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HomeMy WebLinkAbout2001-2532 - Ordinance - 11/15/2001ORDINANCE NO. 2532 AN ORDINANCE AMENDING CHAPTER 10, "TRAFFIC CODE", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND AN PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 10, "Traffic Code", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in fiall force and effect PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed liable for a civil offense and/or guilty of a Class C misdemeanor, and, upon a finding of liability thereof, shall be punished by a civil penalty of not less than Twenty Dollars ($20.00) nor more than Two Thousand Dollars ($2,000 00), or upon conviction thereof' of a violation of Section 4(C)(9), shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00) Said Ordinance becomes effective January 1, 2002, and at least ten (10) days after its publication in the newspaper, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 15th day of l~ovember ., 2001. APPROVED. ATTEST: C'6nn"ie H6oks; Ci{'~ Se~,r6tary LYNN M~ciLIZIANEY, Mayor as' APPROVED: City Attorney O/group.,legal'ordmance'chap l O-sec4 parking I 1-01 final doc Ordinance No. 2.532 Page 2 EXHIBIT "A" That Chapter 10, "Traffic Code", Section 4, "Parking", of the Code of Ordinances of the City of College Station, Texas, is hereby amended as set out hereafter to read as follows: "SECTION 4: ADMINISTRATIVE ADJUDICATION OF PARKING VIOLATIONS A. PARKING VIOLATIONS MADE CIVIL OFFENSES (1) A violation of a provision of this code governing the stopping, standing, or parking ora vehicle is designated as a civil offense. (2) A person charged with violating a standing, parking, or stopping ordinance under this code of ordinances is entitled to an administrative adjudication hearing. Such hearing shall take place no later than ten (10) business days following the date upon which a citation is issued. B. CITY MANAGER OR HIS DESIGNEE (1) The City Manager or His Designee shall implement and enforce the provisions of this section and establish procedures consistent with this section necessary to discharge the duty or to effect the policy of this section. C. HEARING OFFICER; POWERS, DUTIES AND FUNCTIONS. (1) One or more Hearing Officer shall be appointed by the City Manager or His Designee to administratively adjudicate all parking violations for which a parking citation is issued (a) A hearing officer shall have the authority to: (i) Administer oaths; (ii) Accept admissions and hear and determine contests of parking violations under this code; (iii) Issue orders enforceable by the Municipal Court compelling the attendance of witnesses and the production of documents (iv) Issue orders of immobilization or impoundment of vehicles; 0 'groul~?egal/ordmanc,o'chap I O- ~ec4 pat krug 11-01 final doc Ordinance No. 2532 Page 3 (2) (v) Set conditions for the release of vehicles immobilized or impounded under this chapter; and (vi) Dismiss parking citations or cases that the hearing officer determines to be unenforceable. Parking Citations (a) The administrative adjudication process is initiated by the issuance of a parking citation by a city Parking Enforcement Officer, Code Enforcement Officer or College Station Peace Officer A parking citation serves as the summons and notice of administrative adjudication hearing under this section. (b) A parking citation shall include the following information: (i) The nature, date, time, and location of the alleged parking violation; (ii) A statement that a person charged with a civil offense under the city's code of ordinances is entitled to an administrative adjudication hearing to determine liability tbr the charged offense and that such right to a hearing shall be exercised by mail or by appearing before a hearing officer within (10) business days from the date of the citation. (iii) The state license plate number of the vehicle, or if the license plate number is not visible or legible, the vehicle identification number or the state inspection tag number. (iv) The make of the vehicle; (v) A notification that failure to answer the citation or to appear at the administrative adjudication hearing is considered an admission of liability for the parking violation and will result in the assessment of civil fines, costs, and fees. (c) The original or a copy of a parking citation, including an electronic copy is a governmental record kept in the ordinary course of city business and is rebuttable proof of the facts it contains. O/groupqegal/ordmanc, 'chap l O- ~ec 4 parking 11-01 finaLdoc Ordinance No. 2532 Page 4 (3) (d) A parking citation must be served personally on the operator of a vehicle who is present at the time of service. If the operator is not present, or cannot be personally served, the parking citation may be served by affixing the parking citation to the vehicle in a conspicuous place. (e) An operator ora vehicle who is not the vehicle's owner, but who uses or operates the vehicle with tile express or implied permission of the owner, is considered the owner's agent authorized to receive a parking citation in accordance with this section (0 The original and all copies of a parking citation are prima facie evidence that the parking citation was issued and that service was made in accordance with this section Liability of the Vehicle Owner and Operator; Presumption of Liability, Presumption of Ownership. (a) Except as provided in Subsection (b), the registered owner and the operator of a vehicle, when not tile same, are both liable to the city for a parking violation charge, except that the registered owner is not