[Ord. No. 176, 12-3-2008]
As used in this division, the following terms shall have the
meanings indicated:
The act of placing on a parked motor vehicle a mechanical
device that is designed to be attached to the wheel or tire or other
part of such vehicle so as to prohibit its usual manner of movement.
Any individual, partnership, corporation, association, firm
or other business entity;
A ticket where the registered owner or lessee of the vehicle
has not either:
Paid the full amount of the fine within 72 hours of issuance of the ticket and no appeal is filed with the Parking Violations Bureau pursuant to the procedures in Section 1-16-2;
Paid the full amount of the fine within 10 days of the City
sending notice that the grounds for contesting the ticket were rejected;
or
Successfully contested the ticket through the appeal process set forth in the procedures of Section 2-16-92.
[Ord. No. 176, 12-3-2008]
The Police Department is hereby authorized to use a vehicle
immobilizer (boot) to immobilize any vehicle that is parked in a City
parking space or along any right-of-way within the City limits that
has three or more unpaid parking tickets issued to the vehicle by
the City within an eighteen-month period.
[Ord. No. 176, 12-3-2008]
(a)
Notice. When a vehicle has been issued three or more parking tickets
during an eighteen-month period that remain unpaid, the registered
owner, or lessee shall be sent a warning that the vehicle may now
be subject to immobilization. All such notices shall be delivered
by first class mail and shall be deemed served as of the date of deposit
in the U.S. mail.
(b)
Procedure. If the Police Department finds a vehicle parked in violation
of this article subject to immobilization, then there shall be conspicuously
affixed to such vehicle a notice in writing notifying the owner, driver
or person in charge of such vehicle:
(1)
The date and time when the boot was affixed to the vehicle;
(2)
The signature and identification or shield number of the person
who affixed the boot to the vehicle;
(3)
The state registration number and make of the vehicle;
(4)
That three or more unpaid parking tickets issued to the vehicle
within an eighteen-month period and has therefore been immobilized;
(5)
That release from such immobilization may be obtained at a designated
place with the contact name, telephone number and hours during which
the release may be obtained;
(6)
That unless arrangements are made for the release of such vehicle
within 48 hours, the vehicle will be towed and impounded;
(7)
That removing or attempting to remove the immobilization device
from the vehicle, or removing or attempting to move the vehicle from
the place at which the immobilization device was affixed to the vehicle
before a release is obtained is unlawful; and
(8)
A statement that the opportunity to contest the grounds for
the booting is available, but must be written and filed with the Parking
Violations Bureau within 48 hours of the time at which the boot was
affixed to the vehicle.
[Ord. No. 176, 12-3-2008]
If a vehicle is booted in accordance with the provisions herein, and said vehicle remains immobilized for a period of 48 hours and a release has not been obtained and there is no contest filed with the Parking Violations Bureau as described herein, then the City is authorized to have the vehicle impounded and towed. The City shall utilize the services of those towing companies licensed and registered pursuant to Chapter 2-28, to provide towing services as needed to enforce the within provisions.
(1)
Notice of removal. After an immobilized vehicle has been impounded
and towed pursuant to the within provisions, the Police Department
shall send a written notice to the registered owner or lessee within
48 hours informing of the removal and the reasons thereof and of the
place to which such vehicle has been removed.
(2)
Towing charges and impoundment fees. The cost of towing or removing
such vehicle and costs of storing the same shall be chargeable against
the vehicle and shall be paid by the owner of the vehicle before the
same shall be released. The vehicle may be stored in a public or a
private place; if in a public place the storage charges shall be the
amount charged for such public storage; if stored on City property,
the storage shall be as prescribed from time to time by resolution
of the Common Council during the time the vehicle is in the possession
of the City.
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The owner of the vehicle shall be required to pay all towing
charges, storage fees, boot removal fee and unpaid parking tickets
to secure the release of the vehicle.
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(3)
Failure to claim removed vehicle. If after notice is sent pursuant to Subsection (1) to the registered owner or lessee, and there is no arrangement for release made by said owner or lessee, the vehicle shall be disposed of in accordance with the laws of the state, including, but not limited to, vehicle and traffic law, abandoned property law and/or personal property law.
[Ord. No. 176, 12-3-2008]
A notice of dispute contesting the immobilization must be filed
in writing with the Parking Violations Bureau within 48 hours of the
immobilization. This notice shall be in the form of an affidavit signed
by the owner and made subject to the penalties of perjury, wherein
the owner contests the grounds listed by the City as the basis for
the immobilization; along with any supporting documentary evidence.
The dispute materials shall be evaluated by the Parking Violations
Bureau on the basis of the affidavit and attached documentation. The
sole issue to be determined by the Bureau shall be whether there were
three or more unchallenged and unpaid parking violations issued within
a calendar year to the registered owner of the vehicle at the time
of the immobilization.
The boot shall remain affixed to the vehicle pending the outcome
of the of the dispute.
[Ord. No. 176, 12-3-2008]
An immobilized (booted) vehicle shall not be released by the
City until either:
(1)
The fee of $150 for the removal of the boot is paid, together with
payment of all outstanding parking fines and any towing and impoundment
fees, or
[Ord. No. 176, 12-3-2008]
(a)
No person shall move or cause to be moved any vehicle that has an
immobilization device attached thereto, except as authorized by a
police officer as described herein.
(b)
No person shall remove or cause to have removed from any vehicle
a boot device placed thereon by the City Police Department pursuant
to this article unless in conjunction with an appropriate release
to the registered owner or authorization by the City Police Department.
(c)
Penalty. Any person who is found to have violated this section shall
be fined a minimum $100 and a maximum of $500 for each offense upon
conviction.
