Chapter 10.88
ENFORCEMENT
Sections:
10.88.010 Failure to perform requirements.
10.88.020 Violations by child.
10.88.030 Vehicle owner’s responsibility.
10.88.040 Penalty for violation.
10.88.055 Entering complaint – Warrant issuance.
10.88.060 Registered owner responsible for violations.
10.88.080 Parking violations – Schedule of fines and penalties.
10.88.085 Administrative appeal.
10.88.090 Impoundment authority – Vehicle release.
10.88.100 Impoundment notice – Vehicle disposition.
10.88.010 Failure to perform requirements.
It is unlawful for any person, firm, or corporation to do any act forbidden, or to fail to perform any act required, in this title. (Code 1962 § 19-148)
10.88.020 Violations by child.
It is unlawful for a parent of a child or the guardian of a ward to authorize or knowingly to permit any such child or ward to violate any provision of this title. (Code 1962 § 19-148)
10.88.030 Vehicle owner’s responsibility.
It is unlawful for any person, firm, or corporation to authorize or knowingly to permit any vehicle registered in his or its name to be driven or to stand or to be parked in violation of any provision of this title. (Code 1962 § 19-148)
10.88.040 Penalty for violation.
Unless specifically provided otherwise for a particular offense, any person, firm, or corporation who violates any provision of this title, or performs any unlawful act as defined in this title, or fails to perform any act required in this title, shall be guilty of an infraction and, upon conviction thereof, shall be punished by a fine in any sum not to exceed $300.00. (Ord. 1673 § 1, 2011; Ord. 744 § 7, 1971. Code 1962 § 19-148)
10.88.050 Citations.
Police officers are authorized to give notice to persons accused of violating provisions of this title and regulations adopted pursuant to this title by delivering citations to such persons or, in cases where vehicles without drivers are parked or stopped in violation of this title, by affixing such citations to the vehicles by means of which the violation occurred. When authorized by the city manager, parking enforcement officers may, by citations delivered or affixed as described above, give notice to persons accused of violations of laws and regulations governing the parking, stopping or standing of vehicles. The citations shall include at least such information as is required by law. Nothing in this section shall abridge a police officer’s power to arrest any person and to take him/her into custody, or to file a complaint against him/her, at any time. (Ord. 1260 § 1, 1993. Code 1962 § 19-149)
10.88.055 Entering complaint – Warrant issuance.
In the event any person fails to comply with a citation given to such person or attached to a vehicle, the chief of police may have a complaint entered against such person; and a warrant for his arrest may be issued if the person has failed to comply with the citation or complaint. (Ord. 1260 § 2, 1993. Code 1962 § 19-152)
10.88.060 Registered owner responsible for violations.
A vehicle that is stopped, parked, or left standing in violation of any law or regulation is considered to have been stopped, parked, or left standing by any registered owner of the vehicle unless that registered owner is able to prove by satisfactory evidence that at the time of the violation the vehicle was being operated by another person without the consent of a registered owner and beyond the control of a registered owner. When a vehicle is registered to two or more owners each owner is deemed to have consented to any use of the vehicle by another registered owner and each such owner shall be deemed to have given consent to the use of the vehicle by any other person who has received the consent of any registered owner. Only the registration records of the vehicle as of the date of the violation or an acknowledgment of conveyance signed or sworn to by the alleged new owner will be accepted as satisfactory evidence that a vehicle has been sold or otherwise conveyed to a new owner. (Ord. 1260 § 3, 1993. Code 1962 § 19-151)
