City of Garland, TX ADMINISTRATIVE ADJUDICATION OF PARKING OFFENSES

A parking citation serves as the notice of violation for purposes of this article.

A parking citation must include the following information:

A reference to the offense, the date, time, and location of the alleged parking violation and, if applicable, the meter number;

The state license plate number of the illegally parked vehicle, or if the number is not visible or legible, the vehicle identification number or the brake inspection tag number;

The make of the illegally parked vehicle;

The amount of the civil penalty and the date by which the civil penalty is due;

The date, time, and location of the administrative adjudication hearing, to be set not earlier than 30 but not later than 60 calendar days after the date of issuance of the parking citation;

(6)

A notification that the person charged with the parking violation has the right to an instanter hearing the first and third Monday and Wednesday of each month before the scheduled administrative adjudication hearing;

(7)

A notification that failure to timely appear at either an instanter hearing or a scheduled administrative adjudication hearing is considered an admission of liability for the parking violation charge and will result in the assessment of appropriate penalties and costs, and may result in the immobilization, towing, and impoundment of the vehicle for which the citation was issued; and

(8)

The signature of the officer issuing the parking citation.

(Ordinance 6009, sec. 6, adopted 6/6/06; Ordinance 7103, sec. 1, adopted 11/5/19)

§ 24.42 Service of a parking citation; signing; presumption of service.

A parking citation may be served by placing a copy of the citation on the vehicle in a conspicuous place or by mailing the citation to the registered owner of the vehicle. If unpaid after seven days, a parking citation shall be served upon the registered owner of the vehicle by mailing to the registered owner of the vehicle a copy of the citation and, if photographs are taken, photograph(s) depicting the parking violation, showing the state license plate number of the vehicle or the vehicle identification number of the vehicle if available. A citation shall be served on the owner of real property by mailing a copy of the citation to the owner of the real property.

The original parking citation must be signed by the issuing officer whose signature, along with any photographs of the vehicle depicting the violation, if served in accordance with this section, shall be rebuttable proof of the facts contained in the citation and depicted in the photograph(s). The attachment of a digital signature of the issuing officer on an electronically prepared document is deemed to constitute the signature of the officer on the document for purposes of signature requirements of this section, and may be completed by incorporating a visual image of the officer’s signature or by the officer typing “/S” or a similar mark before the officer’s printed name on the citation in the signature block of the citation.

The original or copy of a parking citation, along with a certificate of mailing signed by the person mailing the citation, are prima facie evidence that the parking citation was issued and shall be rebuttable proof that service was made in accordance with the provisions of this section.

(Ordinance 6009, sec. 6, adopted 6/6/06; Ordinance 7103, sec. 1, adopted 11/5/19)

§ 24.43 Liability of vehicle owner and vehicle operator.

Except as provided in subsection (B), the registered owner and the operator of a vehicle, when not the same, are jointly and severally liable to the City for the parking violation, except that the operator of a vehicle shall be solely liable if the owner proves that the vehicle was operated without the owner’s express or implied consent.

A vehicle owner who is engaged in the business of renting or leasing vehicles under written rental or leasing agreements shall not be liable for parking fines, penalties or costs imposed on a rented or leased vehicle if, within 30 days after receiving written notice of a parking violation, the vehicle owner provides an affidavit giving the true name, address, and driver’s license number and state of issuance of the person in possession of the vehicle at the time the parking citation was issued, or a true copy of the lease or rental agreement in effect at the time the parking citation was issued. A lessor of a vehicle who fails to comply with this subsection shall be treated as any other vehicle owner and shall be jointly and severally liable with the vehicle operator for a parking violation charge.

It is a defense to a charge of a parking violation under this article that, at the time of the violation, the vehicle was:

Parked, stopped, or standing in compliance with the lawful order or direction of a police officer;

An authorized emergency vehicle under chapter 546 of the Texas Transportation Code and the operator was acting in compliance with that chapter;

A stolen vehicle and being operated by a person other than the owner of the vehicle without the effective consent of the owner; reported to a police department as having been stolen prior to the time of the violation, and had not yet been recovered;

Operated by a person during a medical emergency; or

Bearing a license plate that was a stolen plate and being displayed on a motor vehicle other than the motor vehicle for which the plate had been issued.

