AN ORDINANCE REPEALING AND REPLACING SECTIONS IN THE CODE OF ORDINANCES TO OUTLINE ENFORCEMENT PROCEDURES, IMPOUNDMENT PROCESS, ENACTMENT OF THE KENTUCKY PARKING CITATION ACT AND PENALTIES FOR VIOLATIONS OF PARKING REGULATIONS. NOW, THEREFORE BE IT ORDAINED BY THE CITY OF DAYTON, CAMPBELL COUNTY, KENTUCKY AS FOLLOWS:
Section IThat sections 72.25, 75.26 and 75.99 Code of Ordinances for the City of Dayton shall are repealed. Section II
That the following sections shall be added Code of Ordinances for the City of Dayton:§ 72.50 LOCAL GOVERNMENT PARKING CITATION ACT ADOPTED BY REFERENCE.
The provisions of the Local Government Parking Citation Act as codified at KRS 82.600 to 82.640 are hereby adopted, incorporated, and made applicable by reference, as authorized in KRS 83A.060(5), within the corporate limits of this City.
§ 72.51 FALSE PERSONATION.
It is unlawful for any person charged with violating any of the provisions of this title relating to traffic to present a citation tag under a name other than his or her correct and true name.
§ 72.52 PARKING TICKETS; PAYMENT OF FINE.
(A) The Chief of Police is authorized and directed to supply officers with parking tickets, for the purpose of giving notice to persons violating any provisions of this title or other laws or ordinances affecting the use of streets. The notice may be given by delivering such ticket to the violator, or by affixing it to the vehicle by means of which the violation occurred. The parking ticket shall direct the offender when and where to appear to present the ticket for payment.
(B) In the event the offender desires to contest the parking ticket, the procedure as outlined by KRS 82.620 et. seq. shall be followed.
(C) Nothing in this section shall be construed to abridge the power of a police officer to arrest any violator and take him or her into custody for traffic violations where the penalty for its violation may result in incarceration upon conviction by the District Court.
§ 72.53 OWNER’S RESPONSIBILITY.
The violation of any section or provision of this title by means of a motor vehicle shall be prima facie evidence that the violation was committed by or with the authority or permission of the owner of the vehicle.
§ 72.54 IMPOUNDMENT OR IMMOBILIZATION OF VEHICLES.
(A) Any police officer may impound or immobilize any vehicle parked, stopped or standing upon a street or public way in violation of any of the provisions of this chapter or Kentucky Revised Statute prohibiting parking, stopping or standing in the location, manner or at the time the vehicle is cited, or if such vehicle has any currently outstanding delinquent parking tickets, or for any other lawful reason. Any person desiring to redeem any such impounded or immobilized vehicle, in addition to the fines levied, including payment of all outstanding fines levied for any parking or traffic offense, shall also be liable for a fine and towing, handling and storage charges which are reasonable. An impounded vehicle shall be released only upon proof of ownership or right to possession.
(B) Any owner of an impounded motor vehicle shall have the right to request a hearing to determine the validity of such impoundment under the terms and conditions as set forth in KRS 82.625.
§ 72.55 DISPOSAL OF IMPOUNDED VEHICLES.
(A) If within ten (10) business days of impoundment, any motor vehicle so impounded has not been claimed or a hearing has not been requested to determine the validity of such impoundment pursuant to KRS 82.625, notice shall be mailed by certified mail to the registered owner, if known, and lienholders of record, if any, affording the parties the right within ten (10) days from the date of notice to claim the vehicle or request a hearing pursuant to KRS 82.625. The notice shall state that, if no hearing is requested, the vehicle shall be deemed abandoned unless the charges thereon are paid within forty-five (45) days of receipt of notice.
(B) After forty-five (45) days from the date of notice required by subsection (A) of this section, an impounded motor vehicle shall be deemed abandoned and the vehicle may be disposed of as provided by state statute.
(C) If the vehicle is judged suitable for use, the City may obtain a certificate of registration and ownership from the County Clerk, pursuant to KRS 186.020, and either use the vehicle for governmental purposes or sell the vehicle at public auction to the highest bidder. If the vehicle is not suitable for use, it may be sold for its scrap or junk value.
(D) The City shall possess a lien on a motor vehicle impounded pursuant to KRS 82.625 for all fines, penalties and towing, handling and storage charges imposed thereon. The lien shall be superior to and have priority over all other liens thereon.
§ 72.56 PARKING CITATIONS ENFORCEMENT HEARING BOARD.
All contested parking citations and impoundments shall be heard by the Code Enforcement Board who is empowered to conduct such hearings pursuant to KRS 82.605 to 82.640.
§ 72.99 PENALTY.
(A) The owner of any motor vehicle or other mobile unit who violates § 72.04(A)(8) shall be subject to a civil offense with a civil fine of $25.00. Unless paid or appealed within seven (7) days, said fine shall be increased to $50.00.
(B) The owner of any motor vehicle or other mobile unit who violates § 72.06 shall be subject to a civil offense with a civil fine of $10.00. Unless paid or appealed within seven (7) days, said fine shall be increased to $15.00.
(C) The owner of any motor vehicle or other mobile unit who violates any other provisions of this chapter or chapter 75 shall be subject to a civil offense with a civil fine of $20.00. Unless paid or appealed within seven (7) days, said fine shall be increased to $40.00.
Section IIIThis ordinance shall be in full force and effect from and after its adoption, approval and publication as is required by law.
PASSED by City Council of the City of Dayton, Campbell County, Kentucky assembled in regular session.
First Reading: May 2, 2017
Second Reading: June 6, 2017