10.88.070 Notices.
(a) Notices of Violation. In addition to or in lieu of any other procedures provided for in this title, police officers and parking enforcement officers are authorized to give notice to persons accused of violating any provision of Chapters 10.48, 10.52, 10.56 and 10.60, or KMC 10.72.010(a), or any other prohibition, limitation or regulation of parking, standing or stopping of vehicles, by issuing notices of violation to the alleged violators or, in cases where vehicles without drivers are parked or stopped in violation of said chapters, by affixing notices of violation to the vehicles which are parked in violation. The notices of violation shall provide:
(1) A brief description of the violation;
(2) The registration number and/or other identification of the vehicle if available;
(3) The approximate time and place of the violation;
(4) The penalty for the violation;
(5) The city office and address where the penalty may be paid;
(6) A statement that unless an appeal is filed within 10 days from the date of the violation or the penalty is paid within 30 days of the violation an additional fee of $15.00 will be imposed;
(7) A brief description of the procedure for appealing the notice of violation, the office where such appeal must be filed and the time for filing an appeal;
(8) A notice that timely payment of the penalty will waive all rights to appeal or contest the notice of violation or penalty;
(9) A notice that the person has a right to an administrative hearing at which the person may be represented by counsel, confront and question witnesses, testify, and subpoena witnesses;
(10) A notice that failure to timely and properly file an appeal or pay the penalty will be deemed an admission of the violation, will waive all rights to appeal or contest the notice of violation or penalty, will cause the penalty and late payment fee to become immediately due and payable; and will subject the person to additional collection costs if the penalty and fee are not paid;
(11) Such other information as the city manager may require.
Failure to timely pay the penalty shown on the notice of violation or failure to timely and properly appeal the notice of violation shall constitute a waiver of all right to appeal or contest the notice of violation or penalty; shall be deemed an admission of the violation described in the notice of violation; and shall cause the penalty and late payment fee described in KMC 10.88.080 to become immediately due and payable. Timely payment of the penalty will waive all rights to appeal or contest the notice of violation or penalty.
(b) Additional Notice. If the penalty set forth in KMC 10.88.080 has not been paid within at least 30 days from the date the notice of violation was issued and if an appeal has not been filed, an additional notice shall be sent to the person alleged to have been in violation. The notice shall contain:
(1) A brief description of the violation;
(2) The registration number and/or other identification of the vehicle if available;
(3) The approximate time and place of the violation;
(4) A statement that the penalty and additional fee of $15.00 is due;
(5) A statement that the time for appeal has passed unless within 10 days from the date the notice was mailed the person files a written appeal and proves to the hearing officer by satisfactory evidence that the person did not receive the notice of violation and that the failure to receive the notice was not the result of any act or omission of the person; of any registered owner of the vehicle; or of anyone else who operated the vehicle with the consent of any registered owner;
(6) A brief statement of the procedure for appealing and the office where such appeal must be filed;
(7) The city office and address where the penalty and fees may be paid;
(8) Such other information as the city manager may require. (Ord. 1260 § 4, 1993; Ord. 1118 § 5, 1988. Code 1962 § 19-150)
10.88.080 Parking violations – Schedule of fines and penalties.
(a) The following fine and civil penalty schedule shall apply to the violations listed below:
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Type of Violation |
Fine/Penalty |
|---|---|
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(1) Illegal and overtime parking |
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In violation of any section of Chapters 10.48, 10.52, 10.56 or 10.60 KMC |
$20.00 |
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(2) Parking in spaces reserved for a person with a disability |
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KMC 10.56.070 |
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$250.00 first conviction $500.00 subsequent convictions |
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$250.00 first conviction $500.00 subsequent convictions |
|
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(3) Illegally parked bus |
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KMC 10.52.050 |
$50.00 |
|
(4) Illegally registered vehicle |
|
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KMC 10.72.010(a) |
|
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Improperly licensed vehicle – fail to display |
$75.00 |
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If expired |
$90.00 |
(b) Late Payment Fee. Except as provided in KMC 10.88.085(b) the above fines or penalty shall be increased by an additional $15.00 in the event that the fine or penalty is not paid in full within 30 days of the date the notice of violation or citation was issued. In computing the 30-day period, the period during which a properly filed and timely appeal is pending shall not be considered. If a citation has been issued, the period prior to the rendering of a final sentence shall not be considered in computing the 30 days; provided, however, that the violator or presumed violator has appeared in court at the time shown on the citation and at such other times as scheduled by the court. In addition to the fines and penalties described above, the violator or presumed violator shall pay all collection and legal costs incurred in collection of a fine or penalty exclusive of: the costs of administrative appeal described in KMC 10.88.085; the costs of prosecution in the event a citation has been issued; and the costs of mailing the notice described in KMC 10.88.070(b).