(Ordinance 6009, sec. 6, adopted 6/6/06; Ordinance 7103, sec. 1, adopted 11/5/19)

§ 24.44 Civil penalty.

A parking violation that is made a civil offense under this article shall have a penalty in the applicable amount designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10.

A civil penalty must be paid no later than the 65th day after the issuance of the citation. A penalty paid after that date is subject to a $25.00 late fee and a collection fee, as authorized by section 103.0031 of the Texas Code of Criminal Procedure, in the amount of thirty percent of the total amount of penalty and fees. The collection fees will be used to compensate any third-party private attorney or private vendor who earns the fee by collecting the unpaid amount.

A vehicle that is immobilized in accordance with article shall be assessed a fee to remove the immobilization device in the amount designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10. A vehicle that is impounded shall pay the cost of impound and storage as provided by law.

A penalty established by subsection (A) may not be waived, reduced or modified by a hearing officer, or on appeal, once liability has been determined.

A continuing day-to-day violation of less than three-days’ duration shall not constitute a separate violation but shall be counted as a single violation.

(Ordinance 6009, sec. 6, adopted 6/6/06; Ordinance 6455, sec. 4, adopted 4/19/11; Ordinance 6612, sec. 3, adopted 5/7/13; Ordinance 6649, sec. 2, adopted 9/17/13; Ordinance 7003, sec. 2, adopted 8/7/18; Ordinance 7103, sec. 1, adopted 11/5/19; Ordinance 7118, sec. 1, adopted 1/7/20; Ordinance 7350 adopted 8/2/22; Ordinance 7363 adopted 9/6/2022; Ordinance 7389 adopted 12/13/2022)

§ 24.45 Enforcement of parking violation orders.

For parking violations, in addition to the remedies provided by section 24.52, a final order of liability may be enforced by any one or more of the below methods:

Impounding the vehicle that is the subject of the order when it is found on any public street or other public or City-owned property, if the person charged has committed five or more parking violations in any 12-month period that have not been resolved either by a finding of no liability or by payment of all penalties and costs assessed by the hearing officer;

Placing a “boot” or similar device that prohibits movement of the vehicle that is the subject of the order when the vehicle is found on any public street or other public or City-owned property, if the person charged has committed three or more parking violations in any 12-month period that have not been resolved either by a finding of no liability or by payment of all penalties and costs assessed by the hearing officer;

Imposing a late fee in the amount of $25.00 for any civil penalty not paid within the designated period;

Imposing a collection fee of an amount not to exceed thirty percent of the unpaid civil penalty and late fee amounts due; or

Denying any parking permit or privileges issued or granted by the City.

(Ordinance 6009, sec. 6, adopted 6/6/06; Ordinance 7103, sec. 1, adopted 11/5/19; Ordinance 7363 adopted 9/6/2022; Ordinance 7389 adopted 12/13/2022)

§ 24.46 Expedited hearing after an impoundment or immobilization.

The registered owner of a vehicle that has been impounded or immobilized for the purpose of enforcing a final order of liability shall have the right to an expedited immobilization/impoundment hearing before a hearing officer.

The request for an immobilization/impoundment hearing must be made in writing to the office of the administrative hearing officer, on a form provided for that purpose, within three calendar days from the date the vehicle was immobilized or impounded, whichever occurred first.

An immobilization/impoundment hearing must be held within 48 hours after the office of the administrative hearing officer receives the request for a hearing, excluding Saturdays, Sundays, and City holidays, at the office of the hearing officer or at such other convenient and reasonable place as the hearing officer may designate. If an administrative hearing officer is not available to hear the case, the hearing may be held before a judge of the Municipal Court.

The sole issue to be determined at the immobilization/impoundment hearing is whether the immobilization or impoundment of the vehicle was valid.

An immobilization or impoundment of a vehicle pursuant to the provisions of this article is valid if it complies with the requirements of this article unless the vehicle owner or operator, or the agent of the vehicle owner or operator, can establish that:

The vehicle was registered to and operated by another person at the time the unresolved parking violations occurred;

The vehicle was being operated without the owner’s express or implied consent at the time the unresolved parking violations occurred;

Through no fault of the owner, notice of the unresolved parking violations was never received as required by this article;

One or more citations of the unresolved parking violations are defective and, if dismissed, would leave fewer than the required number of parking violations within the calendar year necessary to trigger an impoundment; or

At the time of the impoundment of the vehicle, the registered owner had no more than two unresolved parking violations within the immediately preceding 12-month period.

