[Derived from Art. I of Ch. LXI of the Charter and Ordinances,
1974]
The following terms and words, when used in this article, shall
have the meaning and effect as follows:
Any person, corporation, firm, agency, association or organization
that uses or operates a vehicle with or without the permission of
the owner and an owner who operates his own vehicle.
Any person, corporation, firm, agency, association or organization
having the property or title to a vehicle used or operated within
the City of Buffalo or any registrant of a vehicle used or operated
within the City of Buffalo or any person, corporation, firm, agency,
association or organization engaged in the business of renting or
leasing vehicles to be used or operated within the City of Buffalo
and hereinafter referred to as the "renter" or "lessor."
Any person, corporation, firm, agency, association or organization
charged with a parking violation.
The violation of any law, rule, regulation or ordinance providing
for or regulating the parking, stopping or standing of a vehicle within
the City of Buffalo.
[Amended 6-8-2010, effective 6-22-2010]
A.
For the purposes of this article, the term "Commissioner of Traffic" shall refer to the Commissioner of Parking or his duly authorized deputy who is charged with the specific responsibilities or duties referred to in this article, in accordance with Article 17-A of the Charter of the City of Buffalo.
B.
For the purposes of this article, the term "Department of Traffic" shall refer to the Department of Parking or the Division within said Department which is charged with the specific responsibilities or duties referred to in this article, in accordance with Article 17-A of the Charter of the City of Buffalo.
There is hereby created an administrative tribunal to be known
as a "Parking Violations Bureau" to have jurisdiction of traffic infractions
which constitute a parking violation as herein defined. Such Parking
Violations Bureau shall hear and determine complaints of traffic infractions
constituting parking, standing or stopping violations with the functions,
powers and duties herein stated.
[Amended 6-8-2010, effective 6-22-2010]
A.
The head of such Parking Violations Bureau shall be the Director
of Parking Enforcement, who shall be appointed and serve at the pleasure
of the City of Buffalo's Commissioner of Parking, who has and possesses
the authority of a Commissioner of Traffic pursuant to § 236
of the Vehicle and Traffic Law of the State of New York. The Director
may exercise or delegate any of the functions, powers and duties conferred
upon him or the Bureau by the Commissioner to any officer or employee
of the Bureau deemed qualified by the Director.
B.
The Commissioner of Parking may appoint such number of Deputy Directors
as he may deem necessary, but in no event to exceed four, who shall
serve at the pleasure of the Commissioner of Parking; and said Commissioner
may employ such officers and employees as may be required to perform
the work of the Bureau, within the amounts available therefor by appropriation
of the Common Council.
[Amended 6-8-2010, effective 6-22-2010]
A.
The Commissioner of Parking shall appoint Supervising Senior Examiners
not to exceed six in number and Senior Hearing Examiners not to exceed
six in number. Every Supervising Hearing Examiner shall have been
admitted to the practice of law in the State of New York for at least
seven years and every Senior Hearing Examiner for at least six years.
The duties of each Supervising Hearing Examiner and Senior Hearing
Examiner shall include but not be limited to:
B.
The Commissioner of Parking shall appoint Hearing Examiners who shall
preside at hearings for the adjudication of charges of parking violations.
Hearing Examiners shall be appointed and shall serve for such number
of sessions as may be determined by the Commissioner and shall receive
therefor such remuneration as may be fixed by the Common Council.
Such Hearing Examiners shall not be considered employees of the City
of Buffalo; and every Hearing Examiner shall have been admitted to
the practice of law in New York State for at least five years and
shall be appointed from a list of eligible candidates who have satisfied
the standards established by a duly constituted committee of the Erie
County Bar Association. All such hearing Examiners shall have a minimum
of two years' experience in the trial of issues in courts of record
in the State of New York, exclusive of special term, or four years
of quasi-judicial experience appearing before governmental agencies.
Such Hearing Examiners shall be bona fide residents of the City of
Buffalo for a minimum of two years.
The Parking Violations Bureau shall have the following functions,
powers and duties:
A.
To accept pleas to and to hear and determine charges of parking violations.
B.
To provide for penalties other than imprisonment for parking violations
in accordance with a schedule of monetary fines and penalties; provided,
however, that monetary penalties shall not exceed the maximum amount
allowed by the New York State Vehicle and Traffic Law for each parking
violation; and provided, further, that such penalties and fines shall
become effective 45 days after the first Council meeting at which
they appear on the agenda as an item of business, during which period
the Council may either disapprove them or modify them, in which latter
case they shall become effective in their modified form.
