobilize the vehicle in question . 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 immobilize 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 immobilization . The decision of the hearing officer shall be final . Failure to request a Dost - immobilization hearing within three days from the date of immobilization , or failure to attend a scheduled post - immobilization hearing shall be deemed a waiver of the right to such hearing ; and , the Police Department shall be authorized to have the vehicle towed to and stored at a safe place designated as an official police garage by the Chief of Police . The owner or operator of the vehicle shall be liable for all towing and storage fees . ( d) Decision of hearing officer . The hearing officer shall only determine whether there was probable cause to immobilize 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 and Traffic Department . Upon receipt of the owner ' s copy of such certificate. , an employee of the Traffic Department or an officer of the Police Department shall remove the immobilization device from the vehicle . If the hearing officer determines that there was probable cause for immobilizing, the vehicle , the registered owner , or his agent , may obtain removal of = 1117t 870 . 3 . the immobilization device by Dosting a bond in a reasonable amount specified by the Municipal Court . The amount of said bond shall be not less than a sum equivalent to the cumulative total of applicable fines , court costs , towing fees and storage fees . Upon pre - sentation of a receipt evidencing the posting of said bond , an employee of the Traffic Department or an officer of the Police Department shall remove the immobilization device from the vehicle . Section 2 . The Board of . Directors hereby determines that effective regulation of vehicular parking 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 c>7/5-/- day of 1� i�.P�ac 1982 . �w^ APPROVED : AYETr � 3 Mavor V. Z , By : City C erc . or, 1!171 871 CERTIFICATE OF RPCORD STATE OF ARKANSAS SS, Washington County I, r` Ima L. Koamzyer, Circuit Clerk and Ex-Officio Recorder for Washington County, do hereby certify that the annexed o�'1fore. go[ Lnstrument was fil d for recordin myuuppffice on the_`kday / of 19 tnrecordj1;V—/ 'clocYA, an ; tae sam(ey isr� ✓/ duly recorded in at pageRU-1 \Nitness my hand and seal thiay of 19� 71 Circuit Clerk and Ex-Officio eco 1 By OL Deputy Clerk CERTIFICATE OF RECORD State of Arkansas ( SS City of Fayetteville I, Suzanne C. Kennedy, City Clerk flnl Ex-Officio recorder for the City of Fayettavilig, do hereby certify that the annexed or forty going is of record in my office and the same ap• I+enrs in Ordinance & Resolution book 4 U—r t =M—a& om• a 3 S"!iOMA$ MY w Milk MMI :�� ORDINANCE NO. jabj AN ORDINANCE AMEN DING CHAPTER 19 OF THE FRYETTEVILLE CODE ' OF . ORDINANCES TO ADO SEC- TION 1N93 AUTHORIZING THE IMMOBILIZATION OF ANY VEHICLE ILLEGALLY STATE Of ARKANSAS PARKED AFTER THE OF ERATOR THEREOF HAS Be. BEEN CITED FOR ILLEGAL County of Washington PARKING MORE THAN FIVE TIMNS IN ONE CALENDAR YEAR: AND DECLARING IT AN EMERGENCY. I, M hereby certify If IT ORDAINED 6Y THE Y that I 86ARD OP DIRECTORS OF am the publisher of THE NORTHWEST ARKANSAS TIMES, a dally newspaper THE CITY.: of F A Y E T - having a second class mailing privilege, and being not less than four pages of 7EVN.LE, ARKANSAS : five columns each, published at a fixed lace of business and at a fixed (daily) Sectldn 1, jhat Chapter of 19 of P P Me PayetNvnle Code of oral Intervals continuously in the City of Fayetteville, County of Washington, Arkansas .rheas Is hereby amended by for more than a period of twelve months, circulated and distributed from an adding Section W191 to read as 1101100i • I- established place of business to subscribers and readers generally of all classes I Sec. 19 19]. 