18618I ORDINANCE NO. 18,618
d
3 AN ORDINANCE TO ESTABLISH PROVISIONS FOR THE
4 IMMOBILIZATION OF AN AUTOMOBILE FOR WHICH THERE ARE A
5 NUMBER OF OUTSTANDING PARKING FINES OR TICKETS
6 PENDING; TO ESTABLISH A POST - DEPRIVATION PROCEDURE FOR
7 THE RELEASE OF AN AUTOMOBILE SEIZED PURSUANT TO THIS
9 ORDINANCE, TO DECLARE AN EMERGENCY; AND FOR OTHER
9 PURPOSES.
10
11 WHEREAS, the City has had difficulties in the collection of parking fines issued for
12 persons who illegally park their automobiles in metered parking spaces, or in restricted
13 unmetered parking spaces, and
14 WHEREAS, even though warrants for arrest of these individuals may be entered
15 into the system, it is not always possible to get these warrants served within the time
16 frame for an ordinance violation and, as a result, the fines are lost and a concomitant
17 respect for the judicial process is undermined, and
is WHEREAS, the City has the statutory right to determine the terms and conditions
19 that will be imposed for this use of the streets and rights -of -way within the corporate
20 limits of the City, and
21 WHEREAS, without some provision to assure that people will be careful to pay
22 their parking fines, they will be able to avoid the judicial system and, in the process, to
23 create problems with parking on public streets since they will treat metered and restricted
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1 parking places as essentially private parking lots maintained at public expense without
2 any contribution from the individual, and
3 WHEREAS, after study of systems in other communities, it has been determined
4 that with an appropriate post - deprivation proceeding in place to assure that an individual
5 can promptly obtain release of an automobile upon the payment of the various fines and
6 costs outstanding prior to the time the automobile was seized, and any other costs that
7 may be imposed as a result of the seizure, that the city may institute a process for vehicle
s immobilization.
9 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
to THE CITY OF LITTLE ROCK, ARKANSAS:
11 Section 1. A motor vehicle, parked upon the public way at any time may, by or
12 under the direction of an officer or member of the Little Rock Police Department, or by the
13 City Manager, or the manager's designee, be immobilized in such a manner as to prevent
14 its operation, if:
15 (a) There are five (5) or more outstanding or otherwise unsettled parking
16 violation notices over 21 days old, or warrants issued for such violations, pending
17 against the owner of such motor vehicle; or,
18 (b) There is an amount equal to two hundred fifty dollars ($250.00) or
19 more of unpaid parking violations fines, or costs, or both, pending against the
20 owner of such motor vehicle.
21 Section 2. Upon immobilization of such motor vehicle, the officer or employee
22 shall cause to be placed on such vehicle, in a conspicuous manner, notice sufficient to warn
23 any individual that the vehicle has been immobilized and that any attempt to move such
24 vehicle might result in damage to such vehicle. In addition to any other notice the owner
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1 of the motor vehicle has received prior to the immobilization, as soon as practicable, the
2 city shall inform the owner of the immobilized vehicle of the nature and circumstances of
3 the prior outstanding or unsettled traffic violation notices or warrants for which, or on
4 account of which, such vehicle was immobilized.
5 Section 3. The owner of such immobilized vehicle, or other authorized person,
6 shall be permitted to secure release of the vehicle upon:
7 (a) Depositing
8 (i) The collateral required for his appearance in the appropriate court of
9 competent jurisdiction to answer for each violation; or
to (ii) The amount of the fine or penalty for each violation for which there is an
11 outstanding or otherwise unsettled traffic violation notice or warrant; and
12 (b) The payment of the fees as required by this ordinance.
13 Section 4. The owner of an immobilized vehicle, or a person with written
14 authorization to do so, shall have the right to a post - immobilization hearing to determine
15 the validity of such immobilization, towing, and any towing or storage charges. Such
16 hearing must be requested within fifteen (15) days after the vehicle is immobilized and
17 shall be conducted by a hearing officer appointed by the City Manager to conduct such
18 hearings within seventy-two (72) hours after receipt of the request. The post -
19 immobilization hearing is civil in nature and will not be used to determine or adjudicate
20 any citation issued relative to any immobilized vehicle. Procedures for the conduct of the
21 hearing shall be established by the City Manager and shall be provided to the owner, or
22 the owner's authorized representative, upon receipt of the hearing request.
