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Kirksville |
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Code of Ordinances |
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Chapter 15. MOTOR VEHICLES AND TRAFFIC |
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Article VII. STOPPING, STANDING AND PARKING |
§ 15-357. Immobilization of certain vehicles.
The finance director or designee (s) may authorize to be immobilized, by the use of wheel locks, any vehicle for which there are three (3) or more outstanding, unpaid and overdue parking tickets issued by the city which tickets have remained unpaid for a period of thirty (30) days.
(1)
Once a vehicle has met the criteria for placement of a wheel lock as prescribed in this section, there shall be affixed to the vehicle a warning notice informing the owner or operator of the vehicle that said vehicle is subject to placement of a wheel lock, if all civil penalties for unpaid and overdue parking tickets are not paid within twenty-four (24) hours of the warning notice. Actual receipt of the warning notice by the owner or operator of the vehicle is not a prerequisite to the use of the procedures herein provided for.
(2)
If a wheel lock is attached to a vehicle, a notice shall be affixed to the windshield or any part of the vehicle so as to be readily visible. The notice shall warn that the vehicle has been immobilized and that any attempt to move the vehicle will result in damage thereto. The city shall not be responsible for any damage to an immobilized vehicle resulting from unauthorized attempts to free or move the vehicle.
(3)
An immobilization fee of twenty-five dollars ($25.00) shall be charged for the removal of the wheel lock. The notice shall include the total amount of civil penalties due for the overdue, unpaid parking tickets, and the fifty dollar ($50.00) immobilization fee to be charged. The notice shall also list the address and telephone number of the city offices to be contacted to pay the charges and to have the wheel lock removed.
(4)
Upon payment of all civil penalties for unpaid and overdue parking tickets, and all other applicable charges authorized by this section including immobilization, the vehicle shall be released to the owner or any other person entitled to claim possession of the vehicle.
(5)
The registered owner or person entitled to possession of any vehicle which has been immobilized pursuant to this article may submit a written request for a hearing to the city manager or designee by mail within seven (7) days from the receipt of the notice. If a request for a hearing is not made within the allotted time, the right to a hearing shall have been waived. If a hearing is requested, such hearing shall be commenced within seven (7) days of receipt by the city manager or designee of the request for such hearing. Thereafter, an informal hearing will be conducted by the city manager or designee at a time and place designated by the city manager or designee.
(6)
For the purpose of determining whether an illegally parked vehicle has been issued three (3) or more overdue parking tickets which have remained unpaid for a period of thirty (30) days, it shall be sufficient if the license plate number and/or the vehicle identification number (VIN) of the illegally parked vehicle and the license plate and/or VIN of the vehicle appearing on the tickets are the same.
(7)
It shall be unlawful for any unauthorized person, firm or corporation to remove from any vehicle a wheel lock placed thereon pursuant to this article without all civil penalties and applicable charges having first been paid. Unauthorized removal, or damage, may subject the violator to additional criminal penalties beyond this section.
(Ord. No. 11835, § VIII, 4-14-2008; Ord. No. 12127, § 3, 9-15-2014; Ord. No. 12196, § III, 2-1-2016)