Chapter 7.10
STOPPING, STANDING AND PARKING
Sections:
7.10.010 City traffic authority.
7.10.020 Limited time parking – Parking permits.
7.10.030 Parking in City parking lots.
7.10.040 Vehicle length limitation.
7.10.060 Vehicle impoundment procedure.
7.10.080 Form of demand for hearing – Hearing officer.
7.10.090 Removal of impoundment notice or impounded vehicle prohibited.
7.10.010 City traffic authority.
In this chapter, the term “City traffic authority” means the Chief of Police, and in the Homer harbor, the Harbormaster. [Ord. 15-42 § 4, 2015].
7.10.020 Limited time parking – Parking permits.
a. The City traffic authority may by placing official traffic control devices designate parking time limits or prohibit stopping, standing or parking on those parts of a street where the City traffic authority has determined that demand for parking, traffic congestion or public safety warrants the designation or prohibition. No person may stop, stand, or park a vehicle in violation of such an official traffic control device.
b. The City traffic authority may by placing official traffic control devices establish parking by permit only limits on those parts of a street where the City traffic authority has determined that demand for parking warrants the designation. No person may stop, stand, or park a vehicle in violation of such an official traffic control device.
c. Notwithstanding subsections (a) and (b) of this section, the City traffic authority may issue permits to occupy parking spaces on a street for a duration that the applicant demonstrates is necessary to accommodate a temporary activity such as a special event, construction project, or loading or unloading. [Ord. 15-42 § 4, 2015].
7.10.030 Parking in City parking lots.
a. The City traffic authority may:
1. Establish time limits for parking in City parking lots;
2. Designate City parking lots for paid parking, and establish fees for paid parking in City parking lots; and
3. Designate City parking lots for permit parking, and the fees and qualifications for obtaining a permit.
b. The City shall notify the public of time limits in City parking lots, fees required to park in City parking lots, and permit requirements for parking in City parking lots by the placement of official traffic control devices. No person may stop, stand, or park a vehicle in violation of such an official traffic control device.
c. No person may park a vehicle, boat or other conveyance in a City parking lot for a period exceeding 24 hours while displaying a sign offering the vehicle, boat or other conveyance for sale.
d. Notwithstanding subsection (b) of this section, the City traffic authority may issue permits to occupy parking spaces in a City parking lot for a duration that the applicant demonstrates is necessary to accommodate a temporary activity such as a special event, construction project, or loading or unloading. [Ord. 15-42 § 4, 2015].
7.10.040 Vehicle length limitation.
The City traffic authority may by placing official traffic control devices establish the maximum length of a vehicle or combination of vehicles that may stop, stand or park at any place on a street or City parking lot. No person may stop, stand, or park a vehicle in violation of such an official traffic control device. [Ord. 15-42 § 4, 2015].
7.10.050 Separate offense.
Each day in which a violation of HCC 7.10.020, 7.10.030 or 7.10.040 continues shall constitute a separate offense. [Ord. 15-42 § 4, 2015].
7.10.060 Vehicle impoundment procedure.
a. The procedure set forth in this section through HCC 7.10.080 shall apply whenever a motor vehicle is subject to impoundment (including booting) and removal pursuant to motor vehicle, traffic or parking codes or laws, including without limitation unlawful stopping, standing, or parking under any provisions of the City Code or regulations adopted thereunder.
b. An impoundment is effective when a written order of impoundment is placed on a vehicle. An order of impoundment shall identify the vehicle, state the reasons for impoundment, and be dated and signed by a police officer or an authorized peace officer. An impounded vehicle may be immediately towed and removed to a safe place upon the order of a police officer or peace officer.
c. Upon impoundment, a notice of procedure options shall be placed on the vehicle, and within six hours a copy shall be personally delivered or placed in the U.S. mail addressed to the owner of the vehicle. The notice shall state substantially as follows:
ATTENTION: Your vehicle has been impounded by the City of Homer. As the owner of an impounded vehicle, you have the following options:
(A) You may recover possession of the vehicle by paying to the person having custody of the vehicle the towing and storage fees that may have accrued.
