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
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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