(c) Collection of Fines, Penalties and Costs. An alleged violator of any of the ordinances described in subsection (a) of this section who has failed to pay all fines, penalties, late payment fees, and costs described in this section shall, upon the expiration of any time for appeal, be indebted to the city in the amount of such fines, penalties, late payment fees, and costs. In addition to or in lieu of any other provision for collection of such fines, penalties, late payment fees, and costs, the city may collect these amounts as a debt and may use such collection services and methods as are determined by the city manager. (Ord. 1940 § 1, 2022; Ord. 1558 § 1, 2006; Ord. 1467 § 2, 2002; Ord. 1337 § 1, 1996; Ord. 1260 § 5, 1993; Ord. 1244 § 5, 1992; Ord. 1009 § 1, 1983; Ord. 945 § 1, 1980)
10.88.085 Administrative appeal.
(a) Right to Appeal Notices of Violation. Any person to whom a notice of violation as described in KMC 10.88.070 has been issued and any person who is the registered owner of a vehicle to which a notice of violation was affixed may appeal the notice of violation in the manner set forth below.
(b) Time for Appeal. Within 10 days of the date the notice of violation was issued any person appealing a notice of violation shall file with the hearing officer a written appeal. A written appeal may also be filed with the hearing officer within 10 days of the date the notice described in KMC 10.88.070(b) was mailed; provided, however, that the appeal will be considered untimely unless the appellant proves to the hearing officer by satisfactory evidence that the person did not receive the notice of violation and that the failure to receive the notice was not the result of any act or omission of the person, of any other registered owner or of any other person who operated the vehicle with the consent of any registered owner. If the person appealing provides such satisfactory evidence, the person shall not be charged a late payment fee for the period prior to the date of the hearing officer’s decision. Failure to file a written appeal within the time limits set forth above shall waive any right to appeal or contest the notice of violation or the penalties, fees and costs imposed for the violation.
(c) Contents of Written Appeal. The written appeal shall state:
(1) The name and mailing address of the appellant;
(2) The number or other sufficient identification of the notice of violation;
(3) A description of the vehicle;
(4) Any facts, documents, photographs, witness statements or other evidence supporting the appeal;
(5) A statement of the reasons for the appeal;
(6) A statement as to whether the appellant requests a hearing before an administrative hearing officer or desires to have the administrative hearing officer decide the matter without a hearing. Unless a hearing is requested, the appellant’s rights to a hearing, to be represented by counsel at appellant’s cost, and the opportunity to present evidence and to examine and cross-examine witnesses will be waived. If the appellant waives hearing, the hearing officer may determine the case based upon the written statements of the appellant, the issuing officer and any witnesses and upon the hearing officer’s own observations;
(7) The signature of the appellant and the date of signing; and
(8) Such other information as the city manager may require.
The manager shall prepare appeal forms which appellant may use.
(d) Hearing Procedures.
(1) Date. Unless otherwise agreed by the appellant and the hearing officer any hearing requested pursuant to this section shall take place no later than 15 days from the date the written notice of appeal is filed with the city.
