§ 48-4.2. Trailway municipal civil infractions.

(a)

An authorized city official may seize and impound a vehicle operated in the commission of a trailway municipal civil infraction. Upon impoundment, the vehicle is subject to a lien, subordinate to a prior lien of record, in the amount of any fine, costs, or assessment that the defendant may be ordered to pay under section 8727 of the Act and any expenses described in subsection (b) that the defendant may be ordered to pay under section 8727 of the Act. The defendant or a person with an ownership interest in the vehicle may post with the court a cash or surety bond in the amount of $750.00. If such a bond is posted, the vehicle shall be released from impoundment. The vehicle shall also be released, and the lien shall be discharged, upon a judicial determination that the defendant is not responsible for the trailway municipal civil infraction or upon payment of the fine, costs, assessment, and damages and expenses.

(b)

In a trailway municipal civil infraction action, an order under section 8727 of the Act may require the defendant to pay one or both of the following:

(1)

The amount of damages to any land, water, wildlife, vegetation, or other natural resource or to any facility damaged by the violation. Money collected under this subdivision shall be distributed to the city.

(2)

The reasonable expense of impoundment under subsection (a). Money collected under this subdivision shall be distributed to the city.

(c)

If the district court decides that the defendant is responsible for the trailway municipal civil infraction and the defendant defaults in the payment of the fine, costs, assessment, or damages or expenses, or in any installment, as ordered pursuant to section 8727 of the Act, any bond posted under subsection (a) shall be forfeited and applied to the fine, costs, assessment, damages, expenses, or installment. The district court shall certify any remaining unpaid amount to the city attorney. The city attorney may enforce the lien by a foreclosure sale. The foreclosure sale shall be conducted in the manner provided and subject to the same rights as apply in the case of execution sales under sections 6031, 6032, 6041, 6042, and 6044 to 6047 of the Act.

(d)

Not less than 21 days before the foreclosure sale, the city attorney shall by certified mail send written notice of the time and place of the foreclosure sale to each person with a known ownership interest in or lien of record on the vehicle. In addition, not less than ten days before the foreclosure sale, the city attorney shall twice publish notice of the time and place of the foreclosure sale in a newspaper of general circulation in the county in which the vehicle was seized. The proceeds of the foreclosure sale shall be distributed in the following order of priority:

(1)

To discharge any lien on the vehicle that was recorded prior to the creation of the lien under subsection (a).

(2)

To the clerk of the court for the payment of the fine, costs, assessment, damages, and expenses that the defendant was ordered to pay under section 8727 of the Act.

(3)

To discharge any lien on the vehicle that was recorded after the creation of the lien under subsection (a).

(4)

To the owner of the vehicle.

(e)

Pursuant to section 8717 of the Act, the district court shall schedule a formal hearing in a trailway municipal civil infraction action if either or both of the following apply:

(1)

The trailway municipal civil infraction caused damage to a natural resource or facility.

(2)

The authorized city official impounded the vehicle operated in the commission of the trailway municipal civil infraction.

(Ord. No. 04-518, § 2, 9-27-04)