[Amended 5-21-1993, effective 5-28-1993]
C.
To adopt rules and regulations, not inconsistent with any applicable
provision of law, to carry out the purposes of Article 2-B of the
Vehicle and Traffic Law of the State of New York, including but not
limited to rules and regulations prescribing the internal procedures
and organization of the Bureau, the manner and time of entering pleas,
the conduct of hearings and the amount and manner of payment of penalties.
D.
To issue subpoenas to compel the attendance of persons to give testimony
at hearings and to compel the production of relevant books, papers
and other things.
E.
To enter judgments and enforce them, without court proceedings, in
the same manner as the enforcement of money judgments in civil actions
in any court of competent jurisdiction or any other place provided
for the entry of civil judgment within the State of New York.
F.
To compile and maintain complete and accurate records relating to
all charges and dispositions and to prepare complete and accurate
transcripts of all hearings conducted by the Bureau and to furnish
such transcripts to the person charged at said person's own expense
upon timely request and upon said person complying with the regulations
of the Bureau.
G.
To remit to the City Treasurer, on or before the 15th day of each
month, all monetary penalties or fees received by the Bureau during
the prior calendar month, along with a statement thereof, and, at
the same time, to file duplicate copies of such statement with the
City Comptroller.
H.
To answer within a reasonable period of time all relevant and reasonable
inquiries made by a person charged with a parking violation or his
attorney concerning the notice of violation (summons) served on that
person. The Bureau must also furnish within a reasonable period of
time to the person charged, on his request and upon complying with
the regulations of the Bureau, a copy of the original notice of violation
(summons), including all information contained thereon. Failure of
the Bureau to comply with the provisions of this subsection or any
part of the provisions of this subsection within 75 days of such inquiry,
forwarded to the Bureau by certified or registered mail, return receipt
requested, will result, upon the request of the person charged, in
an automatic dismissal of all charges relating to and only to that
notice of violation (summons) to which the inquiry was made.
I.
To prepare and issue a notice of violation in blank to members of
the Police Department, the Fire Department, the Administration and
Finance Department, the Department of Parking and to other officers
as the Bureau by regulation shall determine. The notice of violation
(summons) or duplicate thereof, when filled in and sworn to or affirmed
by such designated officers and served as provided in this article,
shall constitute notice of the parking violation charged.
[Amended 6-8-2010, effective 6-22-2010]
J.
To direct, upon the agreement of the Director of Parking Enforcement
and the Director of Administrative Adjudication, that summons involving
violations related to street sanitation, maintenance and utilization
of streets and sidewalks and dog control within the Parking Violations
Bureau or Administrative Adjudication jurisdictions be heard by the
Bureau of Administrative Adjudication or the Parking Violations Bureau
as such agreements shall dictate.
[Added 6-11-1996, effective 6-24-1996; amended 6-8-2010, effective
6-22-2010]
A.
The notice of violation (summons) shall contain information advising
the person charged of the manner and the time in which he may plead
either guilty or not guilty to the violation alleged in the notice.
Such notice of violation (summons) shall also contain a warning to
advise the person charged that failure to plead in the manner and
time provided shall be deemed an admission of liability and that a
default judgment may be entered thereon. The form and wording of the
notice of violation (summons) shall be prescribed by the Director.
A duplicate of each notice of violation (summons) shall be served
on the person charged in the manner hereinafter provided. The original
or a facsimile thereof shall be filed and retained by the Bureau and
shall be deemed a record kept in the ordinary course of business and
shall be prima facie evidence of the facts contained therein.
B.
A notice of violation (summons) shall be served personally upon the
operator of a motor vehicle who is present at the time of service,
and his name and address, together with the plate designation and
the plate type as shown by the registration plates of said vehicle
and the expiration date, the make or model and the body type of said
vehicle, shall be inserted therein. The notice of violation (summons)
shall be served upon the owner of the motor vehicle or, if the operator
is not present, by affixing such notice to said vehicle in a conspicuous
place. Whenever so affixed, in lieu of inserting the name of the person
charged with the violation in the space provided for the identification
of said person, the words "owner of the vehicle bearing license" may
be inserted, to be followed by the plate designation and plate type
as shown by the registration plates of said vehicle, together with
the expiration date, the make or model and the body type of said vehicle.
Service of the notice of violation (summons) or a duplicate thereof
by affixation as herein provided shall have the same force and effect
and shall be subject to the same penalties for disregard thereof as
though the same was personally served with the name of the person
charged with the violation inserted therein.
