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21836 1 ORDINANCE NO. 21,836 2 3 AN ORDINANCE TO FURTHER AMEND LITTLE ROCK, ARK., 4 ORDINANCE NO. 21,750 (JUNE 9, 2019) TO INSTITUTE AN APPEAL 5 PROCEDURE; TO DECLARE AN EMERGENCY; AND FOR OTHER 6 PURPOSES. 7 8 WHEREAS,the Board of Directors passed Little Rock,Ark.,Ordinance No.21,750 on June 19,2019, 9 to amend Little Rock, Ark., Rev. Code § 32-322 (1988) regarding the procedures to be followed for the 10 immobilization of vehicles with excessive unpaid parking tickets or fines; and, 11 WHEREAS,the Board of Directors passed Little Rock, Ark., Ordinance No. 21,758 on July 9, 2019, 12 to amend Little Rock,Ark., Ordinance No.21,750 to clarify issues and to correct language for Little Rock, 13 Ark.,Ordinance No.21,750; and, 14 WHEREAS,while finalizing the procedures for the owner of an immobilized vehicle to challenge the 15 appeal it was determined that certain clarifying language was needed, and certain amendments were also 16 required. 17 NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 18 OF LITTLE ROCK,ARKANSAS: 19 Section 1. Little Rock, Ark., Rev. Code § 32-322 (1988) on the immobilization of automobiles for 20 which there are delinquent parking fines is hereby amended to read as follows: 21 A motor vehicle,parked upon public property or public right-of-way,by or under the direction 22 of a certified law enforcement officer, or by the Mayor or City Manager, or their designee also 23 known as the"City Designee",be immobilized in such a manner as to prevent its operation if: 24 (a) There is an amount owed to the City as a result of outstanding or otherwise 25 unsettled parking violation notices for tickets that have been issued within the previous 26 three (3) years which are over thirty (30) days old, and one or more warrants have been 27 issued for such a violation against the owner of such motor vehicle; or, 28 (b) There is an amount equal to Two Hundred Fifty Dollars ($250.00) or more of 29 unpaid parking violation fines,or costs,or both,that have been issued within the previous 30 three(3)years, pending against the owner of such motor vehicle; or, 31 (c)The owner has attained authority from a court of competent jurisdiction to post a 32 bond for the release of a vehicle but has failed to post such bond within twenty four(24) 33 hours of the immobilization or issuance of the court order,whichever is later. [Page 1 of 6] I 1 Upon immobilization of such motor vehicle,the officer or employee shall cause to be 2 placed on such vehicle, in a conspicuous manner,notice sufficient to warn any individual 3 that the vehicle has been immobilized and that any attempt to move such vehicle might 4 result in damage to such vehicle. In addition to any other notice the owner of the motor 5 vehicle has received prior to the immobilization, as soon as practicable, the City shall 6 inform the owner of the immobilized vehicle of the nature and circumstances of the prior 7 outstanding or unsettled traffic violation notices or warrants for which, or on account of 8 which, such vehicle was immobilized. 9 The owner of such immobilized vehicle,or other authorized person,shall be permitted 10 to secure release of the vehicle upon: 11 (I) Depositing 12 (a)A Bond set by Court Order, and met by the Owner, requiring 13 the owner's appearance in the appropriate court of competent 14 jurisdiction to challenge a violation that serves as a basis for the 15 immobilization and the amount of the outstanding parking fines;or, 16 (b) The amount of the fine or penalty for each violation for which 17 there is an outstanding or otherwise unsettled traffic violation notice 18 or warrant;and 19 (II) The payment of the fees as required by this section. 20 The owner of an immobilized vehicle, or a person with written 21 authorization to do so, shall have the right to a post-immobilization 22 hearing to determine the validity of such immobilization,towing, and 23 within seventy-two (72) hours after the vehicle is immobilized and 24 shall be conducted by a hearing officer appointed by the Mayor to 25 conduct such hearings within seventy-two (72) hours after receipt of 26 the request.The post-immobilization hearing is civil in nature and will 27 not be used to determine or adjudicate any citation issued relative to 28 any immobilized vehicle and the reason it was immobilized. 