(2) Procedure. The administrative hearing shall be conducted informally and may be governed by such rules and procedures as the hearing officer may choose to establish, except that:
(A) Parties may appear in person or through counsel;
(B) Parties may present witnesses and evidence on their own behalf;
(C) Parties or their counsel may cross-examine opposing witnesses on matters relevant to the issues, impeach witnesses regardless of which party first called the witness to testify, and rebut evidence against himself;
(D) Relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of a common law or statutory rule which makes improper the admission of the evidence over objection in a civil action. Hearsay evidence may be considered, provided there are guarantees of its trustworthiness and that it is more probative on the point for which it is offered than any other evidence with the proponent can procure by reasonable efforts;
(E) All proceedings shall be open to the public;
(F) All parties shall have the right to subpoena witnesses and documents using a form provided by the city clerk and submitted to the clerk for issuance at least five working days before the date of the hearing;
(G) The hearing shall be memorialized by an electronic recording or a stenographic record;
(H) Failure of an appellant to appear at a hearing when such hearing has been requested by appellant shall waive all right to a hearing and shall render the amount of the fines, penalties and costs due and owing.
(e) Scope of Review. The hearing officer’s decisions shall be based solely upon the law and the facts applicable to the case. If a violation is legally determined to have occurred, the hearing officer shall not substitute his/her judgment for that of the police officer or parking enforcement officer as to whether a notice of violation should have been issued. If a violation is legally determined to have occurred, the hearing officer shall furthermore not substitute his/her judgment for the council, manager or other parking authority which enacted the regulation or ordinance and shall not reduce the penalty below that provided for under KMC 10.88.080.
(f) Decision. No later than 15 days following the hearing the hearing officer shall issue a written decision based on findings and conclusions adopted by the hearing officer. Such findings must be in writing and must be reasonably specific so as to provide interested persons and, where appropriate, reviewing authorities, a clear and precise understanding of the reasons for the decision entered. The decision, findings of fact and conclusions of law shall be forwarded to all parties to the appeal.
(g) Payment. If the hearing officer upholds the notice of violation the appellant shall pay the penalty, any applicable late fees and costs of collection.
(h) Reconsideration and Appeal. The decision of the hearing officer reached at the conclusion of a quasi-judicial proceeding or administrative hearing may be reconsidered or reheard only if:
(1) There was substantial procedural error in the original proceedings;
(2) The hearing officer acted without jurisdiction; or
(3) The original decision was based on fraud or misrepresentation.
Any person seeking reconsideration or rehearing must file a request with the city clerk together with the materials supporting one or more of the grounds stated above within 15 days of the decision for which reconsideration or rehearing is requested. A rehearing shall be conducted in the same manner as the original proceeding. The decision of the hearing officer may be appealed to the superior court pursuant to the Alaska Rules of Court, Appellate Rules.
(i) Appointment of Hearing Officers. The hearing officers shall be appointed by the manager and confirmed by the council. (Ord. 1260 § 6, 1993)
10.88.090 Impoundment authority – Vehicle release.
(a) A police officer is authorized to impound and remove a vehicle and its contents from a street or other public area to a garage or other place of safety under any of the circumstances hereinafter enumerated:
(1) When any vehicle is left unattended upon any bridge, viaduct, or causeway, or in any tube or tunnel where the vehicle constitutes an obstruction to traffic;
(2) When a vehicle upon a street is so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle are by reason of physical injury or otherwise incapacitated to such an extent as to be unable to provide for its custody or removal;
(3) When any vehicle is left unattended upon a street or other public area and is so parked or placed illegally as to constitute a hazard or obstruction to the normal movement of traffic, or to the full use or access to that area or to any fire hydrant or other emergency apparatus by authorized emergency vehicles or personnel;
(4) When any vehicle has been parked on a street or other public area for more than one hour in excess of the time allowed for parking in such street or place;
(5) When any vehicle which has been involved in two or more violations of this title for which notices of violation or citations have been issued and not answered or paid as required, is parked in violation of any provision of this title;