liable if the owner can prove that the vehicle was operated without the owner's express or implied consent Payment of the civil fine, costs, and fees by either the owner or operator is a final disposition of the charged violation(s). (b) A vehicle owner who is engaged in the business of renting or leasing vehicles under written rental or leasing agreements is not liable for civil fines, costs, and fees imposed by the city on a rented or leased vehicle if, within thirty (30) days after receiving written notice of a parking violation, the owner provides an affidavit stating the name, address, and driver's license number and state of issuance of a person in possession of the vehicle at the time the parking citation was issued, or a copy of the lease or rental agreement in effect at the time the parking citation was issued. (c) A lessor of a vehicle who fails to comply with Subsection (b) is liable for civil fines, costs, and fees (d) It is defense to a charge of a parking violation that at the time of the violation, the illegally parked vehicle was reported to a police department as having been stolen before the time of the violation and had not yet been recovered O/group/legal'ordmanca chaplO, sec4 patkmg / l-Ol final doc Ordinance No. 2532 Page 5 e (e) In a hearing to administratively adjudicate a parking citation or an appeal hearing therefrom, it is presumed that the registered owner of the vehicle for which the citation was issued is the person who stopped, stood, or parked the vehicle at the time and place of the parking violation. A computer-generated record of the registration of the vehicle with the Texas Department of Transportation showing the name of the person to whom state license plates were issued is prima facie evidence of the ownership of the vehicle. Hearings (a) At a hearing before a hearing officer, the defendant may either admit, admit with explanation, or deny the alleged violation. (b) The issuing parking enforcement officer or peace officer is not required to attend the hearing. (c) The City's prosecuting attorney is not required to attend the hearing. However, if the defendant is represented by legal counsel, the hearing officer may notify the prosecuting attorney, who shall have the right to appear on behalf of the City at the hearing (d) No formal or sworn complaint shall be necessary The hearing officer shall base their decision upon an examination of the contents of the citation and the evidence related to ownership of the vehicle in question, the presumptions and other prima facie evidence established by this section and other applicable law, and the evidence and testimony presented by the defendant and the City. If the hearing officer determines by a preponderance of the evidence that the defendant is liable for the violation, the hearing officer shall find the defendant liable. (e) At the conclusion of the hearing, the hearing officer shall issue an order stating whether the defendant is liable for the violation of the parking, standing or stopping ordinance and the amount, if any, of civil fines, costs or fees assessed against the defendant All orders issued by the hearing officer shall be filed with the clerk of the College Station Municipal Court. Ail such orders shall be maintained in a separate index or file by the Municipal Court Clerk. The order may be recorded using computer printouts, microfilm, microfiche or electronic or data processing techniques. O.'groupqegal otdmance chapl O-sec4 parking I 1-01 t~nal doc Ordinance No. 2532 Page 6 0 (g) Failure of a defendant to appear by mail or personal appearance within the aforesaid ten (10) business day period shall be considered an admission of liability for the charged offense. Such defendant shall be liable for the civil fines, costs and fees assessed by order of the hearing officer. Appeal from Hearing (a) A person determined by a hearing officer, to be liable for a parking violation may appeal the determination by filing a petition with the Municipal Court, along with a non-refundable filing fee and any other costs required by law for Municipal Courts not later than thirty (30) calendar days after the hearing officer's order is filed with the Municipal Com-t (b) Upon receipt of an appeal petition, the Municipal Court shall schedule an appeal hearing and notify all parties of the date, time, and location of the hearing. (c) The appeal hearing shall be a de novo review by the Municipal Judge. Based upon the evidence presented at the appeal heating and if the judge determines by a preponderance of the evidence that the Defendant committed the violation, the judge shall find the defendant liable therefore. (d) Service of notice of appeal under this section does not stay the enforcement and collection of any order of a hearing officer, unless the person filing the appeal posts with the Municipal Court an appeal bond in an amount equal to all civil fines, costs and fees assessed by the hearing officer. Enforcement of Order (a) A heating officer's order filed under this section may be enforced by: (i) (ii) (iii) Impounding the vehicle that is the subject of the order; Immobilizing by placing a device that prohibits movement ("boot") on the vehicle that is the subject of the order; or Imposing an additional fine as set out by this section if not paid within the specified time. (b) Provided, however, that no vehicle shall be impounded or immobilized under this section unless. (i) (ii) The person liable under this section has three (3) or more delinquent unpaid citations in a calendar year; and Written notice is mailed to the last known registered