SB 712

This bill authorizes a municipality or county to enact an ordinance providing

for the immobilization or towing, impoundment, and disposal of vehicles owned by

habitual parking violators.

Under current law, an authority that issues citations for nonmoving traffic

violations (commonly referred to as “parking tickets”) may enforce violations in

several ways. A person issued a parking ticket may pay the ticket by mail or appear

in court to contest the parking ticket. If the person does neither, the authority that

issued the ticket may issue a summons to the person and request that the

Department of Transportation suspend the person's vehicle registration. In lieu of

this procedure, the authority that issued the ticket may, subject to requirements,

issue a warrant for the person and for the person's arrest.

Under current law, any county or municipality may enact an ordinance

prohibiting unregistered motor vehicles on highways and providing for the

immobilization, removal, impoundment, and disposal of these vehicles. The bill

authorizes a municipality or county to enact an ordinance providing for the

immobilization (typically with a “car boot”) or towing, impoundment, and disposal

of vehicles owned by habitual parking violators and for which all of the following

apply:

1. The municipality or county has issued tickets to the owner of the motor

vehicle for five or more parking violations that occurred more than 60 days

previously and for which the owner has neither paid each ticket nor scheduled an

appearance in court in response to each unpaid ticket.

2. The municipality or county has mailed to the last-known address of the

owner at least one notice that provides certain information, including the manner in

which each parking ticket may be paid or contested. The notice must also inform the

owner that the owner's vehicles may be immobilized or towed and impounded.

Under the bill, a properly enacted ordinance authorizes any parking enforcer

to have a vehicle immobilized on, or towed and impounded from, any highway or

public parking facility. The parking enforcer must follow certain procedures for

notification of law enforcement and for providing information about the

immobilization to the vehicle owner.

Under the bill, the owner of a motor vehicle that is immobilized or towed and

impounded may secure release of the motor vehicle by paying any fee associated with

the immobilization or towing and impounding of the vehicle and paying all

forfeitures for the unpaid parking tickets or scheduling an appearance in court. If

the requirements for release of the vehicle are not timely satisfied, the bill authorizes

disposal of the vehicle. Any motor vehicle immobilized or impounded must remain

immobilized or impounded until lawfully claimed or disposed of. The owner of the

vehicle is responsible for all charges associated with immobilizing, removing,

impounding, and disposing of the motor vehicle.