Rutland Traffic Court
5201. Penalties and fines
§ 5200. Authority–Title
This chapter is adopted pursuant to authorization granted in a City of Rutland, Vermont Revised Charter (1974), chapter 35, Traffic Court, the provisions of which are specifically incorporated by reference as if fully set forth herein. The title of this chapter shall be theRutland Traffic Court.
§ 5201. Penalties and fines (Updated 2-2-2012)
(a) The following shall be the fines adopted as penalties for the offenses listed below in theRutland Traffic Court:
- Parking in a designated disability zone by someoneother than a disabled person or passenger $50.00
- Parking too near or at a fire hydrant $50.00
- Parking on a sidewalk $50.00
- Parking on a crosswalk $50.00
- Winter Parking Ban $50.00
- Overparked at a parking meter $15.00
- Second offense $37.50
- Third offense and each offense thereafter $50.00
(A second and third offense shall occur when a vehicle remains at an expired meter space for each successive period equivalent to the maximum time allowed at that particular metered space.)
Overparked at a designated time zone $15.00
Second offense $25.00
Third offense $37.50
(A second and third offense shall occur when a vehicle remains at a designated parking area for each successive period equivalent to the maximum time allowed at that particular time restricted space.)
Parked in designated “Amtrak Lot” by someone other than an Amtrak passenger or employee $50.00
All other parking violations $10.00
(b) The above listed fines shall double for each violation if the fine is not paid within seven (7) calendars days from the date of issuance. If the fine as doubled is not paid within 21 days after the time to request a hearing expires pursuant to (c) below, said fine shall be doubled again.
(c) A violator may request in writing a hearing within seven days of the issuance of the violation at theRutland City Traffic Courtfor the purpose of determining whether said charged violation is well founded pursuant to chapter 35 of the Rutland City Charter.
(d) Any and all fines and penalties collected pursuant to this chapter shall be deposited by the person responsible to collect such funds in the parking meter account.
(e) Such enforcement of parking violations specified above shall be in addition to any other penalties and fines as may be prescribed by law.
Immobilization and Impoundment of Motor Vehicles
4741. Short title
4742. Immobilization of vehicle
4743. Notice to owner
4744. Release of vehicle
4745. Towing of vehicle
4746. Post seizure hearings for immobilized or impounded vehicles
4747. Conduct of hearing
4748. Decisions of the traffic court judge and their effect
4749. Disposal of unclaimed vehicles
4750. Collection of Ticket Fines
4751 Contesting of Tickets
§ 4741. Short title
This chapter shall be referred to by the short title of “Booting Ordinance”.
§ 4741A. Purpose
This chapter is enacted as an enforcement for protection of the public peace, safety and welfare, and the safeguarding of property, and to provide for additional penalties for scofflaws who habitually violate the parking regulations of the City of Rutland.
§ 4742. Immobilization of vehicle
Any unattended motor vehicle found parking at any time upon any public highway or parking lot of the City of Rutland, the owner of which has four (4) or more unpaid parking violations may be immobilized by an officer or member of the Rutland police department in such manner as to prevent its operation, providing notice that the vehicle in question is subject to impoundment is sent to the offender by first class mail at least fifteen (15) days prior to impoundment. No such vehicle shall be immobilized by any means other than by the use of a device or other mechanism which will cause no damage to such vehicle unless it is moved while such device or mechanism is in place. At the time of adoption of this ordinance, the number of outstanding parking tickets held by any individual prior to the enactment of this ordinance will be considered in determining the number of tickets necessary to bring about application of the immobilization device.
§ 4743. Notice to owner
At the time of immobilization, the officer or members shall cause to be placed on such vehicle, in a conspicuous manner, notice sufficient to warn any individual to the effect that such vehicle has been immobilized and that any attempt to move such vehicle might result in damage to such vehicle. The City of Rutland will not be liable for any damage to any vehicle as a result of any attempts to tamper with, damage, remove or move the vehicle which has been booted. Additionally, the owner of the vehicle will indemnify the city from the claims for such damage, or damage to any other property including the immobilization device. Such indemnity can include any costs or attorney’s fees.
§ 4744. Release of vehicle
The owner of such immobilized vehicle, or other duly authorized person, shall be permitted to secure the release of the vehicle upon:
(a) (1) The payment of all outstanding fines; or
(2) The depositing of the amount of the potential fines to be assessed by the Rutland Traffic Court with the city treasurer; and
(b) A booting fee of fifty dollars (P.00) for such immobilization.
§ 4745. Towing of vehicle
In the event the owner of the immobilized vehicle fails to make the payments required in section 4744 above within a period of twenty-four (24) hours from the time of such immobilization, the police department shall cause said vehicle to be towed away as provided for in section 5310 – 5320 at the owner’s expense with storage charges to be assessed to the owner.
§ 4746. Post seizure hearings for immobilized or impounded vehicles
As to any vehicle immobilized or impounded pursuant to this chapter by or at the request of the City of Rutland, its agents or employees, a person who has a legal entitlement to possession of the vehicle has a right to a seizure administrative hearing to determine whether there was probable cause to immobilize or impound the vehicle if such person files a written demand, on forms so provided for such a hearing, with the City of Rutland within ten (10) days after such person has learned such vehicle has been immobilized or impounded.
§ 4747. Conduct of hearing.
(a) A hearing shall be conducted before the city attorney sitting as traffic court judge within forty-eight (48) hours of receipt of a written demand therefor from the person seeking the hearing unless such person waives the right to a speedy hearing. Saturdays, Sundays and city holidays are to be excluded from the calculation of the forty-eight hour period. The sole issue before hte traffic court judge shall be whether there was probably cause to immobilize or impound the vehicle in question.
(b) “Probable cause to immobilize or impound” shall mean such a state of facts as would lead a person of ordinary care and prudence to believe that there was sufficient breach of local, state or federal law to grand legal authority for the immobilization or impoundment of the vehicle.
(c) The traffic court judge shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. The person demanding the hearing shall carry the burden of establishing that such person has the right of possession of the vehicle. The police department shall carry the burden of establishing that there was probable cause to immobilize or impound the vehicle in question. At the conclusion of the hearing, the traffic court judge shall prepare a written decision. A copy of such decision shall be provided to the person demanding the hearing and the registered owner of the vehicle (if not the person requesting the hearing). The traffic court judge’s decision in no way affects any proceeding in connection with the immobilization or impoundment in question. The decision of the traffic court judge is final. Failure of the registered to legal owner, or his agent, to request or attend a scheduled post-seizure hearing shall be deemed a waiver of the right to such hearing.