1MMOIS1112ati0n of in the City and County for a definite price for each copy, or a fixed price per Illegally Faulk" minor vehicle.( • ) Immobilization annum, which price was fixed at what Is considered the value of the publication, authorized. based upon the news value and service value it contains, that at least fifty percent Employees of the Traffic of the subscribers thereto have paid cash for their subscriptions to the newspaper Department and officers of the Police Department are hereby or Its agents or through recognized news dealers over a period of at least six authorized to temporarily months; and that the said newspaper publishes an average of more than forty immobilize any vehicle eaeratea by Said Porten which percent news matter. Is parked In violation of any Provision of MH Chapter If the I further certify that the legal notice hereto attached In the matter of Mnew of operstoe of sold :vehicle (1f his been Issued, in the calender year, five or more // - ' n ✓yen , ��� for Illeitswgal Citalparki g, summons Tor time parings. Inc lutlint Overtime parking,. Qt if not I conresting ane or more of said was published in the regular daily issue of said newspaper for !/ tic Rets, citations or summons in a court or law, and Of has consecutive insertions as follows: Y40 Palo me appllcaUe fine for any such f cket,. Cjtstion o, Y3 summem. , The first insertion on the day of 19 u 44 (b) ' PoSt dapfivation near f"°' the second insertion on the da of 19 101111114111 any vehicle Is m y frOblllrild undef the prov.sort of this! Section, me esvner or the third insertion on the day of 19 operator &half hive the riper rc a post - geprivi lod ad , ThIrdstrative Marfne by filing a and the fourth insertion on the day of 19 — wrimain flo"osi for 'such a ' hearing with trio City Manager. GU (tl CaMtrcrO}Marinp. ._ a owl I- A marine shelf M cone CT" �— before a hearing officer Oasig. "too by ten City Manaoaf and worn to and subscribed before me on this Ilia day of Shalt behold within twenty four hours from receipt of a written9 for, Q .Z demand thereunless the ++-v-- right to a speedy hearing is waived In writing. Saturdays, Sundays, and City holidays are to be excluded from calculating NotAry Public Said twenty four hour Period. The hearing officer Mall not be the person who directed Me My Commission Expires: Impounding and Stil l Of the vehicle. The sob Issue before I_ the hearing officer shell be whether there was probsole � cause to Immobilize the vehicle In question. The nearing officer Shan - coni 1M nearing In an in forma monner and Man rot be Fees for Printing $ Z/ / • 6 0 bound by tachn(car ruin of avldenc•. The person demon dinsthe hearing Mall carry TM Cost of Proof — $ burden of NtabliMlno that - wch person has the right to Possession of the vehkle. The Total $ City Mall carry the burden of establishing that 'he" was probable Cause to immobilize the vehicle In question. At the conciuslan of the hearino, the hearing officer shall proper* e written decision, A Copy of such decision Mau be provided to the parson demanding the hearing and to the registered owner of the vehicle. The hearing officers doclslon Shelll . in no way affect any criminal proceetling In conn"tfon wom the immobilization. The tle- cisbn of Me Marino officer _ shell be final. Failur* to re- quest a� posh immobilization hearing wM1in three days from We date Of lmm illzatign, or failure t0attend a Scheduled Post-lmmoblllzat(on hearing Shell ea deemed a waiver of the .ane• r. r. .