Oklahoma City Municipal Code § 32-132 Notice and hearing prior to impoundment and immobilization of vehicles with multiple delinquent parking citations.
§ 32-132. - Notice and hearing prior to impoundment and immobilization of vehicles with multiple delinquent parking citations.
(a) For the purposes of this chapter, "immobilization" shall be defined as including the affixing of a wheel "boot" that restricts the vehicle's movement. The process of affixing a wheel "boot" is known as "booting."
(b) No person, owner or operator shall park, drive or permit to be parked or permit to be driven on a public street or other public right-of-way any vehicle which has parking citations issued against the current registered owner, such citations having been disregarded and unpaid, such that delinquent fines together with unpaid fees and costs exceeds $250. Any such vehicle may be declared a public nuisance and after notice and hearing as set forth in paragraph (c) of this section, and may be impounded or immobilized, or both, by any Police Officer or other person duly authorized.
(c) If any violator of the restrictions on stopping, standing or parking does not appear in response to parking citations affixed to the motor vehicle or otherwise cause the citations to be resolved, such that delinquent fines together with unpaid fees and costs exceed $250 according to the records of the Municipal Court, the Municipal Court Administrator shall inform the Police Department in a manner to be determined by the Municipal Court Administrator and the Chief of Police. The Municipal Court Administrator shall provide an identification of the vehicle and its pertinent title history, license tag information, history of unpaid delinquent parking citations, and its owner, if known.
(d) The Police Department shall send by first-class mail a notice to the registered owner of such vehicle, at the address listed on the vehicle's registration record, informing the registered owner that an administrative hearing will be held at a stated place, date and time, to determine whether the vehicle is a public nuisance as provided in paragraph (b) of this section, and to order that the vehicle be immobilized and/or impounded. If the registered owner of the vehicle cannot be determined, a notice of hearing may be published in a newspaper of general circulation at least three days prior to the scheduled hearing.
(e) The hearing to determine whether the vehicle is a nuisance shall be conducted by a designee of the Chief of Police, who shall follow the hearing procedures of the Oklahoma Administrative Procedures Act.
(f) The Police Department shall provide to the Municipal Court Administrator, in a manner to be determined by the Municipal Court Administrator and the Chief of Police, a list of vehicles that have been declared a nuisance in accordance with this section.
(Ord. No. 23904, § 2, 8-4-09)
