Columbus, Georgia

AN ORDINANCE



No. ________



An Ordinance adding a new Article 20 that provides for vehicle immobilization,

impoundment and removal.



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NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA HEREBY ORDAINS:



SECTION 1.



Chapter 20 of the Columbus Code is hereby amended by adding a new

Article XX to read as follows:

Section 20-20.1. Notice of Intention to Immobilize Vehicles



Whenever it is determined that a vehicle should be subject to immobilization,

removal or impoundment because there are either three (3) or more outstanding,

unpaid, overdue parking tickets, or (b) $50.00 or more in unpaid parking

tickets, the latest of which has been unpaid for a period of at least fifteen

(15) days, the following procedures shall be employed:



(a) A determination shall be made of the license plate or manufacturer's ID

number or such other information as may be obtained from a reasonable

examination of the vehicle. The name and addresses of the responsible party

shall be then determined from information made available by the motor vehicle

registration or other appropriate licensing authority of the state in which the

vehicle is licensed or such other source(s) as may be reasonably available. A

prima facie presumption of the identity of the responsible party shall be

established from such a determination. If it is determined that the vehicle is

subject to any registered lien, any notice required pursuant to this section

shall be transmitted to the lien holder, but the lien holder shall not be

construed to be a responsible party. Any evidence that the ownership of the

vehicle has changed as reflected on its registration records shall not relieve

the responsible party from responsibility under this article for any violation

occurring prior to such change in ownership.

(b) A written notice shall be transmitted to the responsible party of the

vehicle at the address of the responsible party as determined in accordance

with the procedures in the subsection (a). Notice shall be effected by

certified mail, return receipt to addressee only, or by personal delivery with

a certificate of the date, name, and address to whom delivery was effected or

attempted. Notice to the owner shall constitute notice to the responsible

party if other than the owner, it being the duty of the owner to so advise the

responsible party. A return receipt specifying delivery was refused shall be

deemed to have satisfied the provisions of this section. The written notice

dated when transmitted shall contain the following information:

(1) The license number of the vehicle or the manufacturer's ID number

or if missing such other information to reasonably describe the vehicle.

(2) The name of the registered owner of the vehicle and the responsible

party if different or the registered owner is unknown.

(3) The date and nature of each violation which establishes the grounds for the

proceeding instituted pursuant to this article. A legible copy of each

citation, subpoena or other document providing this information attached to the

notice shall satisfy this requirement provided that the notice states the

number of violations or other identifying information to permit reference to

the attachments.

(4) A statement that violation(s) exist(s), the proceedings or action that may

be taken against the vehicle and/or the responsible party, a short summary of

the title of this ordinance or the Columbus Code section in which the ordinance

is codified and the penalties and -procedures to which the vehicle and/or

responsible party may be subject.

(5) A statement giving notice that the party may avoid further penalties and

procedures if all outstanding unpaid penalties, fines and costs for violations

of the Columbus Code or state statute are paid in full within seven (7)

calendar days of the date of mailing or personal delivery of the notification

are satisfied or proposed further procedures may be suspended if a request for

a hearing is filed with the Columbus Recorders? Court pursuant to Section

20-20.4 within such time.

Section 20-20.2. Immobilization of vehicles.

(a) A parking enforcement officer of METRA may immobilize by the use of

vehicle immobilization equipment any vehicle at the request of the Columbus

Police Department or any vehicle that is parked in a parking enforcement

district as set forth in Columbus Code Section 20-13 if: (1) a notice has been

sent pursuant to Section 20-20.1; (2) seven calendar days have elapsed from

the date the notice was sent; (3) the fines listed therein have not been paid;

and (4) no request for hearing has been filed with Recorders? Court.

(b) When attaching vehicle immobilization equipment to a vehicle, the officer

shall affix notice to the windshield or other part of the vehicle so as to be

readily visible. The notice shall:

(1) Warn that the vehicle has been immobilized and that any attempt to move

the vehicle may result in damage to the vehicle;

(2) State the total amount of civil penalties due for parking tickets that are

overdue and unpaid that are attributable to such vehicle, in addition to an

immobilization fee for the removal of the vehicle immobilization equipment; and

(3) List the address and telephone number to be contacted to pay the charges

to have the vehicle immobilization equipment removed.