(F)

The determination of the hearing officer at the immobilization/impoundment hearing is final and is not subject to appeal.

(G)

If the hearing officer or judge of the Municipal Court conducting the immobilization/impoundment hearing determines that an immobilization or impoundment of a vehicle was not valid, all fees paid for immobilization, towing, storage, and impoundment of the vehicle and any other amount paid to the City to redeem the vehicle shall be refunded, including any fines, penalties, costs or fees for any parking violation that the hearing officer determines should not have been considered in counting parking violations for the purposes of immobilizing or impounding the vehicle. Any fines, penalties, and costs paid for a parking violation for which the registered owner was liable will not be refunded.

(Ordinance 6009, sec. 6, adopted 6/6/06; Ordinance 7103, sec. 1, adopted 11/5/19)

§ 24.47 Disposition of fines, penalties, costs, and fees.

Unless otherwise required by law, all fines, penalties, costs, and fees collected under this article shall be paid into the City’s general fund for the use and benefit of the City.

(Ordinance 6009, sec. 6, adopted 6/6/06; Ordinance 7103, sec. 1, adopted 11/5/19)

§ 24.48 Hearing officer; powers, duties and functions.

The presiding judge of the Municipal Court shall appoint a hearing officer who shall conduct all hearings under this article. A hearing officer shall have the following powers, duties and functions:

To hear argument and determine liability in administrative adjudication hearings under this article;

To rule on motions;

To administer oaths;

To issue orders compelling the attendance of witnesses and the production of documents, which order may be enforced by a Municipal Court;

To question witnesses and examine evidence offered;

(6)

To assess administrative penalties, fees and costs of court in accordance with this article;

(7)

Any other power necessary to carry out the express powers of this section or as may otherwise be assigned to the hearing officer by this Code or other law.

(Ordinance 7103, sec. 1, adopted 11/5/19)

§ 24.49 Administrative hearing.

Hearing officer.

Every hearing for the adjudication of an administrative notice of violation under this article shall be held before a hearing officer.

Date of hearing.

The hearing for the adjudication of a civil parking violation under this article shall be the date listed on the citation. A person who receives a civil parking citation may appear for an instanter hearing any time prior to the hearing date listed on the citation on the first and third Monday and Wednesday of each month, and the matter shall be heard without regard to the hearing date listed on the citation.

Standard of proof.

In an administrative adjudication under this article, the alleged violation must be proven by a preponderance of the evidence.

Proof of facts.

In an administrative adjudication under this article, a violation may not be proven merely by the allegations contained in the notice of violation alone, but the allegations in the citation along with photographs of the vehicle depicting the violation, if any, shall be rebuttable proof of the facts contained in the citation and depicted in the photograph(s). It is presumed that the registered owner of the vehicle for which the citation was issued is the person who stopped, stood, or parked the vehicle at the time and place of the parking violation. Proof of ownership of a motor vehicle may be made by a computer-generated record of the registration of the vehicle with the Texas Department of Motor Vehicles computer-generated record showing the name of the person to whom state license plates were issued. This proof is prima facie evidence of the ownership of the vehicle by the person to whom the certificate of registration was issued.

Rules of evidence inapplicable; admissibility.

The formal rules of evidence and procedure do not apply to a hearing under this article, and relevant evidence will be admitted if the hearing officer finds that evidence is of that quality which reasonable persons are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any common law or statutory rule to the contrary.

(F)

Right to call and examine witnesses.

Each party shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues; and to rebut the opposing party’s evidence.

(G)

Examination of witness by hearing officer.

The hearing officer may examine any witness and may consider any evidence offered by a witness or person charged with a violation, giving due weight to all testimony and evidence admitted.

(H)

Decision of hearing officer.

At the conclusion of the hearing, the hearing officer shall issue an order stating whether the person charged with a violation is liable for the violation and the amount of any penalty, cost, or fee assessed against the person as provided in this article.