29 Procedures for the conduct of the hearing shall be established by the 30 Mayor, published on the City website, and shall be provided to the 31 owner, or the owner's authorized representative, upon receipt of the 32 hearing request. The procedures for the hearing shall be given to the 33 person filing the request for a hearing at the time of filing, or 34 electronically once the appeal is filed. The request for a hearing may [Page 2 of 6] 1 be submitted in person, or electronically, including email,to the City 2 address identified on the immobilization notice.Notwithstanding any 3 other provisions of this ordinance,if the seventy-two(72)-hour period 4 for a hearing falls on a weekend or holiday, or on a day when all but 5 emergency personnel of the City are released from work because of 6 inclement weather, natural disaster, or public safety threat, then the 7 hearing shall be held either the first day the City is opened for business 8 if possible,but in any event no later than three(3)business days from 9 the first day the City is open for business. 10 Provided the motor vehicle is not parked in an emergency, 11 handicapped, or otherwise specially-marked zone, including,'but not 12 limited to, lanes in which parking is prohibited during certain periods 13 of time, the immobilizing device or mechanism shall remain in place 14 for twenty-four (24) hours unless the owner has complied with the 15 above Subsections I on Deposits,and Subsection II as to the payment 16 of fines and fees,. If such compliance has not occurred within the 17 twenty-four (24) hours, the vehicle shall be towed and impounded at 18 the city impound lot. 19 If the immobilization occurs when a vehicle is parked in an 20 emergency, handicapped, or otherwise specially marked zone or in 21 lanes in which parking is prohibited during certain periods of time and 22 no further delay in the City's consideration can be tolerated, towing 23 may occur immediately, and the owner of such vehicle is subject to 24 towing and impounding fees. City towing and storage fees shall be 25 paid, along with any outstanding fines and fees specified in this 26 ordinance,before the owner of such vehicle,or the owner's authorized 27 person or agent, shall be permitted to repossess or secure the release 28 of the vehicle. 29 Notwithstanding any other provision of this section, if the owner 30 of the vehicle has had another vehicle immobilized within the previous 31 twelve (12) months for failure to settle outstanding City parking 32 violations, or amounts of fines and costs, as set forth in this division, 33 the automobile shall be towed to the city impound lot at the owner's 34 expense, and shall not be released until the owner has complied with [Page 3 of 6] 1 all the provisions of this section including, but not limited to, the 2 payment of all outstanding fines, fees and costs. 3 Fees and Towing expenses. 4 (a) The owner of an immobilized vehicle shall be subject to a fee of One Hundred Dollars 5 ($100.00)for such immobilization; and, 6 (b) The owner of an immobilized vehicle that is towed shall be subject to any towing and 7 storage fees and costs. 8 A notice,printed on highly visible paper or other material shall be attached to the vehicle 9 in a conspicuous place, and shall read substantially as follows: 10 WARNING! 11 DO NOT MOVE THIS VEHICLE 12 ATTEMPTS TO OPERATE THIS VEHICLE WHILE THE 13 IMMOBILIZING DEVICE IS ATTACHED MAY RESULT IN 14 SERIOUS DAMAGE TO THE VEHICLE OR SERIOUS BODILY 15 INJURY TO THE PERSON ATTEMPTING TO OPERATE THE 16 VEHICLE.This vehicle has been immobilized by the City of Little Rock 17 for violations of the Municipal Code concerning parking violations. 18 To secure the release of the vehicle, payment shall be made for all 19 outstanding parking violations, parking warrants, and the immobilization 20 or impoundment fee,or both. An additional cost of Fifty Dollars($50.00) 21 shall be charged and paid for releases that occur after normal business 22 hours and holidays. 23 Arrangements for release of this vehicle may be made by calling the: 24 (1) Parking Enforcement Section at (phone number) between 25 9:00 AM and 4:00 PM,Monday through Friday; or, 26 (2) The Little Rock Police Department(Desk Sergeant)at(phone 27 number) at all other hours and on Saturdays, Sundays and 28 holidays. 