HomeMy WebLinkAbout2005-7-6991448
ORDINANCE NO. 2005-7-6991
AN ORDINANCE AMENDING CHAPTER 110, TRAFFIC AND
VEHICLES, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Section 110-183, Parking Violation Notice, of Chapter
110, Traffic and Vehicles, of the Code of Ordinances is hereby amended to read as
follows:
"Sec. 110-183. Parking Violation Notice.
(a) If any motor vehicle is found parked, standing or stopped in
violation of any provision of this article, the vehicle shall be cited for the appropriate
parking violation. The citing officer shall note the vehicle's registration number and any
other information concerning the vehicle which will identify it and, if the driver is not
present, shall conspicuously affix to the vehicle a notice of the parking violation.
(b) The form of the notice of the parking violation shall contain the
following information:
(1) A statement that the notice represents a determination that a
parking violation has been committed by the owner of the
vehicle and that the determination shall be final unless
contested as provided in Section 110-184 of the Paducah
Code of Ordinances;
(2) A statement that a parking violation may result in
impoundment of the vehicle for which the owner may be
liable for a fine and towing, handling and storage charges
or fees;
(3) A statement of the specific parking violation for which the
citation was issued;
(4) A statement of the monetary penalty established for the
parking violation, as described below_
Parking Fine Parking Violation
$15
Overtime
$25
No Parking Zone
50
Fire Hydrant
$75
Handicapped
$25
Fire Lane
25
Other
25
Disabled/Abandoned
25
A ley
$25
Driveway
$25
Wrong Side
$25
Parking Double
(5)
And. a A statement of the options for responding to the
notice and the procedures necessary to exercise these
options.
CSECTION
2.
That Section 110-184, Challenges to Validity of Parking
Violation Notice, of Chapter
110, Traffic and Vehicles, of the Code of Ordinances is
hereby amended to read as follows:
Section 110-184. Challenges to Validity of Parking Violation Notice.
(a) Any person who receives notice of a parking violation shall
respond to such notice as provided in this section within seven days of the date of the
449
notice, by paying the fine set forth in the notice, requesting in writing the Chief of Police
to agree to void or amend the notice, or requesting a hearing, as provided herein.
(b) If the owner of a vehicle cited for a parking violation has not
responded to the notice within seven days, a second notice shall be sent to the registered
owner by certified mail. Such notice shall state that if a hearing is not requested within
seven days of the date of the second notice, the owner shall be deemed to have waived his
right to a hearing and the determination that a violation was committed shall be
considered final. The registered owner of the vehicle at the time the violation occurred
shall be liable for all fines, fees and penalties.
(c) If the owner of the vehicle cited for a parking violation requests a
hearing before the Hearing Board in writing, such hearing shall be held no later than 14
days from the date of receipt of the request, unless an extension is requested by the owner
of the vehicle, not to exceed 14 days. The owner of the vehicle shall be notified no less
than seven days prior to the date of the hearing of the date, time, and place. Failure to
appear at the hearing will be deemed a waiver of the person's right to a hearing.
(d) At the hearing, the Hearing Board may consider the parking
citation and any other written report made under oath by the officer who issued the
citation in lieu of an officer's personal appearance at the hearing. After consideration of
the evidence, the Hearing Board shall determine whether a violation was committed.
Where it has not been established that the violation was committed, an order dismissing
the citation shall be entered. Where it has been established that a violation was
committed, the Board shall uphold the citation and order the owner to pay the citation
within seven days. A $25 administrative hearing fee will be added to the amount of the
original fine if the Board upholds the citation A copy of such order shall be furnished to
the owner. If the fine amount plus the administrative hearing fee is not received within
seven days of the hearing date a $15 late fee shall be added to the original fine amount
Failure to pay the fine(s) within an additional seven days may result in a summons being
issued in the name of the rep-istered owner of the vehicle requiring the owner to appear in
McCracken County District Court
(e) An appeal from the Hearing Board's determination may be made
to the McCracken District Court within seven days of the Board's determination."
SECTION 3. This ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Chapter 424.
ATTEST:
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, June 28, 2005
Adopted by the Board of Commissioners, July 12, 2005
Recorded by Tammara S. Brock, City Clerk, July 12, 2005
Published by The Paducah Sun, July 18, 2005
\ord\police\chl 10- 183, 184 amend