C.
For the purposes of this article, an operator of a vehicle who is
not the owner thereof but who uses or operates such vehicle with the
permission of the owner, express or implied, shall be deemed to be
the agent of such owner to receive notice of violation (summons),
whether personally served on such operator or served by affixation
in the manner aforesaid, and service made in either manner as herein
provided shall also be deemed to be lawful service upon such owner.
A.
Pursuant to the authority conferred upon the City of Buffalo by the
provisions of § 1640(a)14 of the Vehicle and Traffic Law
of the State of New York, whenever a motor vehicle is parked or abandoned
on the public streets of the City of Buffalo during snowstorms, floods,
fires or other public emergencies or is found unattended where it
constitutes an obstruction to traffic or where any such motor vehicle
has been parked or abandoned in any place where stopping, standing
or parking is prohibited, any police officer or parking enforcement
officer of the City of Buffalo is hereby authorized to cause such
vehicle to be removed and conveyed by or under the direction of a
member of the Department of Parking by means of towing the same, or
otherwise, to a vehicle pound or location designated by the Parking.
Such towing shall be at the risk of the owner of such vehicle, and
the City of Buffalo shall assume no responsibility for the same.
[Amended 6-8-2010, effective 6-22-2010]
B.
An abandoned vehicle shall be defined and, if unclaimed, disposed
of in accordance with § 1224 of the Vehicle and Traffic
Law of the State of New York.
C.
Towing and storage charges.
(1)
The owner or person entitled to possession of such vehicle shall pay a towing charge and storage charge for each day or fraction thereof after the first 24 hours that such vehicle is in the custody of the City of Buffalo as provided in Chapter 175, Fees.
(2)
These charges shall be in addition to the fines and penalties, if
any, hereinafter provided within this article for vehicles that are
left standing, stopped or parked illegally.
(3)
Such towing charges shall be paid to the Parking Violations Bureau
at a place designated by such Bureau, during the hours such Bureau
is open.
D.
Before the owner or person in charge of such vehicle shall be permitted
to remove the same from the custody of the City of Buffalo, he shall
furnish evidence of his identity and ownership or right to possession
of such vehicle and shall sign a receipt and release in such form
as the Parking Violations Bureau shall prescribe; provided, further,
that such owner or person entitled to possession of such vehicle may
not obtain the release of such vehicle before paying the towing, storage,
outstanding parking summonses and related penalties and other fees
hereinabove mentioned.
A.
The operator of a vehicle shall be primarily liable for the penalties
imposed pursuant to this article. The owner of the vehicle, even if
not the operator thereof, shall also be liable therefor, if such vehicle
was used or operated with his permission, express or implied, but
in such case, the owner may recover any penalties paid by him from
the operator.
B.
Notwithstanding any inconsistent provision of this article or of
any other provision of law, any person, corporation, firm, agency,
association or organization that is the renter or lessor of a vehicle
shall not be liable for penalties in excess of the schedule of fines
imposed pursuant to this article if upon an appropriate fixing of
liability upon said renter or lessor there be due and timely payment
made of all scheduled fines.
C.
A renter or lessor of a vehicle shall not be liable for penalties
imposed pursuant to this article if, at the time the notice of violation
(summons) or a duplicate of such notice is served, the registration
plate number of the vehicle for which said notice of violation (summons)
or duplicate was served and the address of the renter or lessor has
been filed by the renter or lessor with the Bureau and notice of the
service of a notice of violation (summons) or a duplicate of such
notice for a parking violation has not been given to the renter or
lessor or by the Bureau within 90 days after such service. Such notice
shall be given by ordinary mail to the address on file with the Bureau.
A.
A plea shall be entered within eight days after service of the notice
of violation (summons). A plea may be entered in person or by representative
or by ordinary mail at such location of the Bureau as from time to
time shall be fixed by the Commissioner of Parking. Any plea entered
by mail, if mailed in proper form within eight days after service
of the notice of violation (summons), shall be accepted by the Bureau.
[Amended 10-18-1994, effective 10-28-1994; 6-8-2010, effective 6-22-2010]
B.
Pleas by mail shall be made by:
(1)
Entering the desired plea on the plea form on the back of the notice
of violation (summons);
(2)
Entering the name and address in the space provided on the plea form;
(3)
Signing the plea form; and
(4)
Mailing the notice of violation (summons) with the plea form completed,
by appropriate form of mail, to the mailing address stated on the
notice of violation (summons).
