[HISTORY: Adopted by the City Council of
the City of Fitchburg as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-6-2005 by Ord. No. 335-05]
Any motor vehicle used in the violation of any
of the provisions of Chapter 272, § 53A, of the Massachusetts
General Laws, or otherwise involving or relating to violations of
engaging in sexual conduct for a fee, paying or agreeing to pay any
person a fee to engage in sexual conduct, procuring a person to engage
in sex for a fee, or otherwise violating any provision of the Massachusetts
General Laws governing so-called prostitution, streetwalking or other
such offenses shall be subject to seizure and impoundment under this
article. The owner of record of such a vehicle shall be liable to
the City for an administrative penalty in the sum of $300 in addition
to fees for towing and storage of the vehicle and the costs of any
administrative hearing held pursuant to this article.
Whenever a police office has probable cause
to believe that a vehicle is subject to seizure and impoundment pursuant
to this article, the police officer shall provide for the towing of
the vehicle to a facility controlled by the City or its agents. When
the vehicle is towed, the police officer shall notify the person who
is found to be in control of the vehicle at the time of the alleged
violation, if there is such a person, of the fact of the seizure and
of the vehicle owner's rights as set forth below.
Within 48 hours, excluding Saturdays, Sundays
and legal holidays, of the seizure and impoundment of a vehicle pursuant
to this section, the Police Department shall notify the record owner
of the vehicle that such vehicle has been seized and impounded, the
reasons therefor, the date, time and place of the violation and the
owner's right to request a hearing. The notice shall advise the owner
that a request for such a hearing must be made in writing within 10
days. The notice shall also include a list of the charges for towing
and storage, shall notify the owner of the administrative fine of
$300, and that costs may be assessed. The correctness of the specified
information contained in the notice shall be certified thereon by
an authorized official of the Police Department.
Any record owner who requests a hearing pursuant
to this section shall be afforded such a hearing within seven days
of the City's receipt of the request, or such later date as may be
requested by the owner.
A.
A hearing pursuant to this section shall be conducted
by a hearing officer and shall afford the owner the opportunity to
present witnesses, documents and any other relevant evidence. Such
hearings shall not be subject to the strict rules of evidence applicable
to court proceedings, but may be conducted in the nature of an administrative
hearing. Evidence, including hearsay, may be admitted only if it is
a type commonly relied upon by reasonably prudent persons in the conduct
of their affairs. In addition, the following rules shall apply:
(1)
The hearing officer may grant continuances only for
good cause;
(2)
The Police Department shall be notified of any and
all hearings and continuances thereof;
(3)
An attorney who appears on behalf of any person shall
file a written notice of appearance with the administrative hearing
officer;
(4)
No violation may be established except upon proof by a preponderance of the evidence, however, a violation notice, or copy thereof, issued and signed in accordance with § 170-3 above, shall be prima face evidence of the correctness of the facts specified therein;
(5)
The hearing officer shall make a record of all hearings
which shall include: a record of the testimony presented at the hearing,
which may be made by tape recording or other appropriate means, all
documents presented at the hearing, a copy of the notice to the owner
and any other notices relevant to the proceeding and a copy of the
final determination or otherwise a record of the final disposition
of the matter.
B.
Upon conclusion of the hearing, the hearing officer
shall issue a final determination of liability or no liability. Upon
issuing such final determination, the hearing officer may impose the
fine and costs as set forth in this section, issue orders consistent
with this section and/or assess costs reasonably related to instituting
and conducting the administrative hearing. In the issuance of the
final determination of liability, the hearing officer shall inform
the owner of his or her right to seek judicial review of the final
determination.
[Amended 6-3-2014 by Ord.
No. 100-2014]
Nothing in this article is intended to conflict
with any applicable state or federal law governing the forfeiture
of vehicles seized or impounded in connection with violations of the
General Laws as they relate to such crimes. To the extent that this
article does so conflict, the state or federal law shall govern.
[Adopted 12-6-2005 by Ord. No. 336-05]
Any motor vehicle used in the violation of any
of the provisions of Chapter 94C, §§ 32, 32A, 32B,
32C, 32D, 32E, 32F, 32G, 32J or 40 of the Massachusetts General Laws
or otherwise involving possession of a controlled substance, purchases
of a controlled substance, or the distribution of a controlled substance
shall be subject to seizure and impoundment under this article. The
owner of record of such a vehicle shall be liable to the City for
an administrative penalty in the sum of $300 in addition to fees for
towing and storage of the vehicle and the costs of any administrative
hearing held pursuant to this article.
Whenever a police officer has probable cause
to believe that a vehicle is subject to seizure and impoundment pursuant
to this article, the police officer shall provide for the towing of
the vehicle to a facility controlled by the City or its agents. When
the vehicle is towed, the police officer shall notify the person who
is found to be in control of the vehicle at the time of the alleged
violation, if there is such a person, of the fact of the seizure and
of the vehicle owner's rights as set forth below.
Within 48 hours, excluding Saturdays, Sundays
and legal holidays, of the seizure and impoundment of a vehicle pursuant
to this section, the Police Department shall notify the record owner
of the vehicle that such vehicle has been seized and impounded, the
reasons therefor, the date, time and place of the violation and the
owner's right to request a hearing. The notice shall advise the owner
that a request for such a hearing must be made in writing within 10
days. The notice shall also include a list of the charges for towing
and storage, shall notify the owner of the administrative fine of
$300, and that costs may be assessed. The correctness of the specified
information contained in the notice shall be certified thereon by
an authorized official of the Police Department.
Any record owner who requests a hearing pursuant
to this section shall be afforded such a hearing within seven days
of the City's receipt of the request, or such later date as may be
requested by the owner.
A.
A hearing pursuant to this section shall be conducted
by a hearing officer and shall afford the owner the opportunity to
present witnesses, documents and any other relevant evidence. Such
hearings shall not be subject to the strict rules of evidence applicable
to court proceedings, but may be conducted in the nature of an administrative
hearing. Evidence, including hearsay, may be admitted only if it is
a type commonly relied upon by reasonably prudent persons in the conduct
of their affairs. In addition, the following rules shall apply:
(1)
The hearing officer may grant continuances only for
good cause;
(2)
The Police Department shall be notified of any and
all hearings and continuances thereof;
(3)
An attorney who appears on behalf of any person shall
file a written notice of appearance with the administrative hearing
officer;
(4)
No violation may be established except upon proof
by a preponderance of the evidence, however, a violation notice, or
copy thereof, issued and signed in accordance with Section above,
shall be prima face evidence of the correctness of the facts specified
therein;
(5)
The hearing officer shall make a record of all hearings
which shall include: a record of the testimony presented at the hearing,
which may be made by tape recording or other appropriate means, all
documents presented at the hearing, a copy of the notice to the owner
and any other notices relevant to the proceeding and a copy of the
final determination or otherwise a record of the final disposition
of the matter.
B.
Upon conclusion of the hearing, the hearing officer
shall issue a final determination of liability or no liability. Upon
issuing such final determination, the hearing officer may impose the
fine and costs as set forth in this section, issue orders consistent
with this section and/or assess costs reasonably related to instituting
and conducting the administrative hearing. In the issuance of the
final determination of liability, the hearing officer shall inform
the owner of his or her right to seek judicial review of the final
determination.
[Amended 6-3-2014 by Ord.
No. 100-2014]
Nothing in this article is intended to conflict
with any applicable state or federal law governing the forfeiture
of vehicles seized or impounded in connection with violations of the
General Laws as they relate to controlled substances. To the extent
that this article does so conflict, the state or federal law shall
govern.
