§ 154-778. Immobilization for unpaid parking fines and penalties; impoundment; procedure for release; hearing.

(a)

A vehicle against which three or more parking citations have been issued shall be immediately immobilized, or towed and impounded, or both, by any police officer or other person duly authorized where, for at least three parking citations issued to that vehicle, the vehicle owner:

(1)

Having admitted liability for a parking offense, has failed to pay the fines and penalties assessed by the parking adjudication bureau; or,

(2)

Having been found liable for the parking offense, has failed to pay the fines and penalties assessed by the parking adjudication bureau; or

(3)

Has failed to contest or pay the fines/penalties and tow fee for a tow-related citation for which a ROR bond was posted.

(b)

Such vehicle shall be surrendered or released only to the duly registered owner of such vehicle or his agent thereof upon:

(1)

Payment of all outstanding fines and penalties assessed by the parking adjudication bureau recorded against such vehicle plus any towing, immobilization or storage fees; or

(2)

Such person depositing a cash or surety bond in the amount of all outstanding fines and penalties assessed by the parking adjudication bureau recorded against such vehicle plus any towing, immobilization or storage fees.

(c)

If a vehicle has been immobilized by means of a "self releasing boot" for unpaid parking fines and penalties as provided in subsection (a), the motorist will be allowed to remove the boot immediately upon payment of all outstanding fines and penalties due the city. The motorist must pay the balance of all unpaid parking fines along with the boot fee prior to receiving a code to unlock the boot. Any motorist who may need or desires assistance with removal of the "self releasing boot" may contact the immobilization office of the department of public works for assistance or to have the immobilization device removed.

Should the motorist choose to remove the boot, after receipt of the code to unlock the boot, the motorist will have 24 hours (excluding weekends and holidays) to return the boot to the immobilization office of the department of streets. If the boot has not been returned within 24 hours, the vehicle owner will be assessed a fine of $25.00 per day up to a maximum fine of $500.00.

(d)

If the person whose vehicle has been immobilized or impounded deposits a bond as provided in subsection (b)(2), such person shall be issued a notice to appear for a hearing. The scope of the hearing provided under this section shall be limited to the determination as to whether the vehicle immobilized or booted belongs to the owner or his agent who failed to appear at a hearing when required to do so or, having admitted liability for a parking offense, has failed to pay the fines and penalties assessed by the parking adjudication bureau, or, having been found liable for the parking offense has failed to pay the fines and penalties assessed by the parking adjudication bureau. Any person whose vehicle has been impounded or immobilized under the provisions of this section and desires an expedited hearing shall be afforded a hearing within three business days of his written request therefor.

(e)

If a vehicle is immobilized for unpaid parking fines and penalties as provided in subsection (a), an immobilization fee as set forth in section 154-777 shall be assessed. If such fee is deposited in the form of a cash bond and the responsible person is found not liable for all parking fines and penalties for which his vehicle was immobilized, such bond will be returned to the depositor or his agent.

(f)

If the vehicle impounded has not been reclaimed within 24 hours of the time of impoundment, the department of police shall notify the vehicle's last owner of record (as determined by the license tags thereof) of the place of impoundment of the vehicle.

(g)

If a person whose vehicle has been impounded or immobilized deposits a bond as provided in subsection (b)(2), such a bond will be subject to forfeiture if he fails to pay fines and/or penalties assessed by the parking adjudication bureau within six months after assessment.

(Code 1956, § 38-286.71; M.C.S., Ord. No. 21356, § I, 12-1-03; M.C.S., Ord. No. 21358, § 1, 12-1-03; M.C.S., Ord. No. 23144, § 1, 7-10-08; M.C.S., Ord. No. 24044, § 1, 7-15-10; M.C.S., Ord. No. 27740, § 1, 4-19-18)