C.
A plea of guilty shall be accompanied by a check or money order for the payment in full of the scheduled fine as listed under § 307-11 following.
D.
A respondent pleading not guilty or guilty with an explanation may
request a hearing. This shall be done at the time of pleading by completing
the reverse side of the notice of violation (summons) in accordance
with the instruction thereon.
E.
If a plea of not guilty or guilty with an explanation is made in
person, an immediate hearing may be had by the respondent on his request,
if convenient to the Bureau.
F.
Upon receipt of the notice of violation (summons) with a plea of
not guilty or guilty with an explanation, the Bureau shall advise
the respondent, in person or by such form of first-class mail as the
Director shall prescribe of the date, time and place on which he must
appear for a hearing. The Bureau reserves the right to set a date,
time and place of hearing different from that selected by the respondent.
G.
Where an operator or owner fails to enter a plea to a charge of a
violation or fails to appear on a designated hearing date or subsequent
adjourned date or fails after a hearing to comply with the determination
of a Hearing Examiner, as prescribed by this chapter or by rule or
regulation of the Bureau, such failure to plead, appear or comply
shall be deemed, for all purposes, an admission of liability and shall
be grounds for rendering and entering a default judgment in an amount
provided by the rules and regulations of the Bureau. However, after
the expiration of the original date prescribed for entering a plea
and before a default may be rendered, in such case the Bureau shall,
pursuant to the applicable provisions of law, notify such operator
or owner, by such form of first-class mail as the Bureau may direct:
(1)
Of the violation charged;
(2)
Of the impending default judgment;
(3)
That much judgment will be entered in the City Court of the City
of Buffalo or other court of civil jurisdiction or any other place
provided for the entry of civil judgments within the State of New
York; and
(4)
That a default judgment may be avoided by entering a plea or making
an appearance within 20 days of the sending of such notice.
[Amended 10-18-1994, effective 10-28-1994]
H.
Pleas entered within that period shall be in the manner prescribed
in the notice and subject to such additional penalty or fee as the
Bureau may by rule or regulation determine. Such notice of impending
default judgment shall not be required prior to the rendering and
entry thereof in the case of operators or owners who are nonresidents
of the State of New York. In no case shall a default judgment be rendered
or, where required, a notice of impending default judgment be sent
more than two years after the expiration of the time prescribed for
entering a plea.
[Amended 5-29-1990, effective 6-7-1990; 6-19-1990, effective 7-2-1990; 2-4-1992, effective 4-1-1992; 5-25-1993, effective 6-7-1993; 11-28-1995, effective 12-8-1995; 7-21-1998, effective 8-6-1998; 4-15-2003, effective 4-25-2003; 12-26-2007, effective 1-7-2008; 7-26-2016]
A.
The schedule of fines and penalties shall be as follows:
|
Violation
|
Fine
| ||
|---|---|---|---|
|
Failure to deposit required coins in a parking meter, overtime
parking in a metered space or other meter violation
|
$40.00
| ||
|
Parking prohibited beyond time limit allowed other than parking
meter
|
$40.00
| ||
|
Parking prohibited on alternate days
|
$40.00
| ||
|
Parking prohibited on bus routes during certain hours
|
$40.00
| ||
|
Parking prohibited upon publicly or privately owned premises
without permission
|
$60.00
| ||
|
Parking in unpaved area in front/side yard
|
$60.00
| ||
|
Parking prohibited in a load zone
|
$40.00
| ||
|
Stopped, standing or parked facing wrong direction
|
$40.00
| ||
|
Stopped, standing or parked more than 12 inches from curb
|
$40.00
| ||
|
Stopped, standing or parked upon any bridge, elevated structure,
subway or approaches
|
$40.00
| ||
|
Standing or parked within 20 feet of a crosswalk at an intersection
or other marked crosswalk
|
$40.00
| ||
|
Parking prohibitions:
| |||
|
Parking prohibited at any time
|
$40.00
| ||
|
Parking prohibited during certain hours
|
$40.00
| ||
|
Parking prohibited from here to corner
|
$40.00
| ||
|
Parking prohibited in a taxi stand
|
$40.00
| ||
|
Standing prohibitions:
| |||
|
Standing prohibited at any time
|
$40.00
| ||
|
Standing prohibited during certain hours
|
$40.00
| ||
|
Standing prohibited from here to corner
|
$40.00
| ||
|
Stopping prohibitions:
| |||
|
Stopping prohibited at any time
|
$40.00
| ||
|
Stopping prohibited during certain hours
|
$40.00
| ||
|
Stopping prohibited from here to corner
|
$40.00
| ||
|
Stopped, standing or parked on a sidewalk
|
$40.00
| ||
|
Standing or parked in front of a public or private driveway
|
$40.00
| ||
|
Expired certificate of inspection or registration
|
$40.00
| ||
|
Stopped, standing or parked within 15 feet of a fire hydrant
|
$60.00
| ||
|
Double parking
|
$40.00
| ||
|
Stopping, standing or parking prohibited, police emergency
|
$40.00
| ||
|
Other violation
|
$40.00
| ||
|
Handicapped parking violations, per § 1203-c of the
Vehicle and Traffic Law
|
$80.00
| ||
B.
