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CITY OF SWARTZ CREEK
ORDINANCE NO. 433
ORDINANCE NO. 433
An ordinance to amend Article III of Chapter 18 of the Code of Ordinances to prohibit certain parking on public streets and the penalties for violations thereof.
THE CITY OF SWARTZ CREEK ORDAINS:
Section 1. Amendment of Article III of Chapter 18 of the Code of Ordinances of the City of Swartz Creek by adding thereto a new Section 18-72.
The City Council hereby amends Article III of Chapter 18 of the Code of Ordinances of the City of Swartz Creek by adding thereto a new section, Section 18-72, to read as follows:
Sec. 18-72. Impounding of vehicles; failure to answer parking notices or citations.
(a) The City may impound a vehicle found on public property or on a public street whose owner failed to answer six or more parking violation notices or citations resulting from violations of the Michigan Vehicle Traffic Code. The impoundment may take place whenever the City identifies or encounters the vehicle.
(b) Accrued charges for any parking violation notices or citations owed by the owner shall include any previously incurred fees, fines, costs, or penalties arising out of the ownership or operation of the impounded vehicle, or any other vehicle owned or operated by such person. Accrued charges shall also include previously unpaid and current reasonable charges for impound and storage of the vehicle. The owner shall also pay an impound fee as determined by City Council resolution.
(c) If the owner or operator disputes liability as to the impoundment fees or previously incurred impoundment fees, fines, costs, or penalties, they may have the vehicle released from impoundment by posting a cash deposit equal to the impound fee, the tickets, fines, and costs of towing and storage not to exceed $500.00, to the City, pending final adjudication of the disputed liability. Upon the posting of the required cash deposit, the City shall execute a release of the vehicle from impoundment and, upon delivery of such release to the operator of the impound lot, the owner’s possession of the vehicle shall be restored. If the district court determines that the owner or operator of the vehicle did not fail to answer six or more parking violation notices or citations regarding illegal parking the City shall refund the entire deposit and pay all towing and storage fees. If, however, the owner or operator is determined to have failed to answer the notices or citations, the City shall apply the cash deposit to the fees, fines and costs assessed by the district court, and refund the balance, if any, to the person making the deposit.
Section 2. Effective Date.
This Ordinance shall take effect on October 1, 2018 (a minimum of twenty (20) days following publication).
At a regular meeting of the City Council of Swartz Creek held on the 13th day of August, 2018, Councilmember Gilbert moved for adoption of the foregoing ordinance and Councilmember Porath supported the motion.
Voting for: Krueger, Pinkston, Porath, Cramer, Florence Hicks.
Voting against: Gilbert