AN ORDINANCE AMENDING SECTION 21 OF THE CODE OF ORDINANCES REGARDING CERTAIN PARKING VIOLATIONS AND PENALTIES (2005-10-10/O-5)

BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

Section 1.  Section 21-18.10 of the Town Code of Ordinances, “Charge for removal of wheel lock”, is hereby revised to read as follows:

“Section 21-18.10 

Any vehicle which is immobilized by the attachment of a wheel lock shall be assessed a fifty-five dollar ($55.00) thirty dollar ($30.00)  charge in addition to the penalty charged for the violation for which the wheel lock was attached to said vehicle.

 Section 2.  Section 21-38 of the Town Code of Ordinances, “Civil Penalties” is hereby revised to read as follows:

“Section 21-38. Civil penalties.

(a) The penalty for any violation of sections 21-29, 21-30, 21-31, 21-32, 21-33, and 21-37.1 shall be fifteen dollars ($15.00).

(b) An additional penalty of fifteen dollars ($15.00) may be added for any vehicle previously cited for violation of section 21-33 for each subsequent two hour period.

(b) (c) The penalty for any violation of sections 21-36, 21-28(i). 21-28 (k) obstruction of fire lane shall be one hundred dollars ($100.00).

(d) The penalty for violation of sections 21-36 shall be two hundred dollars ($200.00).

(c) (e) The penalty for  violation of any other parking regulations of Articles IV and V of Chapter 21 of this code shall be forty dollars ($40.00) fifty dollars ($50.00).

(d) (f) Upon receiving a citation, serving as a notice of violation of the parking regulations set forth in this chapter, the owner or operator of the vehicle found in violation shall be

responsible for the penalties herein established.

(e) (g) Any penalty for a parking violation that is not paid within 21 days of issuance will accrue an additional penalty of ten dollars ($10.00) for each subsequent fourteen (14) day period.

(f) (h) The maximum total combined fine and penalties for a fifteen dollar ($15.00) violation shall be thirty-five dollars ($35.00). The maximum total combined fine and penalties for a forty dollar ($40.00) violation shall be sixty dollars ($60.00). The maximum total combined fine and penalties for a fifty dollar ($50.00) violation shall be seventy dollars ($70.00). The maximum total combined fine and penalties for a one hundred dollar ($100.00) violation shall be one hundred twenty dollars ($120.00). The maximum total combined fine and penalties for a two hundred dollar ($200.00) violation shall be two hundred twenty dollars ($220.00).When the maximum is reached for either a single violation or more than one violation for the same owner or operator, he/she will be notified in writing of the intent of the town to pursue claims through appropriate civil action or through referral to a collections agency. Once a civil action is initiated, any fees involved in the civil action will be added to the settlement in each action.

(g) (i)   The penalties imposed under this section shall be collected solely as civil penalties and no parking penalties or fines provided in Articles IV and V of Chapter 21 of this code shall be enforced through criminal misdemeanor or infraction process. This section shall not be construed as limiting any authority of the town to tow or remove any vehicle violating any provision of Chapter 21 for which said removal is otherwise authorized and to charge the owner of such vehicle with the costs of removal and storage in accordance with the process and procedures contained in this chapter.”

Section 3.  This ordinance change shall become effective November 1, 2005.

This the 10^th day of October, 2005.