Kan. Admin. Regs. § 1-45-24 - Violations and enforcement

Current through Register Vol. 40, No. 39, September 30, 2021

(a) Fines.
(1) Except as provided in paragraph (a)(2), in any parking lot or garage for which parking permits are issued, each person whose vehicle is parked in violation of any of these regulations shall be subject to the following administrative fines:
(A) First violation: $3 fine;
(B) second violation: $10 fine;
(C) third violation: $25 fine; and
(D) each violation after the third violation: the person's vehicle shall be subject to one of the following:
(i) being mechanically immobilized, subject to subsection (d); or
(ii) being removed, as specified in subsection (c).

A violation shall be deemed to have occurred each time that a motor vehicle is found to be parked in a manner prohibited by these regulations, except that a second or subsequent violation shall not be deemed to have occurred on the same day when that motor vehicle continues in the same violation at the same location.

(2) In metered visitor parking areas, each person whose vehicle is parked after the expiration of the paid meter time or otherwise in violation of these regulations shall be subject to the following fines:
(A) First violation: $3 fine; and
(B) subsequent violations in the same day and at least two hours after the previous violation: $10 fine for each violation.

The administrative fines specified in this paragraph (a)(2) shall apply only to vehicles not bearing a parking permit. Each person whose vehicle bears a parking permit and is parked in violation of this paragraph (a)(2) shall be subject to the fines specified in paragraph (a)(1).

(3) Persons paying the administrative fines specified in this regulation shall not be deemed guilty of violating these regulations under K.S.A. 75-4508, and amendments thereto, and shall not be subject to the criminal penalties prescribed by K.S.A. 75-4508, and amendments thereto. An administrative fee of $25.00 shall be assessed to each person who does not pay the administrative fine specified in this regulation within 90 days of the date on which the citation was issued or, if the person submits an appeal as provided under subsection (b), within 90 days of the date on which the hearing officer affirms the fine.
(b) Appeal of administrative fines.
(1) Any person who is assessed an administrative fine under this regulation may submit a written appeal of the fine to the director within 10 days of the date on which the fine was assessed.
(2) A hearing officer shall be appointed by the director to consider each appeal. The fine may be affirmed, modified, or vacated by the hearing officer based on the written documentation submitted with the appeal. Before affirming, modifying, or vacating the fine, the person may be requested by the hearing officer to submit additional information in writing or in person.
(3) Written notice of the hearing officer's decision to affirm, modify, or vacate the fine shall be given to the person within 30 days of the date on which the appeal is received by the director. The decision of the hearing officer shall be considered a final agency action, which may be appealed in accordance with K.S.A. 77-601 et seq., and amendments thereto.
(c) Removal of vehicles. In addition to any criminal penalties imposed under K.S.A. 75-4501et seq. and amendments thereto or any administrative fines assessed under this regulation, any motor vehicle, whether privately or publicly owned, that is parked in violation of any of these regulations may be deemed to be a common nuisance.

Upon the direction of the secretary, the nuisance may be abated through removal and impoundment of the motor vehicle. The cost of the abatement by removal and impoundment shall be a lien against the motor vehicle until paid to the director or the director's designee.

(d) Costs of immobilization. Each person whose vehicle is mechanically immobilized as provided in paragraph (a)(1)(D)(i) shall be assessed the costs incurred by the director for immobilizing the vehicle and removing the immobilization device.
(e) Termination of parking contract. Any parking contract may be terminated and any parking permit may be revoked by the secretary for any violation of the terms and conditions of the parking contract, these regulations, or any statute pertaining to parking. Each individual whose contract is terminated under this subsection shall be ineligible for a new parking contract until all other individuals eligible for parking contracts for whom space was not available at the time the individual's parking contract was terminated have been given an opportunity to enter into a parking contract.

Notes

Kan. Admin. Regs. § 1-45-24
Authorized by K.S.A. 75-3706, K.S.A. 2003 Supp. 75-4506, K.S.A. 75-4507, and K.S.A. 2003 Supp. 75-4508; implementing K.S.A. 75-3762, K.S.A. 2003 Supp. 75-4506 and K.S.A. 2003 Supp. 75-4508; effective Feb. 28, 2003; amended, T-1-3-29-04, March 29, 2004; amended July 23, 2004.

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