Page 5 - EBRP Parking Ordinances

(2) Appearance in city court on the date and at the time set out in the citation to deny the violation and present such admissible evidence as desired.
(Ord. No. 7504, § 22, 4-25-84; Ord. No. 13688, § 1, 7-26- 06; Ord. No. 15036, § 1, 11-23-10)
Sec. 11:408. - Failure to answer, consequences.
Failure to answer a parking infraction citation in the manner set out in section 11:407 within the allowable period subjects the person to whom the parking infraction citation was issued to such additional monetary penalties as may be prescribed by the court.
(Ord. No. 7504, § 22, 4-25-84; Ord. No. 13688, § 1, 7-26- 06; Ord. No. 15036, § 1, 11-23-10)
Sec. 11:409. - Default.
shall include contracts with towing companies which fix prices to be charged for towing and storage, and which provide procedures for release of stored vehicles upon payment of accrued fines, penalties , towing and storage charges.
Any order to immobilize, tow and store shall be executed as provided in section 11:292 et seq.
(a)
(b)
A vehicle which is parked in violation of any of the provisions of sections 11:415 through 11:435 and which has accumulated five (5) or more unpaid parking citations is subject to immediate immobilization, towing and storage.
A vehicle which has accumulated five (5) or more unpaid parking citations which remain unpaid, shall be subject to immobilization, towing and storage when parked legally on any street or road in the city. However, prior to the issuance of an order authorizing immobilization, towing and storage of such vehicle, the city court shall fix a time and date for a contradictory hearing at which the owner may present defenses to the issuance of an order authorizing immobilization, towing and storage. The clerk of court shall cause a notice to issue, by first class mail, to the owner of the vehicle advising the time, date, location and nature of the hearing. If the owner of the vehicle does not convince the court that just cause exists to decline to issue an order of immobilization, towing and storage, the city court shall determine the total amount of fines and other penalties and costs due, and shall issue an order authorizing the city police to immobilize, tow and store the vehicle when discovered parked, legally or illegally, upon any street or road within the city limits of the city.
The city police department shall establish a procedure to effect immobilization, towing and storage of vehicles pursuant to this part, and such procedure
(Ord. No. 7504, § 22, 4-25-84; Ord. No. 8117, § 1, 3-12-86; Ord. No. 13688, § 1, 7-26-06; Ord. No. 15036, § 1, 11-23- 10)
Sec. 11:410. - Adjudicatory hearings.
When a person to whom a traffic infraction citation has been issued answers by appearing in city court and asserting no responsibility pursuant to section 11:407(2), the court shall conduct an adjudicatory hearing.
(c)
(d)
If a person to whom a notice of infraction has been issued fails to answer or fails to appear at a hearing when required to do so or having admitted or been finally judged liable for the parking infraction, fails to timely pay the prescribed penalty, the city court shall, without further notice, enter a default judgment sustaining the charges and fixing the appropriate penalty, which shall have the same effect as a civil money judgment; however, the laws relating to citation and service of process shall be observed prior to legal enforcement of any such civil judgment.
(1)
(2)
Hearings for the adjudication of parking citations shall be conducted contradictorily between the respondent and the city-parish before the city court for those infractions occurring inside the corporate limits of the city. The city-parish shall be represented by the parish attorney.
The city-parish shall have the burden of proving the infraction by a preponderance of evidence; however, proof that a particular vehicle described in the parking infraction citation was in violation of any law or ordinance, together with proof that the respondent was, at the time of the infraction, the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle or his authorized agent was the person who parked or placed such vehicle at the point where, and for the time during which, the infraction occurred.