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Article 1. This Self-Government Ordinance is formulated by Taichung City for the pur-poses of government-owned parking facilities management.
Article 2. The competent authority of this Self-Government Ordinance is the Transporta-tion Bureau of Taichung City Government (hereinafter referred to as“the Bu-reau”).
Article 3. Parking facilities in this Self-Government Ordinance refer to government-owned roadside parking facilities and off-road parking facilities managed by the Bureau, and parking facilities established by government authorities and schools and available
for public use at a charge.
Article 4. Except in accordance with other relevant regulations, government-owned park-ing facilities cannot be occupied by non-vehicles.
Article 5. The following situations shall be prohibited for use of government-owned park-ing facilities:
1.Parking any vehicle in the same parking space for more than seven days in a roadside parking facility or for more than 15 days in an off-road parking facility, except if the parking charge to park in an off-road parking facility has been paid.
2.Vehicles featuring exterior advertisements parked for more than one day in curb-side parking lots and off-street parking lots.
3.Running a business in an off-street parking lot.
4.Not following the directions of the designated parking space when parking a vehicle.
5.Not following the rules of payment of parking charges or being in arrears with parking fees.
6.The vehicle falls under any of the following circumstances:
(1)Does not have a license plate.
(2)Is a self-assembled vehicle without a license plate or is a vehicle with altered specifications or purpose of use after its license plate has been issued.
(3)Has a forged or altered license plate or a license plate collected using a fake ID.
(4)Has a revoked or void license plate.
(5)Has a loaned license plate or has a license plate from another vehicle.
(6)Has a suspended license plate.
(7)Does not have its license plate displayed or has one that is displayed in a non-designated location.
(8)Has a cancelled, suspended, revoked, or void license plate.
(9)Has been declared as no longer in operation.
7.A notice is issued by the Bureau to remove a vehicle parked in a government-owned parking facility due to special circumstances and failure to leave the site in a timely manner.
8.Parking any vehicle in a parking facility established by a government authority or school and available for public use at a charge for more than one day on weekdays or three days on weekends or holidays.
Article 6. In any of situations listed in the first subparagraph of the preceding article, the Bureau shall post a clearance notice in a conspicuous place of the vehicle exterior ordering the vehicle owner or user to remove the vehicle from the government-owned
parking facility, and take photographs of the vehicle and file a record. If the owner or user does not follow the order, the vehicle shall be removed and impounded.
Article 7. In any of situations listed in the second subparagraph to the fifth subparagraph of Article 5, the Bureau may order the user to move his/her vehicle to a suitable place. If the user does not move his/her vehicle or is not inside the vehicle, the
Bureau may take photographs of the vehicle, file a record, and then remove the vehicle and impound it.
Article 8. Any use of roadside parking facilities under subparagraph 6, Article 5 shall be handled by the Police Department of Taichung City Government in accordance with the procedure under paragraphs 3 and 4, Article 12 of the Road Traffic Management and
Penalty Act.
Any use of off-road parking facilities under subparagraph 6, Article 5 shall be subject to the Bureau’s order to the vehicle user or owner to relocate the vehicle to a suitable location. If the vehicle is not moved or if there is no one inside
the vehicle, the Bureau may move the vehicle and keep it in custody after taking photographs and filling out a record form.
Any use of government-owned parking facilities under subparagraph 7 or 8, Article 5 is subject to the affixation of a notice by the Bureau in a conspicuous location on the body of the vehicle, requiring the vehicle user or owner to remove the
vehicle from the government-owned parking facility before the notified deadline, with photographs taken and a record filed. The vehicle shall be relocated and placed in custody if it is not removed before the deadline.
Article 9. Any vehicle placed in an off-road parking facility occupying a parking space in breach of Article 4 and obstructing the use of the parking facility or posing a risk to public safety shall be deemed abandoned and shall be confiscated in accordance
with waste disposal legislation if the offender fails to move the vehicle in a timely manner in accordance with the Bureau’s demand or if the offender is not present onsite.