(6) When any vehicle has been parked in a city owned or operated off-street parking lot in violation of regulations established and properly posted or marked pursuant to KMC 10.60.050, except that overtime violations shall be governed by subsection (a)(4) of this section;
(7) When any vehicle has been parked or placed in front of a public or private driveway so as to obstruct or interfere with the proper use thereof;
(8) When a vehicle is parked in violation of KMC 10.56.070;
(9) When any vehicle is parked or stopped on a street or other public area:
(A) Where street, utility or other repairs, cleaning, maintenance, construction or snow or ice removal is scheduled to occur or is occurring;
(B) Where the street has been closed to vehicle parking or use due to a special event, festival or street sale permitted under KMC 9.56.040; or
(C) Where a street or public area has been closed for vehicle parking or use due to a parade or other temporary closing; provided, however, that, except in the case of emergency, official traffic signs stating the time during which parking is prohibited have been posted along such street or public area not less than 24 hours prior to the time the vehicle is removed. When a vehicle has been removed, pursuant to this subsection only, due to an emergency for which such signs have not been posted, the city shall pay the costs of removal and reasonable impoundment fees unless the vehicle, its owner or operator, has significantly contributed to the cause of the emergency;
(10) When any vehicle is an imminent danger to public safety due to: defective equipment; improper storage of explosive, hazardous or flammable materials; leaking fuel; or other cause requiring the immediate removal of the vehicle to prevent contamination, explosion, fire or collision.
(b) The city may, by resolution or ordinance, fix and recover reasonable fees, costs, and expenses for the towing, storage, notice and sale, and related expenses of impounding vehicles and their contents and may contract for the providing of towing storage and conducting of the sale of impounding vehicles and their contents.
(c) Unless the impoundment is found improper under KMC 10.88.100(d), impounded vehicles shall be released back to the owner or other authorized person only after all fees, costs and charges for towing, hauling, storage and notice have been paid to the chief of police and a receipt issued therefor or, in the event towing and storage services are provided by contract with the city, upon the direction of the police department, after payment of all of the fees, costs and charges that are due. (Ord. 1245 § 1, 1992; Ord. 1243 § 1, 1992; Ord. 1118 § 6, 1988; Ord. 1076 § 2, 1986; Ord. 1020 § 1, 1984; Ord. 957 § 1, 1981; Ord. 950 § 1, 1980; Ord. 640 § 1, 1962. Code 1962 § 19-153)
10.88.100 Impoundment notice – Vehicle disposition.
(a) Not later than 24 hours, excluding Saturdays, Sundays, city and federal holidays, after a vehicle and its contents have been impounded by the city, the chief of police shall cause notice to be given to the owner of record of such vehicle as indicated in the motor vehicle records of the Alaska Department of Public Safety. Notice shall also be given to any lienholder of record as indicated on the motor vehicle records of the Alaska Department of Public Safety and any other persons known to be lawfully entitled to possession of the vehicle. The notice shall describe the vehicle and its contents, give the date the vehicle was impounded, state the grounds for impoundment, the location of the place of impoundment, and state that unless the vehicle is redeemed within 30 days after the date of the notice, title to the vehicle and its contents shall vest in the city and that the vehicle and its contents will be sold or otherwise disposed of as provided by law. The notice shall also state that if a written request for a hearing is filed with the police department within 10 days after the completion of service of the notice, a hearing will be conducted within 24 hours, excluding Saturdays, Sundays, and city holidays, to review the impoundment of the vehicle unless the right to a hearing within such 24-hour time period is waived. The right to any hearing shall be deemed waived if not timely requested as provided in this subsection.
(b) The notice referred to in subsection (a) of this section shall be given either by personal delivery to the person to be notified or by registered or certified mail, return receipt requested, addressed to the person at his address as shown on the motor vehicle records of the Alaska Department of Public Safety. Notice by personal delivery shall be complete upon delivery and notice by mail shall be deemed complete upon the return of the receipt or upon return of the notice as undeliverable, refused or unclaimed. Proof of the giving of notice in either manner may be made by affidavit of the person giving notice by personal delivery or by mail, naming the person to whom the notice was given and specifying the time, place and manner of giving notice.