Additional penalties. Penalties shall be added to the fine for late
payment as follows:
|
Original fine
|
$40.00
|
$40.00
|
$60.00
|
$80.00
| |
|
After 8 days
|
$65.00
|
$65.00
|
$95.00
|
$135.00
| |
|
After first billing
|
$75.00
|
$75.00
|
$105.00
|
$145.00
| |
|
After 75 days
|
$85.00
|
$85.00
|
$125.00
|
$165.00
|
A.
All hearings will be held and payments are to be made in the City
of Buffalo, New York, at such place as the Director shall designate
from time to time, except that within nine months from the date the
Parking Violations Bureau is operative, the Director is to designate
not more than four decentralized locations where hearing will be held
at least once per month.
B.
All hearings shall be held daily from 9:00 a.m. to 4:00 p.m., except
on Saturdays, Sundays and legal holidays, or at such other time designated
by the Director.
C.
Every hearing for the adjudication of a charge of a violation shall
be held before a Hearing Examiner, Senior Hearing Examiner or Supervising
Hearing Examiner. All hearings shall be public. A respondent may be
represented by legal counsel. The Hearing Examiner shall not be bound
by the rules of evidence in the conduct of the hearing except rules
relating to privileged communications. No charges may be established
except upon proof by substantial evidence. All testimony shall be
given under oath or affirmation.
D.
A record shall be made of every hearing either by stenographic recordings or by mechanical or electronic methods as the Director shall determine. A transcript of such record shall be supplied to a respondent on application and the payment of a fee as provided in Chapter 175, Fees, and the cost of such transcript. The Hearing Examiner may, in his discretion or at the request of the respondent, on a showing of good cause and need thereof, issue a subpoena to compel the appearance at a hearing of the officer who served the notice of violation (summons) or of other persons to give testimony, and he may issue a subpoena duces tecum to compel the production for examination or introduction into evidence, of any book, paper or other thing relevant to the charges alleged.
E.
In the case of a refusal to obey a subpoena, the Bureau may make
application to the Supreme Court pursuant to § 2308 of the
Civil Practice Law and Rules for an order requiring such appearance,
testimony or production of evidence.
F.
The Bureau may, with or without the respondent's request or consent,
consolidate for hearing or appeal one or more charges pending against
such respondent. An adjournment may be requested by the respondent
(up to 24 hours) prior to the hearing, but not more than two adjournments
shall be granted except under extraordinary circumstances.
A.
The Hearing Examiner shall make a determination of the charges, either
sustaining or dismissing them. After a determination has been made
sustaining the charges, the Hearing Examiner may examine respondent's
prior violations record prior to rendering a final determination.
B.
A final determination of the charges shall be entered on a judgment
record maintained by the Bureau, together with the records showing
payment or nonpayment of penalties. A copy of such judgment record,
or a transcript thereof, may be filed in the office of the Clerk of
the City Court of Buffalo and/or in the office of the Clerk of the
County of Erie and/or in such other county wherein the respondent
resides or is employed.
A.
There shall be an Appeals Board within the Bureau, which shall consist
of three or more persons duly qualified as Hearing Examiners, excluding
from the panel the hearing officer whose decision is the subject of
the appeal.
B.
An appeal from a determination of any hearing officer after a hearing
on a liability or from a determination denying a motion to reopen
any matter shall be submitted to the Appeals Board, which shall have
the power to review the facts and the law and shall have power to
reverse or modify any determination appealed from for error of fact
or law.
C.