(c) If the civil penalties and the immobilization fee are not paid, or

satisfactory arrangements in lieu of payment are not made within twenty-four

hours from the time of the attachment of the vehicle immobilization

equipment, the vehicle may be towed and impounded as provided in Section

20-14.10 through 20-14.12.

(d) Upon payment of all civil penalties, overdue and unpaid parking tickets,

and the immobilization fee, the vehicle immobilization equipment shall be

removed and the vehicle released to the registered owner or any other person

legally entitled to claim possession of the vehicle. The fee may be paid in

the form of a refundable bond pending the outcome of a hearing requested

pursuant to Section 20-20.5.



(e) It shall be unlawful for any unauthorized person to tamper with, damage,

remove, destroy or take the vehicle immobilization equipment placed on a

vehicle pursuant to this section without all civil penalties and application

charges having first been paid, or a bond posted. Columbus shall not be

responsible for any damage to an immobilized illegally parked vehicle

resulting from unauthorized attempts to free or remove the vehicle.

(f) Charges. An immobilization fee of fifty dollars ($50.00) shall be

charged for the removal of the vehicle immobilization equipment.

Section 20-20.3. Responsible Party.

Responsible party shall mean one or more of the following: (a) The

owner of a vehicle as determined in accordance with the records of the title

certifying authority of the state in which the vehicle is titled at the time

of any violation at issue or such other record of ownership as may be

established by credible evidence; or

(b) The operator of a vehicle at the time of any violation at issue; or

(c) The lessee of a vehicle when the parking enforcement official possesses

actual notice of a written lease agreement which identifies the owner and

lessee, with the address of the lessee and credible evidence that the lessee

maintained possession, control or responsibility for the vehicle during the

time any violation at issue occurred;

(d) If the titled owner is a corporation, the responsible party shall be an

officer, director or employee who operates the vehicle in the course of the

corporation's business or to whom the vehicle is generally made available by

the corporation for use or the registered agent of the corporation as

determined by the records of the Corporation Commissioner of the State of

Georgia, provided that the registered agent shall not be personally subject to

any violation or penalty pursuant to this article but may subject the

corporation to its provisions.

(e) For a partnership the responsible party shall be the general partner or

any employee who operates the vehicle in the course of the partnership's

business or to whom the vehicle is generally made available.

(f) If a vehicle is titled in the name of another entity or organization,

the responsible party shall be the natural person(s) who by the principles of

Georgia law would possess ownership or control of the entity or who operates

the vehicle in the course of the entity's business or to whom the vehicle is

generally made available.

(g) If it is determined that the vehicle is subject to any registered lien,

any notice required pursuant to this article shall be transmitted to the lien

holder, but the lien holder shall not be construed to be a responsible party.

Section 20-20.4. Hearing on Immobilization.

The owner(s), responsible party or other persons who reasonably

appear to have an interest in an immobilized vehicle are entitled to request

a hearing in Columbus Recorders? Court to contest the validity of the

immobilization of the vehicle. The hearing shall follow the rules established

in Section 20-20.5.

Section 20-20.5. Request for Hearing on Immobilization or Impoundment.

(a) After a responsible party or owner has received a notice under Section

20-20.1 or after a vehicle has been immobilized or impounded pursuant to this

ordinance, the registered owner(s) and any other person(s) who reasonably

appear to have an interest in the vehicle are entitled to request a hearing to

contest the validity of the immobilization or impoundment of the vehicle.

The request for a hearing must be in writing, signed, dated and will state the

grounds upon which the person requesting the hearing believes the notice,

immobilization or impoundment invalid or unjustified, and such other

information as the Director of METRA may require.

(b) The Recorder shall set and conduct a hearing on the matter within

twenty-one (21) days of receipt of a proper request filed pursuant to this

section, except where a vehicle has not yet been released from impoundment,

in which case the recorder will set and conduct the hearing within seventy-two

(72) hours of receipt of the request, not including Saturdays, Sundays, or

federally sanctioned holidays.

(c) The owner(s) and any other person(s) who have an interest in the vehicle

are only entitled to one haring for each notice or tow of that vehicle. Any

person who fails to appear at the hearing without good cause will not be

entitled to have such hearing rescheduled.