(B) If you take issue with the impoundment of your vehicle, you may:
(i) Recover possession of the vehicle by paying the towing and storage fees that have accrued to such person and claim a refund by filing a demand (on a form provided by the city) for an administrative hearing before a hearing officer as to whether there was a sufficient factual and legal basis for impounding your vehicle; or
(ii) Demand (on a form provided by the city) an administrative hearing before a hearing officer as to whether there was a sufficient factual and legal basis for impounding your vehicle.
To be entitled to such a hearing, your written demand must be filed with the City Clerk (a) within 5 workdays after you learned that your vehicle was impounded or was missing; or (b) within 15 workdays after the city mailed notice to the vehicle’s registered owner that the vehicle had been impounded; whichever occurs first. If you fail to make a timely request for a hearing you will lose all right to challenge the sufficiency of the basis for impoundment.
If timely requested, the hearing must be held within 48 hours after the filing of your written demand, not including Saturdays, Sundays, and city holidays. A determination that there was an insufficient factual or legal basis for impounding your vehicle will require the release of the vehicle to you without your having to pay the towing and storage fees, or will entitle you to a refund if you have already paid the fees.
A hearing may be demanded by filing the appropriate form with the City Clerk at 491 E. Pioneer Avenue, Homer between 8:00 a.m. and 5:00 p.m. on any day other than Saturday, Sunday and city holidays.
[Ord. 15-42 § 4, 2015].
7.10.070 Impoundment hearing.
a. If demand is timely made, the owner or the person entitled to possession of a vehicle is entitled to an administrative hearing to determine whether there was a sufficient factual and legal basis for impoundment of the vehicle. To be entitled to such a hearing a written demand must be filed with the City Clerk (1) within five workdays after the owner or person entitled to possession learned that the vehicle was impounded or was missing; or (2) within 15 workdays after the City delivered or mailed the notice required by HCC 7.10.060(c) to the vehicle’s registered owner; whichever occurs first. If no timely request for a hearing is made, the factual and legal basis for impoundment will be conclusively deemed sufficient for all purposes.
b. The hearing will be held within 48 hours after the filing of a timely written demand, not including Saturdays, Sundays, and City holidays.
c. The hearing officer shall not be bound by formal rules of evidence. A copy of the fully completed and signed order of impoundment will constitute prima facie proof of sufficient factual and legal basis for impoundment. The burden will be on the vehicle owner to prove by a preponderance of the evidence that there was an insufficient factual or legal basis for impounding the vehicle.
d. A determination by the hearing officer that there was an insufficient factual or legal basis for impounding the vehicle will require the release of the vehicle to the owner or other person entitled to possession without payment of the towing and storage fees, or will entitle the person to a refund if the fees have already been paid.
e. The City will be responsible for payment or refund of the towing and storage fees for any vehicle impounded under this chapter if the hearing officer determines that there was an insufficient factual or legal basis for such impoundment. [Ord. 15-42 § 4, 2015].
7.10.080 Form of demand for hearing – Hearing officer.
a. The City Clerk shall prepare and make available a form of demand for a hearing pursuant to HCC 7.10.070. Upon receipt of demand for a hearing the City Clerk shall immediately forward the demand to the City Manager or his designee, who shall schedule an administrative hearing and notify all parties.
b. The City Manager shall appoint one or more persons who shall serve as hearing officers to conduct hearings pursuant to HCC 7.10.070. No police officer or peace officer with authority to impound an improperly parked vehicle shall be eligible to serve as hearing officer. [Ord. 15-42 § 4, 2015].
7.10.090 Removal of impoundment notice or impounded vehicle prohibited.
a. Unless authorized by a police officer or peace officer with authority to enforce parking laws and regulations, it is unlawful for any person to remove an impoundment order from a vehicle upon which it has been posted.
b. Unless authorized by a police officer or peace officer with authority to enforce parking laws and regulations, it is unlawful for any person to move a vehicle after it has been posted with an impoundment order. [Ord. 15-42 § 4, 2015].