A party aggrieved by a final determination of a Hearing Examiner
may obtain a review thereof by serving, either personally, in writing
or by certified or registered mail, return receipt requested, upon
the Bureau, within 30 days of the entry of such final determination,
a notice of appeal setting forth the reasons why the final determination
should be reversed or modified. Upon receipt of such notice of appeal,
the Bureau shall furnish to the appellant, at his request and at his
own expense, a transcript of the original hearing. No appeal shall
be conducted less than 10 days after the mailing of the transcript
to the appellant or his attorney. The notice of appeal shall be in
such form as the Director may prescribe. No appeal may be had where
a plea of guilty or guilty with an explanation was entered by the
respondent at the hearing.
D.
Appeals shall be conducted in the presence of the appellant or his attorney, or both, if such right of appearance is expressly requested by the appellant in his notice of appeal and upon his complying with the regulations of the Bureau and paying of fee as outlined in Chapter 175, Fees. If the appellant elects to appear, the Bureau, within 30 days after the receipt of the notice of appeal, shall advise the appellant, either personally or by ordinary first class mail, of the date on which he shall appear. No appeal shall be conducted less than 10 days after the mailing of such notification. The appellant shall be notified in writing of the decision of the Appeals Board.
[Amended 5-21-1993, effective 5-28-1993]
E.
The service of a notice of appeal shall not stay the enforcement
of a judgment upon the determination appealed from unless the appellant
shall have posted a bond in the amount of such determination at the
time of or before the service of such notice of appeal unless the
enforcement of such judgment shall have been stayed by the Appeals
Board.
F.
The order of the Appeals Board shall be the final determination of
the Bureau. Judicial review may be sought pursuant to Article 78 of
the Civil Practice Law and Rules.
A.
In the event a respondent shall have failed to comply with the provisions
of this chapter in that he has failed to pay final determinations
or judgments for parking violations entered against him on three or
more notices of violations (summonses) served upon him within a period
of 18 months, the Bureau shall certify such fact to the Commissioner
of Motor Vehicles of the State of New York; and upon such certification,
the Bureau shall notify the respondent by registered or certified
mail, return receipt requested, that such certification has been made
and identifying the judgments or final determinations covered. The
notification shall further inform the respondent that the Commissioner
of Motor Vehicles will deny any registration or renewal of registration
of the respondent's vehicle until proof is provided that the respondent
has complied with the provisions of this chapter in connection with
all judgments or final determination so certified.
B.
Upon payment by or on behalf of the respondent of all judgments or
determinations covered by the certification to the Motor Vehicle Commissioner
or upon the giving of proof that such judgments have been paid, the
Bureau shall issue a certificate attesting to the fact that this chapter
has been complied with and such certificate shall be delivered to
the Commissioner of Motor Vehicles.
§ 307-15.1. [Added 2-5-1991, effective 2-20-1991]
A.
Any unattended vehicle found parked upon a street or on any City-owned
property or property under the jurisdiction or control of the City
against which there are three or more outstanding or otherwise unsettled
parking violation summonses within an eighteen-month period for which
judgments have been issued may, by or under the direction of a police
officer, peace officer, parking meter mechanic or parking enforcement
officer, either by towing or otherwise, be removed or conveyed to
and impounded in any place designated by the Commissioner of Police
or the Director of Parking Enforcement or immobilized in such a manner
as to prevent its operation, except that no such vehicle shall be
immobilized by any means other than by use of a device or other mechanism
which will cause no damage to such vehicle unless it is moved while
such device or mechanism is in place.
B.
It shall be the duty of the police officer, peace officer, parking
meter mechanic or parking enforcement officer removing or immobilizing
such motor vehicle or under whose direction such motor vehicle is
removed or immobilized to inform as soon as practicable the Director
of Parking Enforcement, who shall in turn inform by telephone (if
possible) and by first class mail the owner of the impounded or immobilized
vehicle of the nature and circumstances of the prior unsettled parking
violations summonses, for which or on account of which such vehicle
was impounded or immobilized. In any case involving immobilization
of a vehicle pursuant to this subsection, such police officer, peace
officer, parking meter mechanic or parking enforcement officer shall
cause to be placed on such vehicle, in a conspicuous manner, a notice
sufficient to warn any individual to the effect that such vehicle
has been immobilized and that any attempt to move such vehicle might
result in damage to such vehicle.
C.
The owner or person entitled to possession of such vehicle may secure the release of the vehicle by complying with the rules and regulations of the Parking Enforcement Division concerning all outstanding summonses and judgments against said vehicle and by payment of the sum as outlined in Chapter 175, Fees, for the removal of the immobilization device or mechanism.
