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07/24/2001 Ordinances 8686 I I I ORDINANCE NO. 8686 An ordinance to authorize immobilization and impoundment of vehicles within the Congested Parking District for failure to pay parking fees; to authorize the Downtown Improvement Board to establish policies and procedures regarding immobilization, impoundment and receipt of payment of payment procedures; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The Mayor and City Council hereby find as follows in connection with this ordinance: (A) The City of Grand Island has established a metered parking system in the Congested Parking Area in accordance with Chapter l3-Downtown and Business Improvement Districts, Article II. Metered Parking System, 913-11 through 913-18 of the Grand Island City Code (1988 ed.). Pursuant to 913-14 of the Code, a City parking attendant monitors parking of vehicles within designated metered zones and express zones and places a deposit envelope upon vehicles which incur a parking fee. 913-15 of the Code provides that the registered owner of any vehicle parked within a metered zone or express zone shall be responsible for the payment of all parking fees incurred by such vehicle. (B) On occasion, the registered owners of vehicles incurring parking fees have failed and refused to pay parking fees resulting in a substantial amount of delinquent fees owed to the City. (C) Because the acquisition, establishment, erection, maintenance, and operation of the metered parking system is funded by occupation taxes levied and collected within the Downtown Improvement and Parking District and parking fees incurred within metered and express zones, those vehicles for which parking fees are not paid, do not bear their share of the cost for the metered parking system, require the City to allocate manpower and resources to enforce the metered parking system, and increase the tax burdens of the business and professional offices located within the Downtown Improvement and Parking District. Approved as to Form'" ~ July 19. 2001 '" City Attorney I I I ORDINANCE NO. 8686 (Cont.) Based on the foregoing legislative findings, those vehicles for which parking fees are delinquent and unpaid are deemed a public nuisance subject to abatement in the manner and form provided by the laws of the State of Nebraska and ordinances ofthe City of Grand Island. SECTION 2. Section 13-19 of the Grand Island City Code is hereby added to read as follows: 913-19. Immobilization Authorized Any vehicle which has incurred parking fees which remain unpaid thirty-one (31) or more days after becoming due may be subject to immobilization and impoundment in the manner and form provided in this Article and Chapter 22, Article VII, Division 3 of this Code. Immobilization of an offending vehicle shall be accomplished by the Police Department applying a device to one or more of the vehicles wheels at the request of the Community Projects Director or his/her designee. The vehicle shall be released upon payment of all parking fees incurred by such vehicle and due prior to immobilization. SECTION 3. Section 13-20 of the Grand Island City Code is hereby added to read as follows: 913-20. Impoundment After 24 Hours In the event a vehicle has been immobilized for 24 hours or more and the parking fees remain lmpaid, the vehicle shall be removed and impounded by the Police Department in accordance with Chapter 22, Article VII, Division 3 of this Code. The vehicle shall be discharged or removed from impoundment upon payment by the owner, operator, or driver of such impounded vehicle of the parking fees, plus impoundment fees and towing and storage charges. Further, no vehicle shall be released from impoundment unless the vehicle is in compliance with the motor vehicle registration statutes of the State of Nebraska. SECTION 4. Section 13-21 of the Grand Island City Code is hereby added to read as follows: 913-21. Policies and Procedures The Downtown Improvement Board is authorized to promulgate and adopt such polices as are reasonable and are prudent to carry out the purposes of this Code, including but not limited to establishing a minimum amount of delinquent parking fees which may be incurred by a vehicle prior to enforcement action, as well as immobilization, impoundment, and receipt of payment procedures. SECTION 5. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. - 2 - Approved as to Form T ~-) July19,2001 .&.~ I I I ORDINANCE NO. 8686 (Cont.) SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: July 24,2001. KenG~ Attest: Q~\\"-Q tllo~ RaNae Edwards, City Clerk - 3 - Approved as to Form T July 19, 2001 . City Attorney