Article 10. When moving a vehicle, the Bureau shall attach a seal on the door of the vehi-cle and take photographs as evidence. On the site where the vehicle was parked or on an appropriate surrounding area the Bureau shall use colored chalk to state that
the vehicle has been towed, the current location of the vehicle, and contact telephone number. The Bureau shall mark the time of towing and cur-rent location of vehicle on the container or bracket of tractor full-trailers, tractor semi-trailers, and trailers.
Article 11. When removing a vehicle in accordance with Article 6 and Article 7, the Bureau shall issue a notice of removal to the administrator of vehicle storage facility for collecting the removing charges, impounding charges, and any unpaid parking fees.
If the vehicle under the previous paragraph is not collected five days after it has been taken into custody, management personnel shall request the management authority to verify the vehicle owner by providing the engine number and license plate
number and issue a notice for the vehicle to be collected before a deadline. If the vehicle owner cannot be identified, the management authority shall make a public announcement. If the vehicle is not collected three months after such an-nouncement, it shall
be handled in accordance with the law.
Where a vehicle has been auctioned, revenues from the auction shall be deposit-ed pursuant to the law after removal charges, impounding charges, and any un-paid parking fees have been covered.
Article 12. The provisions of the Taichung City Self-Government Regulations on the Im-poundment of Vehicles Involved in Traffic Violations apply mutatis mutandis to the vehicle relocation fee and custody fee under the previous article.
Article 13. Before the impounded vehicle is returned to the person retrieving it, custodial personnel shall check first the certificate of the vehicle ownership, removing charges, custodial charges, and parking fee receipts.
In case of a vehicle under the previous paragraph breaching subparagraph 5, Ar-ticle 5, overdue parking charges shall be paid off before the vehicle is collected.
Article 14. When the Bureau relocates a vehicle in accordance with Article 8 and the vehicle is not collected five days after being placed into custody, the Bureau shall seek to identify the vehicle owner. If the vehicle is not collected in a timely manner
after a notice is issued for collection before a deadline or if the vehicle owner cannot be identified, a public announcement shall be made for three months. If the vehicle remains uncollected after three months, the vehicle shall be auctioned by the Bureau.
The proceeds from the auction shall be used to pay for the relocation fee, custody fee, fines, and other necessary charges in that order, and any remaining balance shall be deposited in accordance with the law.
If an uncollected vehicle under the previous paragraph is deemed as an abandoned vehicle in accordance with Article 2 of the Regulations for the Determination Standards and Reporting of Abandoned Vehicles Occupying Roadways, it shall be confiscated
in accordance with the Waste Disposal Act and other applicable regulations.
Before a vehicle is auctioned under the first paragraph, the owner may submit documents of proof and pay the relocation fee and custody fee to seek the return of the vehicle.
Article 15. Removed or confiscated vehicles and waste shall be impounded in designated locations. Such locations shall be publicly announced.
The Bureau may rent private towing trucks and impound lots to manage the impounding and confiscation of vehicles and waste.
Article 16. Custodial personnel of impound lots shall prepare impounding records to doc-ument in detail the license plate number, engine number, car model, location of impound, time of impound, charges, and auction information, etc. After regis-tering the
name, address, and ID number of the person who claims the vehicle, the record shall be signed or sealed by the claimant. Custodial personnel shall fill in sufficient information to verify the nature, impound location, time of im-pound, charges, and auction
information, etc. of any confiscated non-vehicle items, register the name, address, and ID number of the person who claim such items, and the record shall be signed or sealed by the claimant as above.
Impound records in the preceding paragraph shall be kept for three years.
Article 17. Where a removed or impounded vehicle has been damaged or lost due to wilful intent or negligence of personnel responsible for removing or impounding said vehicle, the aggrieved party retains the right to claim compensation.
Any compensation in the preceding paragraph shall be claimed in accordance with the Taichung City Self-government Regulations on the Impoundment of Vehicles Involved in Traffic Violations.
Article 18. The use of any off-road parking facility by any vehicle user or owner in breach of subparagraphs 2 to 4 or subparagraph 8, Article 5 shall be penalized by a fine of between NT$600 and NT$1,200. Multiple penalties may be imposed for multiple offenses.
Article 19. The required format of documents under this Ordinance shall be separately determined by the Bureau.
Article 20. This Self-Government Ordinance is effective from the date of publication. |