Section 20-20.6. Hearing Procedure.

(a) The hearing shall afford a reasonable opportunity for person(s) to

demonstrate by statements of witnesses and other evidence that the

immobilization and/or impoundment of the vehicle was invalid or unjustified.

The Recorder shall determine whether the immobilization and/or impoundment was

or would be proper and whether the removal, towing, storage, and

administrative fees were or would be properly assessed. The Recorder shall

not have the authority to determine the validity of a parking citation unless

the time for filing a request for a hearing on the parking citation has not

passed, in which case the Recorder has discretion to consolidate the

immobilization/impoundment hearing and the parking citation hearing.

(b) If the Recorder finds that the notice, immobilization, or impoundment of

the vehicle was invalid or unjustified, the Recorder shall direct the immediate

vacation of the notice or release of the vehicle, and the owner(s) or any other

person(s) who have an interest in the vehicle shall not be liable for any tow

and/or storage charges. If the costs of immobilization and /or impoundment and

the administrative fee have already been paid, the hearing officer shall direct

that all such monies be refunded to whomever paid such monies.

(c) If the Recorder finds that the immobilization and/or impoundment of the

vehicle was valid and justified, the Recorder will direct that the vehicle

continue to be held until all tickets, fines, immobilization fees, tow and

storage charges are paid.

(d) The decision of the Recorder shall be the final decision by Columbus

Consolidated Government. Any person aggrieved by the decision may file a

petition for judicial review in a court of competent jurisdiction within thirty

days from the final decision.

(e) Except as otherwise provided in subparagraph (b) above, Columbus shall have

no liability or responsibility for damage that may be for damage that may be

caused by removal of a vehicle for any towing or storage fees or charges.

Section 20-20.7. Sale of Unclaimed Vehicle.

(a) The facilities at which impounded vehicles are stored shall provide to the

finance director, on a regular basis, a list of all unclaimed vehicles that

have been towed under this ordinance that have been in storage fifteen (15)

days or longer and have been appraised at a value of seven hundred fifty

dollars ($750.00) or less, or have been in storage for thirty (30) days or

longer.

(b) The finance director, or designee, will, as soon as convenient, authorize

the sale of such vehicles in accordance with the provisions of such contracts

as authorized by City Council. If there are no such contracts, the finance

director will sell the vehicles at public auction. Prior to such sale, the

finance director shall send notice of the sale by registered mail to the legal

owner when such owner is ascertainable, and shall publish at least once in a

newspaper of general circulation a notice of the sale, describing the vehicle

to be sold and stating where and when the sale will take place.

(c) The proceeds from a sale under this section shall be used to satisfy the

charges for tickets, penalties, booting fees, removal and storage of the

vehicle, and for the reasonable charges or expenses for the notice,

advertisement, and sale of the vehicle. The balance, if any, shall be paid

into the treasury of Columbus and distributed upon request to the owner of the

vehicle.

(d) There shall be no right of redemption from any sale or other disposition

made pursuant to the terms of this section. Neither Columbus, its officials,

agents, or employees shall be liable for failure to deliver such a vehicle to

anyone claiming a right of redemption to a vehicle sold in a manner consistent

with this section.

Section 20-20.8. Amnesty Period

Enforcement of this ordinance shall commence on January 1, 2004. The

Columbus Council may authorize by resolution amnesty periods during which

violators may settle their accounts with the Director of METRA for the face

value of the tickets.

SECTION 2



All ordinances and parts of ordinances in conflict with this ordinance are

hereby repealed.



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Introduced at a regular meeting of the Council of Columbus, Georgia, held on

the _______ day of ____________________, 20__; introduced a second time at a

regular meeting of said Council held on the ______ day of

_______________________, 2003, and adopted at said meeting by the affirmative

vote of ________ members of said Council.





Councilor Allen voting __________.

Councilor Anthony voting __________.

Councilor Davis voting __________.

Councilor Henderson voting __________.

Councilor Hunter voting __________.

Councilor McDaniel voting __________.

Councilor Rodgers voting __________.

Councilor Suber voting __________.

Councilor Pugh voting __________.

Councilor Woodson voting __________.











_______________________________ ______________________________

TINY B. WASHINGTON ROBERT S. POYDASHEFF

CLERK MAYOR