(I)

Assessment and payment of penalties and fees.

A person who is found liable for a civil penalty after an administrative adjudication hearing shall pay the civil penalty and costs within 65 days of the date the citation was issued. The payment of the civil penalty and costs assessed pursuant to this article shall operate as a final disposition of the violation charged, except when payment is made to reset a scheduled hearing or to file an appeal.

(J)

Continuances and rescheduling.

A scheduled hearing may not be continued or reset at the request of the person charged with a violation more than once unless the person charged deposits with the clerk an amount equal to the applicable civil penalty for the alleged violation. The clerk shall issue a receipt for any amount so deposited. After presentation of the receipt, all amounts so deposited shall be refunded to the person charged if the hearing officer, or the Municipal Court on appeal, finds that the person is not liable for the violation.

(K)

Effect of failure to pay or contest.

Failure to pay a civil penalty or to contest liability in a timely manner is an admission of liability in the full amount of the civil penalty assessed in the notice of violation and constitutes a waiver of the right to appeal.

(L)

Failure to appear.

Failure to appear at an administrative adjudication hearing on or before the date listed on the parking citation or after having requested a hearing (including a continued hearing or a rescheduled hearing) is an admission of liability for the full amount of the civil penalty assessed in the notice of violation and the costs of the hearing, and constitutes a waiver of the right to appeal.

(Ordinance 7103, sec. 1, adopted 11/5/19; Ordinance 7130 adopted 3/17/20)

§ 24.50 Order of liability.

Contents.

If, after a hearing, the hearing officer finds a person liable for a violation under this article, an order of liability shall be issued which shall contain a statement:

Finding the person charged liable for the violation;

Of the amount of civil penalties, fees, and court costs;

Of the right to appeal to the Municipal Court before the thirty-first day after the date the hearing officer’s order is filed; and

That the order issued by the hearing officer may be enforced by the filing of a civil suit for collection of the administrative penalties, fees, and costs of court.

Notification.

Within seven days after filing an order of liability issued under this article, the hearing officer shall notify the person against whom an administrative penalty has been assessed of the issuance of the order. An order of liability issued under this article shall be in writing and may be served personally upon the person charged, or by first class United States mail. An order that is mailed shall be mailed to the last known address of the person charged, and is presumed to have been received on the fifth day after the date the order was mailed.

Filing.

An order issued by the hearing officer under this article shall be filed with the City Secretary and shall be kept in a separate index and file. The order may be recorded using microfilm, microfiche, or data processing techniques.

Order is final if not timely appealed.

If a person found liable for a violation does not timely appeal the hearing officer’s order, the hearing officer’s order shall become a final judgment enforceable as provided by law.

Failure to timely file appeal; effect.

A person who does not file a timely appeal of a determination of the hearing officer shall pay all civil penalties, costs, and fees assessed by the hearing officer before the thirty-first day after the date the hearing officer’s determination is filed with the City Secretary.

(Ordinance 7103, sec. 1, adopted 11/5/19)

§ 24.51 Appeal from the decision of hearing officer.

Appeal to municipal court.

A person who is found liable after an administrative adjudication hearing may appeal to the Municipal Court by filing a notice of appeal with the Clerk of the Municipal Court. The notice of appeal must be filed not later than the thirty-first day after the date on which the hearing officer entered the finding of liability and shall be accompanied by the payment of an appellate filing fee in the amount designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10. A person appealing the decision of the hearing officer may request a jury trial by paying a jury fee in the amount designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10. If the presiding judge of the Municipal Court determines that the person found liable for a violation by the hearing officer is indigent and financially unable to pay the costs of appeal, the presiding judge may order a waiver of those costs.

Effect of filing.

An appeal stays the enforcement and collection of the judgment.

Standard on appeal.

The Municipal Court Judge or conduct a hearing de novo, under the procedures for a hearing officer as set out in Section 24.49. At the conclusion of the hearing, the Municipal Judge shall issue an order stating whether the person charged with a violation is liable for the violation and the amount of any penalty, cost, or fee assessed against the person. The ruling of a Municipal Court Judge in an appeal under this article is a final judgment.

Standard of proof.

In an appeal under this article, the alleged violation must be proven by a preponderance of the evidence.