HomeMy WebLinkAbout2002-12-6600422
ORDINANCE NO. 2002-12-6600
AN ORDINANCE AMENDING AND CREATING NEW
SECTIONS IN CHAPTER 110, "TRAFFIC AND
VEHICLES", ARTICLE III, "PARKING
REGULATIONS", DIVISION 1 "GENERALLY" OF
THE CODE OF ORDINANCES OF THE CITY OF
PADUCAH, PERTAINING TO TICKETING VEHICLES
FOR PARKING VIOLATIONS WITHIN THE CITY OF
PADUCAH
WHEREAS, it is the intent of the Board of Commissioners to comply with the
provisions of the Kentucky Revised Statutes as it relates to ticketing vehicles for parking
violations; and
WHEREAS, as such, it is the intent of the Board of Commissioners to enact
an ordinance providing for sufficient notice and a hearing procedure to those individuals who
have received a parking ticket within the City of Paducah.
KENTUCKY:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH,
SECTION 1. A New Section. A new section shall be created in Chapter 110,
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Article III, Division 1, Generally, Section 182 of the Paducah Code of Ordinances as follows:
I
Hearing Board
(a) There is hereby established a Hearing Board to serve without
compensation consisting of a s pervisor in the Police Department, to be appointed by the
Chief of Police and two (2) graduates of the Citizens Police Academy, each to be appointed
jointly by the Chief of Police and the City Manager.
(b) It shall be the duty_of the Hearing Board to conduct hearings pursuant to
KRS 82.605 to 82.640, with respect to parking violations and impoundment of vehicles, as
more particularly set forth in this Article.
(cry requests for hearings with the Hearing Board shall be sent to: Hearing
Board Paducah Police Department 1400 Broadway Paducah, Kentucky 42001.
SECTION 2. A New Section. A new section shall be created in Chapter 110,
Article III, Division 1, Generally, Section 183 of the Paducah Code of Ordinances as follows:
Parking Violation Notice
(a) If any motor vehicle is found parked standingor r stopped in violation of
any provision of this Article the vehicle shall be cited for the appropriate parking violation.
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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
information:
(b) The form of the notice of the parking violation shall contain the following
(1) A statement that the notice represents a determination that a J
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,
was issued:
(3) A statement of the specific parking violation for which the citation
(4) A statement of the monetM penalty established for the parking
violation: and
(5) A statement of the options for responding to the notice and the
procedures necessary to exercise these options.
SECTION 3. A New Section. A new section shall be created in Chapter 110,
Article III, Division 1, Generally, Section 184 of the`Paducah Code of Ordinances as follows:
Challenges to Validity of Parking Violation Notice
(a) AM 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 notice by paving
the fine set forth in the notice, requesting the Chief of Police to agree to void or amend the
notice, or requesting a hearing, as provided herein.
(h) 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
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(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 a 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 copy of such order shall be
furnished to the owner.
(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 4. This ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Chapter 424.
WILLIAMPAX—TON, YOR
ATTEST:
J j;/ �� '8
City Clerk
Introduced by the Board of Commissioners, November 19, 2002
Adopted by the Board of Commissioners, December 17, 2002
Recorded by City Clerk, December 17, 2002
Published by The Paducah Sun, h�r e,14 Ag -,e ;z Z e?6m
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