23 Section 5. Provided the motor vehicle is not parked in an emergency,
24 handicapped, or otherwise specially marked zone, the immobilizing device or mechanism
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1 shall remain in place for twenty-four (24) hours unless the owner has complied with
2 Section 3 of this ordinance. If such compliance has not occurred within the twenty-four
3 (24) hours, the vehicle shall be towed and impounded.
4 Section 6. If the immobilization occurs when a vehicle is parked in an
5 emergency, handicapped, or otherwise specially marked zone for which towing may be
6 immediate, then such vehicle is subject to towing and impounding. City towing and
7 storage fees shall be paid, along with fines and fees specified in this ordinance, before the
8 owner of such vehicle, or authorized person, shall be permitted to repossess or secure the
9 release of the vehicle.
10 Section 7. The owner of an immobilized vehicle shall be subject to a fee of
11 $100.00 for such immobilization. The owner of an immobilized vehicle which is
12 impounded shall be subject to a total fee of $100.00 plus daily storage fees and
13 administrative costs.
14 Section 8. The notice attached to the vehicle shall read as follows:
15
WARNING!
16
DO NOT MOVE THIS VEHICLE
17
Attempts to operate this vehicle while the immobilizing device
18
is attached may result in serious damage to the vehicle or
19
serious bodily injury to the person attempting to operate the
20
vehicle.
21
This vehicle has been immobilized by the City of Little Rock for
22
violations of the Municipal Code (5 or more outstanding
23
parking violation notices).
24
To secure release of this vehicle, payment must be made for all
25
outstanding parking violations, parking warrants and the
26
immobilization and impoundment fee, or both.
27
Arrangements for release of this vehicle may be made by
28
calling the:
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1 Parking Enforcement Section at 371 -4528 between 9:00 a.m.
2 and 4:00 p.m., Monday through Friday and The Little Rock
3 Police Department (Desk Sergeant) at 371 -4605 at all other
4 hours and on Saturdays, Sundays and holidays. After hours
5 release will be done by a towing company for a charge of
6 $30.00.
7 Attention, vehicle owner: You are hereby advised of your
8 rights to request a prompt hearing to determine the validity of
9 the tow and any related fees. Detailed information relative to
10 obtaining such a hearing is provided on the reverse side of the
11 immobilization fee receipt.
12 City of Little Rock Public Works Department
13
14 Section 9. The City Manager, or the manager's designee, shall have authority for
15 implementing the parking enforcement provisions of this paragraph.
16 Section 10. Nothing in this paragraph shall be construed to deprive any person of
17 the constitutional right to a hearing or trial as to the violations charged.
18 Section 11. Severability. In the event any title, section, subsection, subdivision,
19
paragraph,
subparagraph, item,
sentence, clause,
phrase, or word
of this ordinance is
20
declared or to be adjudged to
be invalid or
unconstitutional,
such declaration or
21 adjudication shall not affect the remaining portions of the ordinance which shall remain in
22 full force and effect as if the portion so declared or adjudged invalid or unconstitutional
23 was not originally a part of this ordinance.
24 Section 12. Emergency. It is hereby found and determined by the Board of
25 Directors of the City of Little Rock that the City has a strong interest in enforcing traffic
26 ordinances for the safety and convenience of the public. This enforcement is impossible if
27 vehicle owners can repeatedly ignore with impunity the sanctions imposed for violations
28 of the ordinance. In addition, vehicle immobilization provides an effective, and possibly
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1 the only feasible, means of forcing repeat violators to pay for or contest the tickets they
2 have received. Further, the person whose vehicle is immobilized will be deterred from
3 accumulating and neglecting to pay significant numbers of tickets in the future. By
4 enacting this ordinance, the City's ability to provide and support the public peace, health
5 and safety will be enhanced, and therefore this Ordinance should be given effect
6 immediately. Therefore, an emergency is hereby declared to exist and this Ordinance
7 being necessary for the preservation of the public peace, health and safety shall be in full
s force and effect from and after its passage and approval.
9 PASSED: December 18, 2001
to ATTEST: APPROVED:
11 `
12
13 N cy Wogd, City Clerk Dailey, Mayor
14
15 APPROVED AS TO LEGAL FORM:
16
18 Thomas M. Carpenter, City Attorney
19 H
20 H
21 H
22 H
23 H
24 H
25 H
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