29 ATTENTION,VEHICLE OWNER: You are hereby advised of your 30 rights to request a prompt hearing to determine the validity of the 31 immobilization, tow, or both, and any related fees. Detailed 32 information relative to obtaining such a hearing is provided on this 33 immobilization receipt.The request must be made within seventy-two 34 (72) hours of the immobilization.A hearing on the appeal is normally [Page 4 of 6] 1 held within seventy-two (72) hours of the request. The details of how 2 to appeal a decision may be left with this notice, but in any event are 3 available at any time at www.littlerock.Rov;or may be obtained by calling 4 (phone number). 5 CITY OF LITTLE ROCK 6 DEPARTMENT OF PUBLIC WORKS 7 8 In addition to the information set forth expressly above, the notice shall provide contact 9 information necessary to perfect an appeal within the seventy-two(72)-hour time frame. 10 Notice of an intent to appeal is perfected if personally served on the City, or sent 11 electronically. For purposes of this provision, notice is considered to be sent when placed in 12 the mail, provided to a delivery service, or is registered as sent on an electronic platform, 13 including email, from an address which belongs to or is used by the owner of the vehicle. 14 The Mayor shall have the authority to implement the parking enforcement provisions of 15 this Section. 16 Nothing in this section shall be construed to deprive any person of a constitutional right to 17 a hearing or trial as to the violations charged, but it is understood that this remedy shall not be 18 available to the City until there has been a finding of guilt on a prior parking offense or the 19 owner of the vehicle has failed to appear and contest a prior parking offense. 20 It is no defense to the enforcement remedy set forth in this ordinance that the owner of the 21 vehicle was not the person in control of the vehicle when a parking citation was issued; 22 provided,if the listed owner of the vehicle at the time of immobilization can establish the lack 23 of ownership at the time the parking citations for the vehicle which are the basis for 24 immobilization occurred were issued,then such lack of ownership or possession is an absolute 25 defense to such citation associated with the vehicle. 26 If an appeal is successful,then the costs of immobilization and towing shall be paid by the 27 City; however, the owner shall still be responsible for the payment of any outstanding fine 28 amounts and court costs. 29 Section 2. For purposes of Section of this ordinance, a reference to the Mayor means the Mayor, or 30 the Mayor's designee which may include the City Manager. 31 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 32 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or 33 adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and [Page 5 of 6] 1 effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the 2 ordinance. 3 Section 4. Repealer. All laws,ordinances,resolutions,or parts of the same,that are inconsistent with 4 the provisions of this resolution, are hereby repealed to the extent of such inconsistency including,but not 5 limited to, Little Rock, Ark., Ordinance No. 21,758 (July 9, 2019) and Little Rock, Ark., Ordinance No. 6 21,750(June 19,2019). 7 Section 5. Emergency Clause. Numerous motor vehicle owners abuse City parking regulations and 8 in the process either make it impractical for other citizens or visitors to find convenient parking, or make 9 it unsafe to persons seeking a safe parking place; the ability to find safe parking within close proximity to 10 the place of business to be visited is essential to the public health, safety&welfare; the City has amended 11 its ordinance on immobilization to clam its intentions, and these further amendments should be 12 immediately applicable so there will be only one regulatory scheme in place; an emergency is, therefore, 13 declared to exist, and this ordinance shall be in full force and effect from and after the date of its passage. 14 PASSED: February 4,2020 15 -r:- APPROVED: 16 �, 17' �1 18 'usa ,City Clerk Frank Scott,Jr.,Mayor 19 APPR, 1 • TO LEGAL FORM: 20 21 Amid !/24 l/`*-moi! - / ,Ge' 22 Thomas M.Carpenter,City Attorn 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // [Page 6 of 6]