• n..r..n . .�. m- Ale)* VIA)10 All NAVW 1 1S3 ! 1V PU"CN W Ined :AQ a3A0dddV 'ZS61 'J94W43e0 JOAePitlL 0144 (33A0addY ONV OS'1SSV41 'IMOJdda pU\eava l HI Jake py UJOV plyy- .Pue "Jay Iffy U! at IIe45- 'aAaUam POW Almost � J40\I. .lW Jy AJane>W Vill OXMMOVN $IW Pue *01" Ot Duel>aP Am way sl A>Uaffii" ue 'gJdyaAayy, 'Us!ielneaJ y>nc Itetldwos CON a AJessa-Jea alf1as sip4"�� +JO elw 10 a" ='"1103mup -WI Je44 aaulwipap'-1 p1—IF" sJOylam POW Ala/as >i!sad OW 'k Iviluafsa IN eull"d Wln>14 '4A w uGlielnOaJ OAII>sNm ieW SOVIWJaIap AQeJaly sJs4NJI(J N Pivot Wl 'Z ualpsis a PIWA Wilt UJOJI a>IMP , WI4*ZI1)OOWWI aw 040WOJ j IloU1 IUOWNedsic a>ppd out i3O N>1I10 US AO 4uaul6J4fdOO It ';WJl 6144 t0 NAOW W 4 W puoq PIK IO aullsOd Wl• aJS *mpIA9 idla>eJ a p u011piud WO UOdn "SON atlJOls pUel fear-au6mal 'S4W3 /Jn0> 'eWN Otaal>llddo N Ill aAUWnWn> 9w W II401aAIAOa WAS a ueW and lea flays puna pn N l4tsawle O41 'Nn0] ludiIIUAW w1 AQ 1Peli!>ads twn v alQeuosesJ W Of p104 a OUlif04 AQ a>IAOP V0'4VZIIIQOw WI 0441 N IeAOW -aJ UIeiQO AOW 'luaae fly Jo iJO4.Y1a paN"Ill 011116 ' PIWOA Sul QUITHICIOWWW Aq asne> Ola �mslsl wm OJOW low Salol W Jay yip Jssloo ftmialII alar H ' '01>IwA Ali UJOJi O>!Mp VMteZlflQow 'w1 Ow, aAOUAaJ INwf maw 'UedOO a>llod OW p N>WO Ir JOi uppalO >yj w/ b 10 Acl a Wal '+lapsfy jo Wont N Adel f.JauAsp Wl p Ldla> 4j will ;"Nmj'L ; pw at Pup water $10 AO ol>I WA •a"ll M Joumo paNyslSgJ Wi It tJOA1a w "114111 4:140111 p Atlp> R &I e10oQOJd ON )a View IJa� eNOp Pus' aAOdswd llalyoN>lita aulaeOY OW '19Oa> 0 Ou $em SAOw Jaw swIIWOIW .•:>u 'K DMIJeay Wl II 'OpivalA aWl afI11QOWWl W afne> 91Q1FQA0d Wa aAaw J414+9ym aW!WJapp Aluo law, N>WS Oulivay awl -W Pu!Ae Ja>N W to yaillIoO (P) 'Seai ales A0ls Due oulawi It Jot a1Qel1 OQ VVWS N2I44A aw to JOwJado it A4wmo wl 'al>Iwd 40 40!yn� OW AQ aOeJea gllod If{>ut0 Of ser pgeullil a>ald Vias a to Daigle POW 06 pamlll el OIWVA mill Oney Ol "ZlJwine as IOUs luawiApdoo O>Ilod no 'POW -'sulJlW y>M 041yaN WI to JMIe a Patuaw " 11" ftlivali "!ilitllaaW Wl.nod Pol APO4>e a PUSUe_.oi Olid x 'uallntllgowwt p vivo aw WOJJ SAVO eaJw ul&4,m 6UIJVw UPI4tZ11IQOW WIyfOd 'a INnb . .#J W 1AnINd •Ieulj W lieu$ J03140 "Assay at" is UW$13 "aP Owl 'Votinlllawliul WI wla uof4 ww > O! .sulpel I¢U14JIA2 Auer PSNe Aam w Of lfWQ% UORPOp cill ip OulJoay wl "01:440A 044 M Jaw" PaJOttION aw al Put aulAeait 004 OUIPwWap ugsAOd 0441 Oi POp AOJd aQ Ileus UOtsp" y>ns t0 A00> V 'UOltl>mp u1UIJa e aJedaid Ilput J03ut0 Ou1J9ay WI '61,1IAea4 aw IO. uelsnpuo> O41 IV 'uoHsanb ui apIVOA awl a1''IIQOWWI Ot asM> O!aagwd Sam aJaw law Oulym;Qalsa $ lelu 70 will aw AJJa> limits AID Wl 'OPIWaA 044 10 u0ISS9ts0d _ of 1W01J OVI s¢4 UOSJad w>ns $ 1001d So 1503 lain OwI4s11Qe1S4 to UapAnQ awl AJJVo It4s OuIJVau awl gulp UVWaP UOiJad 941 -a>wplA# $ — BUNUIld SOJ Sada IO SOMA! Ier>luy>ai AQ punOQ aQ IOU neye Pug J9uuew Ie111401 -U! we UI 6upea4 041 Pnp 3 A IIews Ja>wt0 Ouu¢aV O41 ORDINANCE NO . C 00 oC AN ORDINANCE AMENDING CHAPTER 19 OF THE FAYETTEVILLE CODE OF ORDINANCES TO ADD SECTION 19 - 193 AUTHORIZING THE IMMOBILIZATION OF ANY VEHICLE ILLEGALLY PARKED AFTER THE OPERATOR THEREOF HAS BEEN CITED FOR ILLEGAL PARKING MORE THAN FIVE TIMES IN ONE CALENDAR YEAR ; AND DECLARING IT AN EMERGENCY . BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That Chanter 19 of the Fayetteville Code of Ordinances hereby amended by adding Section 19 - 193 to read as follows : Sec . 