owner of the vehicle by Certified Mail - Return Receipt Requested with a ten O/group, legal, ordtnance chapl O-sec4 parking I 1-01 final doc Ordinance No. 2532 Page 7 e (c) (d) (10) day return at least ten (10) business days before the vehicle is impounded or immobilized notifying the registered owner that the vehicle is subject to impoundment or immobilization under this section. Said notice shall also notify the registered owner of their right to submit infommtion to a hearing officer regarding the propriety of impoundment or immobilization. Procedures for Impoundment and/or Immobilization (a) When a vehicle is found parked, whether legally or illegally, at any time upon a public street or public property within the City, and such vehicle has met the criteria for immobilization or impoundment as provided in Subsection 6(b) above, any authorized employee designated by the City Manager, peace officer, or parking enforcement officer for the City, may immobilize the vehicle by the installation on, or attachment to, the vehicle of a device, or boot, designed to prohibit the movement of the vehicle. In the alternative, such vehicle may be towed and impounded. (b) At the time of immobilization, the person executing the immobilization shall attach to the vehicle a written notice on a form provided by the City that includes the following information: (i) (ii) (iii) (iv) Notice that the vehicle has been immobilized pursuant to this section and that attempted movement may cause damage to the vehicle, Instructions as to release of the vehicle; Notice that the owner or operator may request a hearing regarding the immobilization within ten (10) business days following the date of immobilization; and Notice that the vehicle may be towed and impounded if the owner or a person authorized to act on behalf of the owner does not obtain a release of the vehicle within twenty-four (24) hours following the immobilization. Notice that failure to request or appear at a hearing as provided in Subsection 7(b)(iii) above waives any objection to the proposed impoundment or immobilization of the vehicle. In the event that the vehicle is towed and impounded, the owner shall be responsible for payment of applicable fees for towing, impoundment and storage in addition to the fines, costs and fees under this section. O/g~oul~ legabordmance chap l O-.~ec4 parking I 1-01 final doc Ordinance No. 2532 Page 8 (e) This section is to be cumulative of existing law, and nothing herein shall be construed to restrict or limit the right to tow and impound vehicles under other applicable law. Civil Fines, Costs and Fees (a) Civil fines, costs and fees assessed in connection with this section shall be limited to those specified below. (b) If the vehicle owner or operator remits payment no later than the tenth (10a') business day after issuance of the citation, or before the hearing date shown on the citation, the total fine and costs due for the violation is the amount shown on the citation as "EARLY PAYMENT FINE". If payment of the fine is made on or after the eleventh (11tI') business day after issuance of the citation, the owner or operator shall remit the amount shown on the citation under "STANDARD FINE" (c) A payment remitted by mail is considered "remitted" on the post-marked date. (d) The following fines, costs and fees are established by the schedule attached hereto as schedule "A" and incorporated by reference for all purposes. Certain Conduct Unlawful (a) It shall be unlawful for any person, other than a peace officer or employee of the City acting in the course and scope of their duties under this section, to remove or attempt to remove or to tamper in any manner with the immobilization device ("boot") installed on any vehicle pursuant to this section. (b) It shall be unlawful for any person, except under the direction of a peace officer, to tow or move or to cause to be towed or moved, any vehicle on which a boot is then installed pursuant to this section from the place the vehicle was booted (c) It shall be unlawful for any person, other than an officer or employee of the City acting in the course and scope of their duties, or the owner or operator of a booted vehicle, to remove or relocate any notice placed upon a booted vehicle pursuant to this section. O,'group/legaPordmance chap I O. sec4 parking I 1-01/ina/doc SCHEDULE "A" OFFENSE: EARLY PAYMENT/STANDARD PAYMENT SCHEDULE PARK FACING TRAFFIC $23/$33 PARK IN INTERSECTION $58/$68 PARK IN PROHIBITED AREA $53/$63 PARK IN YARD/OR ON LAWN $125/$135 PARK NOT WITHIN 18" OF CURB $23/$33 PARK ON SIDEWALK $23/$33 PARK W/IN 30' OF TRAFFIC CONTROL DEVICE $58/$68 PARK WITHIN 15 FEET OF A FIRE HYDRANT $58/$68 PARK/AT ANGLE UNLAWFUL IN ROAD PARK/BLOCK ACCESS/DISPLAY HANDICAP PLACARD-I sT OFFENSE $53/$63 $302~5350 PARK/BLOCK ACCESS/DISPLAY HANDICAP -2ND OFFENSE PARK/BLOCK ACCESS/DISPLAY HANDICAP - 3~ OFFENSE PARK/BLOCK ACCESS/DISPLAY HANDICAP -4TM OFFENSE $400/$450 $500/$550 $700/$750 PARK/BLOCK ACCESS/DISPLAY HANDICAP -5TM OFFENSE $1,000/$1,050 PARK/ILLEGAL IN PARALLEL PARKING $23/$33 PARK/NOT W/IN 18"-CURB $23/$33 PARK/STAND WIN 20FT OF CROSSWALK $23~533 PARK/STOP IN BIKE LANE $35/$45 PARK/STOP/STAND-PROHIBIT $53/$63 PARK/STOP/STAND-RR TRACK $53/$63 PARK/TRACTOR IN ROADWAY $87/$97 PARKED BLOCKING CROSSWALK/DRIVEWAY/ALLEY $23/$33 PARKING BLOCKING DUMPSTER $55/$65 PARKING IN YARD/OR ON LAWN $125/$135 RESTRICTED, NO PARKING, TIME PARKING $20/$30 SPECIAL EVENT VIOLATION $20/$30 FIRE LANE PARK $138/$148 PARK ON CITY PARK GRASS $20/$30 PARK TRACTOR TRAILER ON CITY RD $67/$77 FEES APPEAL FEE $25 IMMOBILIZATION FEE $50