§ 6-494. Failure to appear at properly noticed hearing.

(1)

A person who fails to appear at a hearing when required to do so or, having admitted liability for a parking offense fails to pay the fines and penalties assessed by the City of Gulfport Police Department or the Gulfport Municipal Court, or, having been found liable for the parking offense fails to pay the fines and penalties assessed by the parking adjudication bureau, or fails to contest or pay the fines/penalties and tow fee for a tow-related citation for which an ROR bond was posted, the vehicle against which the parking citation was issued shall be immediately immobilized, or towed and impounded, or both, by any police officer or other person duly authorized. All vehicles will be towed in accordance with article XIX, chapter 6 of the Code of Ordinances of the City of Gulfport.

(2)

Such vehicle shall be surrendered or released only to the duly registered owner of such vehicle or his agent thereof upon:

(a)

Payment of all outstanding fines and penalties assessed by the Gulfport Municipal Court recorded against such vehicle plus any towing, immobilization or storage fees; or

(b)

Such person depositing a cash or surety bond in the amount of all outstanding fines and penalties assessed by the Gulfport Municipal Court recorded against such vehicle plus any towing, immobilization or storage fees.

(c)

If the person whose vehicle has been immobilized or impounded deposits a bond as provided in subsection (b), such person shall be issued a notice to appear for a hearing. The scope of the hearing provided under this subsection shall be limited to the determination as to whether the vehicle immobilized or booted belongs to the owner or his agent who failed to appear at a hearing when required to do so or, having admitted liability for a parking offense has failed to pay the fines and penalties assessed by the Gulfport Municipal Court, or, having been found liable for the parking offense has failed to pay the fines and penalties assessed by the Gulfport Municipal Court. Any person whose vehicle has been impounded or immobilized under the provisions of this section and desires an expedited hearing shall be afforded a hearing within three (3) business days of his written request therefor.

(d)

If a vehicle is immobilized for unpaid fines and penalties as provided in subsection (a) of this section, an immobilization fee of fifteen ($15.00) dollars shall be assessed. If such fee is deposited in the form of a cash bond and the responsible person is found not liable for all parking fines and penalties for which his vehicle was immobilized, such bond will be returned to the depositor or his agent.

(e)

If the vehicle impounded has not been reclaimed within twenty-four (24) hours of the time of impoundment, the Gulfport Police Department shall notify the vehicle's last owner of record (as determined by the license tags thereof) of the place of impoundment of the vehicle.

(f)

If a person whose vehicle has been impounded or immobilized deposits a bond as provided in subsection (b), such a bond will be subject to forfeiture if he fails to pay fines and/or penalties assessed by the Gulfport Municipal Court within thirty (30) days after assessment.

(Ord. No. 2303, § 2, 11-20-01; Ord. No. 2372, § 2, 12-16-03)