19 - 193 . Immobilization of illegally parked motor vehicle . ( a) Immobilization authorized . Employees of the Traffic Department and officers of the Police Department are hereby authorized to tempor - arily immobilize any vehicle operated by said person which is parked in violation of anv provision of this Chapter if the owner or operator of said vehicle ( 1 ) has been issued , in the calendar year , five or more tickets , citations , or summons for illegal parking , including overtime parking , ( 2 ) is not contesting one or more of said tickets , citations or summons in a court of law , and ( 3 ) has not paid the applicable fine for any such ticket , citation or summons . (b ) Post - deprivation hearing . When any vehicle is immobilized under the provisions of this Section , the owner or operator shall have the right to a post - deprivation administrative hearing by filing a written request for such a hearing with the City Manager . ( c) Conduct of hearing . A hearing shall be conducted before a hearing officer designated by the City Manager and shall be held within twenty- four 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 - 2 - to be excluded from calculating said twenty- four 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 immobilize the vehicle in question . 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 immobilize 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 immobilization . The decision of the hearing officer shall be final . Failure to request a post - immobilization hearing within three days from the date of immobilization , or failure to attend a scheduled post - immobilization hearing shall be deemed a waiver of the right to such hearing ; and , the Police Department shall be authorized to have the vehicle towed to and stored at a safe place designated as an official police garage by the Chief of Police . The owner or operator of the vehicle shall be liable for all towing and storage fees . ( d) Decision of hearing officer . The hearing officer shall only determine whether there was probable cause to immobilize 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 and Traffic Department . Upon receipt of the owner ' s copy of such certificate , an employee of the Traffic Department or an officer of the Police Department shall remove the immobilization device from the vehicle . If the hearing officer determines that there was probable cause for immobilizing the vehicle , the registered owner , or his agent , may obtain removal of - 3 - the immobilization device by posting a bond in a reasonable amount specified by the Municipal Court . The amount of said bond shall be not less than a sum equivalent to the cumulative total of applicable fines , court costs , towing fees and storage fees . Upon pre - sentation of a receipt evidencing the posting of said bond , an employee of the Traffic Department or an officer of the Police Department shall remove the immobilization device from the vehicle . Section 2 . The Board of Directors hereby determines that effective regulation of vehicular parking 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 o2/5-/- day of 1982 . APPROVED : By : (&A ( Mayor ATTEST : By : City Clerk