Columbus, Georgia

AN ORDINANCE



No.



An Ordinance amending Chapter 20 of the Columbus Code by adding a new Article

20 that provides for vehicle immobilization, impoundment and sale when parking

tickets are unpaid; and for other purposes.



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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 20 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 three (3) or more outstanding, unpaid,

overdue parking tickets, the latest of which has been unpaid for a period of at

least thirty (30) 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 article

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 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

said numbers are 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 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 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

made pursuant to this article are satisfied. Proposed further procedures may

be suspended if a request for a hearing is filed with the Columbus Recorder's

Court pursuant to Section 20-20.4 within such time period.

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 (7) 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 Recorder's 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.

(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 vehicle resulting from

unauthorized attempts to free or remove the vehicle.

(f) 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; or

(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; or

(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; or



(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; or

(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 Recorder's 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 hearing 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 or impoundment of the vehicle is invalid or unjustified. The

Recorder shall determine whether the immobilization or impoundment is 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

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

administrative fee have already been paid, the Recorder shall direct that all

such monies be refunded to whomever paid such monies.

(c) If the Recorder finds that the immobilization 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 the 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 caused by removal of a

vehicle or for any towing or storage fees or charges.

Section 20-20.7. Sale of Unclaimed Vehicle.

(a) If a vehicle is towed and impounded, then the Director of METRA shall send

notice of the impoundment and intent to sell by registered mail to the legal

owner, when such owner is ascertainable, and to the registered lien holder.

Prior to such sale, the Director of METRA 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.

(b) The Traffic Incident Management Service Provider (hereinafter referred to

as ?TIMS?), 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 and that have been in storage thirty (30) days or

longer and are subject to be sold. This list shall include the year, make,

model, serial number and tag number for each such vehicle. 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.

(c) Within seven (7) days after disposal, the TIMS provider shall furnish the

Finance Director with a print out of the results of the disposition, including

the date, vehicle description, purchaser, amount sold, and authorized charges

for each vehicle. 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 Periods.

The Columbus Council may authorize by resolution amnesty periods during

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

initial face value of the tickets.



SECTION 2.



All ordinances or 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 ____________________, 2004; introduced a second time at a

regular meeting of said Council held on the ______ day of

_______________________, 2004, 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