Sponsor(s): Department of Public Works
Attestation of Adoption: ______
Phillip Peterson E.I.
Public Works Engineer, Technical Services
It is hereby Ordained by the Public Works Commission of the City of Burlington as follows:
That Chapter 20, Motor Vehicles and Traffic, Article III, Parking, Stopping and Standing, of the Code of Ordinances of the City of Burlington is hereby amended to read as follows:
Chapter 20. MOTOR VEHICLES AND TRAFFIC
Articles I-II. As written.
Article III. Parking, Stopping and Standing
Division 1. Generally
20-53-20-66. As written.
20-67. Waiver of issuance of process in a trial; voluntary payment of penalty; appeal.
(a) The owner or operator of a vehicle who has violated any ordinance regulating metered parking or nonmetered parking in the city must either pay the waiver fee or appeal the ticket within thirty (30) days of the date of the offense.
(b) Any person who has violated any ordinance regarding parking in the city may within thirty (30) days from the date of such violation waive in writing the issuance of any process in a trial by jury or hearing and voluntarily pay to the police department of the city the penalty prescribed in Section 20-66. Payments may be made by cash, check, money order, credit card or online payment.
(c) Any person whose vehicle has been ticketed, other than for a first violation of Section 20-66(a) or 20-66(b)(2) in a twelve-month period, may appeal the propriety and/or legality of the ticket by submitting to the city grand juror in writing within thirty (30) days a short and plain statement of his or her objections. The city grand juror shall review the objections and notify the appellant of his/her findings in writing. Any appeal of a first violation of Section 20-66(a) or 20-66(b)(2) in a twelve-month period shall be made pursuant to the procedure outlined in Section 20-80.
(d) If the city grand juror denies the appeal in whole or in part, then the appellant may seek review by arranging for a court hearing on the alleged violation within thirty (30) days of the date the appeal was denied.
20-68-20-70. As written.
Division 2. Removal of Unlawfully Parked Vehicles
20-71-20-78. As written.
20-79. Towing and storage of vehicles for nonpayment.
(a) Any motor vehicle parked in violation of city ordinance
at any time upon any public highway of the city or at the Burlington International Airport, including such ways, streets, alleys, lanes or other places as may be open to the public, the owner of which has accumulated unpaid parking violations totaling two-hundred seventy-five dollars ($275.00) or more, not including the amount attributable to the present violation, may be removed and stored pursuant to this division. In order to reclaim the impounded vehicle, the owner shall pay all charges for all outstanding violations such that the total amount owed in fines and fees pursuant to ordinance violations is reduced to less than $275, all outstanding removal charges previously assessed and the charges imposed by this division for such removal and storage or until the requirements of Section 20-73(b)(1) have been met. Fines shall not be avoided by the transference of title or registration, or the purchasing of a different vehicle.
(b) Notice to owner. Notice to the owner of an impounded vehicle shall be provided as set forth in Section 20-74(c).
Reserved. Limited Violation Forgiveness.
(a) Within 30 days of a first violation in a twelve-month period, any person whose vehicle has been ticketed pursuant to Section 20-66(a) or 20-66(b)(2) may appeal such violation by providing a written attestation to the Parking Services Manager that such violation is their first within the preceding twelve-month period.
(b)Upon confirming that the violation on appeal is for a violation of Section 20-66(a) or 20-66(b)(2) and the first for the appellant within the preceding twelve-months, the Parking Services Manager or his or her representative shall administratively void the violation.
(c)If upon review as outlined in (b), the Parking Services Manager or his or her representative determines the violation is not eligible for administrative voiding, the appeal shall be forwarded to the city grand juror and shall be processed in accordance with the procedure outlined in Section 20-67(c).
Division 3. Parking Meters. As written.
Division 4. City Owned or Leased Lots. As written.
Articles IV-IV. As written.
* Material stricken out deleted.
** Material underlined added.