(c) Any hearing under this section shall be conducted in the manner provided by AS 28.05.131 and 28.05.141 except that all references to the department shall be deemed to refer to the city police department and all references to the commissioner or other officers of the department shall be deemed to refer to the city manager or his designee.
(d) If the hearing officer finds that the impounding officer has not shown that the impoundment was proper, the vehicle shall be released to the registered owner and no charges shall be imposed for any towing or storage charges accrued prior to the time the hearing officer finds the impound improper.
(e) Title to an impounded vehicle and its contents shall vest in the city 30 days after notice is complete unless a hearing is requested pursuant to subsection (a) of this section and in such event title shall vest upon determination that the impoundment was proper.
(f) A person who presents satisfactory proof of ownership or right to possession may redeem an impounded vehicle at any time before sale or other disposition thereof by paying the fees and charges of towing, storage, notice and any other costs of impoundment or applicable penalties imposed by law. The right of redemption provided for in this subsection is in addition to the right of a person to obtain the release of an impounded vehicle after hearing pursuant to subsection (d) of this section. (Ord. 1243 § 1, 1992; Ord. 1020 § 2, 1984; Ord. 957 § 2, 1981; Ord. 660 § 1, 1964. Code 1962 § 19-154)
10.88.110 Fees, costs and expenses for towing, storage, impoundment and sale of vehicle and property.
The fees for towing, storage, impoundment, notice and sale of impounded vehicles are as set forth in subsections (a) through (f) of this section, except when the city has entered into a contract for performing such services, in which event the fees and rates set forth and established in the contract as on file in the office of the city clerk and available for public inspection and copying shall control over those set forth in this section to the extent such are inconsistent with, or in addition to, those provided for herein.
(a) Towing and Related Services.
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Service |
Day Rate |
Night Rate |
|---|---|---|
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(1) Towing to general storage facility |
In accordance with Item 1910 and Item 3820 of Tariff 11-B, issued by the Alaska Carrier’s Association and on file with the Alaska Transportation Commission, as in effect on February 1, 1981, a copy of which is on file and is available for public inspection in the office of the city clerk. |
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(2) Other towing general storage facility |
In accordance with Item 1910 and Item 3820 of Tariff 11-B, issued by the Alaska Carrier’s Association and on file with the Alaska Transportation Commission, as in effect on February 1, 1981, a copy of which is on file and is available for public inspection in the office of the city clerk. |
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(b) Storage.
(1) Entrance fee: $7.00 per vehicle;
(2) Storage: $5.00 per day or any part thereof, commencing 24 hours after custody taken.
(c) Release.
(1) The fees for release of a vehicle at the request of the owner or his designee after towing services have been requested but prior to the vehicle being towed away shall be as follows:
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Day Rate |
$20.00 |
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Night Rate |
$30.00 |
(2) A fee of $15.00, in addition to any other fees or charges otherwise due, shall be charged for release of a vehicle during the period commencing 6:00 p.m. and ending at 8:00 a.m. in the following morning, provided no such additional fee shall be required for a release pursuant to subsection (c)(1) of this section.
(d) Notice. Pro-rata costs based upon actual costs of giving notice.
(e) Sale. Pro-rata costs based upon actual cost of sale.
(f) Definitions. As used in this section:
“Day rate” means the rate for service which is called for between the hours of 8:00 a.m. and 5:00 p.m. on all days except Saturdays, Sundays, and holidays as defined in Tariff 11-B, issued by Alaska Carrier’s Association on September 8, 1978, at page 18, a copy of which is on file and is available for public inspection in the office of the city clerk.
“Entrance fee” means the charge for all vehicles delivered to the contractor’s impound lot by anyone other than the contractor or his agents.
“Night rate” means the rate for any service called for at a time, or on a day, during which the day rate does not apply. (Ord. 1016 § 1, 1984; Ord. 957 § 3, 1981)