Loading...
197841 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ORDINANCE NO. 191784 AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV. CODE S 32 -322 (1988) TO MODIFY THE MANNER IN WHICH THE CITY SHALL IMMOBILIZE MOTOR VEHICLES WITH A BOOT OR BY TOWING; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, through Little Rock, Ark., Rev. Code 5 32 -322 (1988) establishes that motor vehicles may be immobilized and booted or towed in certain circumstances; and WHEREAS, the administrative and enforcement efforts that the City must employ to assure that City ordinance and state statutory parking violations are enforced is time consuming and expensive, and WHEREAS, since there is no room at the Pulaski County Regional Detention Facility to incarcerate these persons until fines are paid, but the booting of automobiles has proven to be an effective way to assure that fines already imposed are collected, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: Section 1. Little Rock, Ark., Rev. Code S 32 -322 (1988) is hereby amended as follows: (a) Subsection (1)(a) is hereby amended to read as follows: There are five (5) or more outstanding or otherwise unsettled parking violation notices for tickets that have been issued within the previous twelve (12) months which are over twenty -one (21) days old, or warrants issued for such violation pending against the owner of such motor vehicle; or (b) There is an amount equal to two hundred fifty dollars ($250.00) or more of un- paid parking violation fines, or costs, or both, that have been issued within the previous twelve (12) months, pending against the owner of such motor vehicle. (c) Section 2. Little Rock, Ark., Rev. Code 5 32 -322 (1988) is hereby amended as follows: (5) Provided the motor vehicle is not parked in an emergency, handicapped, or oth- erwise specially marked zone, including but not limited to lanes in which park- ing is prohibited during certain periods of time, the immobilizing device or mechanism shall remain in place for twenty -four (24) hours unless the owner has complied with subsection (3) of this section. If such compliance has not oc- ORDINANCE TO ALLOW THE BOOTING AND TOWING OF CERTAIN AUTOMOBILES [PAGE 1 OF 4] 1 curred within the twenty -four (24) hours, the vehicle shall be towed and im- 2 pounded at the City impound lot. 3 (6) If the immobilization occurs when a vehicle is parked in an emergency, handi- 4 capped, or otherwise specially marked zone, including but not limited to lanes 5 in which parking is prohibited during certain periods of time and no further de- 6 lay can be reasonably tolerated, towing may occur immediately, and the owner 7 of such vehicle is subject to towing and impounding fees. City towing and stor- 8 age fees shall be paid, along with fines and fees specified in this ordinance, be- 9 fore the owner of such vehicle, or the owner's authorized person or agent, shalt 10 be permitted to repossess or secure the release of the vehicle. 11 (7) Notwithstanding any other provision of this Section, if a vehicle has been immo- 12 bitized in the previous twelve (12) months for failure to settle outstanding park - 13 ing violations, or amounts of fines and costs, as set forth in this ordinance, the 14 automobile shall be towed to the City impound lot at the owner's expense, and 15 shall not be released until the owner has complied with all the provisions of this 16 Ordinance including, but not limited, the payment of all outstanding fines, fees 17 and costs. 18 (8) (i) The owner of an immobilized vehicle shall be subject to a fee of one 19 hundred dollars ($100.00) for such immobilization; and, 20 (ii) The owner of an immobilized vehicle that is towed shall be subject to 21 any towing and storage fees and costs. 22 (9) A notice, printed on highly visible paper or other material, shall be attached to 23 the vehicle in a conspicuous place, and shall read substantially as follows: 24 WARNING! 25 DO NOT MOVE THIS VEHICLE 26 ATTEMPTS TO OPERATE THIS VEHICLE WHILE THE IMMOBILIZ- 27 ING DEVICE IS ATTACHED MAY RESULT IN SERIOUS DAMAGE TO 28 THE VEHICLE OR SERIOUS BODILY INJURY TO THE PERSON AT- 29 TEMPTING TO OPERATE THE VEHICLE. 30 This vehicle has been immobilized by the City of Little Rock for 31 violations of the Municipal Code concerning parking violations. 32 To secure the release of the vehicle, payment shall be made 33 for all outstanding parking violations, parking warrants, and the 34 immobilization or impoundment fee, or both. An additional cost of 35 fifty dollars ($50.00) shall be charged and paid for releases that oc- 36 cur after normal business hours and holidays. [PAGE 2 OF 4] ORDINANCE TO ALLOW THE BOOTING AND TOWING OF CERTAIN AUTOMOBILES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Arrangements for release of this vehicle may be made by call- ing the: (1) Parking Enforcement Section at (phone number) be- tween 9:00 a.m. and 4:00 p.m., Monday through Fri- day; or (2) The Little Rock Police Department (Desk Sergeant) at (phone number) at all other hours and on Saturdays, Sundays, and holidays. ATTENTION, VEHICLE OWNER: You are hereby advised of your rights to request a prompt hearing to determine the validity of the im- mobilization, tow, or both, and any related fees. Detailed information relative to obtaining such a hearing is provided on the reverse side of the immobilization receipt. CITY OF LITTLE ROCK DEPARTMENT OF PUBLIC WORKS (10) The city manager, or the manager's designee, shall have the authority to im- plement the parking enforcement provisions of this Ordinance. (11) Nothing in this paragraph shall be construed to deprive any person of the con- stitutional right to a hearing or trial as to the violations charged. Section 3. The City Manager shall direct the Director of the Department of Finance, and the Chief of the Little Rock Police Department, to develop a system to assure that any vehicle that is booted, or towed, in accordance with this ordinance, can be released at any time any day of the week. Section 4. Effective Date. This ordinance shall be in full force and effect from and after Sep- tember 15, 2007. Section 5. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such decla- ration or adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not origi- nally a part of the ordinance. Section 6. Repeater. All laws, ordinances, resolutions, or parts of the same, that are inconsis- tent with the provisions of this ordinance, are hereby repealed to the extent of such inconsistency, including, but not limited to, Little Rock, Ark., Rev. Code 5 32 -322 (1988). PASSED: July 17, 2007 ATTEST: APPROVED* Na y Wood, C y Clerk ORDINANCE TO ALLOW THE BOOTING AND TOWING OF CERTAIN AUTOMOBILES [PAGE 3 OF 4] Mark Stodola, Mayor 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 APPROVED AS TO LEGAL FORM: Thomas M. Carpenter, City At Yr ney ORDINANCE TO ALLOW THE BOOTING AND TOWING OF CERTAIN AUTOMOBILES [PAGE 4 OF 4]