City Ordinance (Parking Enforcement) - Police Department

Parking Enforcement

City of Concord Ordinance

ARTICLE 19-2 TOWING AND IMMOBILIZATION FOR UNPAID FINES

19-2-1 Parking Employee.

The City Manager is authorized to designate one or more parking employees. The parking employee may be any individual employed by the City of Concord whose position of employment is conducive to the performance of the duties contained in this article.

(Ord. No. 2344, § I, 7-10-00)

19-2-2 Illegally Parked.

A vehicle is illegally parked in or on any public way, municipal parking lot, or municipal parking garage when on that particular date and time the owner of the vehicle is listed on the tow or immobilization list.

(Ord. No. 2344, § I, 7-10-00)

19-2-3 Ownership or Control.

The fact that a motor vehicle which is illegally parked is registered in the name of a person, business, or corporation, shall be considered prima facie proof that such person, business, or corporation was in control of the motor vehicle at the time of such person, business, or corporation had authorized the use of such registered motor vehicle.

(Ord. No. 2344, § I, 7-10-00)

19-2-4 Towing and Immobilization Authorized.

The parking employee is authorized to have a motor vehicle, the owner of which is listed on the tow and immobilization list and which is illegally parked in or on any public way, municipal parking lot, or municipal parking garage, towed and stored, or otherwise immobilized by a mechanical device.

(Ord. No. 2344, § I, 7-10-00)

19-2-5 Notice of Towing or Immobilization.

The parking employee may at any time subsequent to an owner accumulating five (5) unpaid parking tickets or unpaid fines in excess of one hundred dollars ($100.00) on any and all vehicles registered in the owner's name, send the owner by certified mail notice that failure to resolve the violations within five (5) days of receipt of the notice may lead to towing or immobilization of any or all of the owner's vehicles pending resolution of the outstanding tickets and fines.

(Ord. No. 2344, § I, 7-10-00)

19-2-6 Content of Notice.

The notice shall contain:

(a)     The date, time, and location of the violations leading to the issuance of the notice;

(b)     A statement that failure to resolve the violations within five (5) days from the receipt of notice may lead to towing or immobilization of any or all vehicles registered to the owner; and

(c)     A statement that the recipient of the notice may contact the parking employee to arrange a hearing on the subject of the violations.


	19-2-7 Hearing.



		At the request of the recipient of a notice issued pursuant to this *article, the parking employee shall arrange a hearing with the parking supervisor. Such hearing shall be scheduled during normal business hours of City Hall. The parking supervisor shall conduct and preside over all hearings scheduled under this article*. The hearings shall be informal and the rules of evidence shall not apply. At such hearings, the owner of the motor vehicle which is the subject of the hearing may present any defense of law or fact which is relevant to the issue of whether or not the subject vehicle should be placed on the list of vehicles subject to towing or immobilization. The decision of the parking supervisor shall be final.



		(Ord. No. 2344, § I, 7-10-00)



		19-2-8 Tow or Immobilization List.



		The Police Department Parking Bureau shall maintain a list of owners whose vehicles are subject to being towed and held in storage or immobilized pending final resolution of unpaid violations. The list shall contain all motor vehicles belonging to an owner who has received notice as specified in section 19-2-5. The owner's name shall not be placed on the list if the parking supervisor, after hearing, orders otherwise or if all fines for offenses contained in the notice of towing or immobilization are paid in full and received.



		(Ord. No. 2344, § I, 7-10-00)



		19-2-9 Release of Towed or Immobilized Vehicles.



		A person may have his or her name removed from the tow or immobilization list, and motor vehicles released from storage, or may have immobilization devices removed in the following manner:



		(1) By order of the parking supervisor after hearings;



		(2) By payment in full of all parking fines attributable to the violations contained in the notice of towing or immobilization.



		(3) By posting a cash bond with the City of Concord in an amount sufficient to make payment in full of all parking fines arising out of the violations contained in the notice of towing or immobilization in order to allow a judicial determination of the violations pursuant to state law; or



		(4) By a judicial determination resolving the violations and the payment of any fine arising out of such determination.



		(Ord. No. 2344, § I, 7-10-00)



		19-2-10 Unauthorized Removal of Immobilization Device.



		A person shall not remove an immobilization device from a vehicle without authority to do so.



		(Ord. No. 2344, § I, 7-10-00)



		19-2-11 Release of Stored Motor Vehicle.



		A motor vehicle that has been towed and stored pursuant to this *article*, shall not be released until all fees and charges incurred by the towing company for the towing and storage of the vehicle have been paid.



		(Ord. No. 2344, § I, 7-10-00)

*City of Concord Ordinance*
ARTICLE 19-2 TOWING AND IMMOBILIZATION FOR UNPAID FINES



		The City Manager is authorized to designate one or more parking employees. The parking employee may be any individual employed by the City of Concord whose position of employment is conducive to the performance of the duties contained in this *article*.



		A vehicle is illegally parked in or on any public way, municipal parking lot, or municipal parking garage when on that particular date and time the owner of the vehicle is listed on the tow or immobilization list.



		The fact that a motor vehicle which is illegally parked is registered in the name of a person, business, or corporation, shall be considered prima facie proof that such person, business, or corporation was in control of the motor vehicle at the time of such person, business, or corporation had authorized the use of such registered motor vehicle.



		The parking employee is authorized to have a motor vehicle, the owner of which is listed on the tow and immobilization list and which is illegally parked in or on any public way, municipal parking lot, or municipal parking garage, towed and stored, or otherwise immobilized by a mechanical device.



		The parking employee may at any time subsequent to an owner accumulating five (5) unpaid parking tickets or unpaid fines in excess of one hundred dollars ($100.00) on any and all vehicles registered in the owner's name, send the owner by certified mail notice that failure to resolve the violations within five (5) days of receipt of the notice may lead to towing or immobilization of any or all of the owner's vehicles pending resolution of the outstanding tickets and fines.



		(a) The date, time, and location of the violations leading to the issuance of the notice;



		(b) A statement that failure to resolve the violations within five (5) days from the receipt of notice may lead to towing or immobilization of any or all vehicles registered to the owner; and



		(c) A statement that the recipient of the notice may contact the parking employee to arrange a hearing on the subject of the violations.