56-10 Amend Section 309.06, Hearing Porcedure

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time and place of the hearing. The hearing shall be held by the court in accordance with the rules of the court. Service of a notice of appeal under this Subsection by a person does not stay enforcement and collection of the judgment or default judgment from which appeal is taken by the person unless the person who files the appeal posts bond with the Parking Violations Bureau in the amount of the judgment, plus court costs, at or before service of the notice of appeal. Notwithstanding any other provision of law, the judgment on appeal of the Municipal Court is final, and no other appeal of the judgment of the Parking Violations Bureau and no appeal of the judgment of the Municipal Court may be taken. (E) A default judgment entered pursuant to this Section may be filed with the Municipal Court, office of the Clerk of Courts, Civil Division, under Subsection (C) of this Section at any time within three (3) years after the date of issuance of the parking ticket charging the Parking Infraction out of which the judgment arose. Shall be and is hereby amended to read as follows: 309.06. Hearing Procedure (A) If a person who is personally or constructively served with a parking ticket charging the commission of a Parking Infraction or who .receives a notification of such infraction, in their answer to the charge denies that they committed the infraction, the Hearing Examiner shall conduct a hearing to determine if the person committed the Parking Infraction. Each hearing shall be conducted by a hearing Examiner. Each hearing shall be conducted in such manner as the Hearing Examiner considers appropriate. Rules regarding the admissibility of evidence shall not be strictly applied in the hearing, but all testimony shall be under oath. (E) A default judgment entered pursuant to this Section may be filed with the Municipal Court, office of the Clerk of Courts, Civil Division, under Subsection (C) of this Section at any time within three (3) years after the date of issuance of the parking ticket charging the Parking Infraction out of which the judgment arose. This division applies to any ticket issued for an offense that would be a parking infraction on or after the effective date of this section, if the ticket was issued within three years prior to the effective date of this section and a warrant has not been issued and served on the operator or owner of the vehicle involved in the offense. Section 2. This Ordinance shall take effect August 1, 2010. -4-