§ 54-34. Parking and traffic tickets.

(a)

Notice to violators; fines established. When any member of the police force of the city shall find that any of the provisions of any of the ordinances regulating traffic in and upon the streets and public highways of the city have been violated by the owner or operator of any vehicle, such officer may notify such owner or operator, in writing, of such violation, and it shall be the duty of such notified person to report at the traffic office of the city within 24 hours thereafter. Such notice shall be made in duplicate and shall show the specific violation, the state license number of such vehicle and the owner's name, if possible to obtain such name, and it shall be signed by such police officer, giving his badge number. One copy of such notice shall be given to the owner of such vehicle or his representative when found in charge of such vehicle, and in case such owner or his representative shall not be found in possession or in charge thereof, the posting of such notice in a conspicuous place upon the vehicle shall be deemed sufficient notice of such violation. It shall be the duty of such police officer to make a report to the traffic officer of the service of such notice, which report shall give the nature of the violation, the state license number of the vehicle and the name of the owner upon whom such notice was served, if possible to obtain such name. If such police officer cannot serve such notice upon the owner of such vehicle or his representative, such violation shall be reported to the traffic office and a notice of such violation shall then be served upon the owner, the mailing of such notice to the last and usual address of such owner being sufficient. The owner or operator of such vehicle who has been notified of the violation of any such traffic regulations shall, within 24 hours after having been notified, present himself, together with the notice, at the traffic office of the city, and if he so desires, plead guilty, and for the first violation of any traffic regulation shall pay to the chief of police or desk sergeant a fee of $1.00; for the second violation a fee of $2.00; and for the third violation a fee of $5.00. Thereafter, all violations must be prosecuted on affidavit in court.

(b)

Fines; enforcement.

(1)

The penalties in subsection (a) of this section do not apply to parking violations. There is hereby established a progressive fine system based on the age of a parking ticket. The initial violation fee shall be $20.00. The fine for said violation increases to $30.00 per ticket if not paid within 30 days of issue at which time a letter of notice will be sent. The fine increases to $50.00 per ticket if not paid within 30 days of the date of issuance of the letter of notice.

(2)

The enforcement of any parking ordinance shall be supported by an official letter of notice from the city police department to the violator after nonpayment of any parking tickets. If the violator fails to respond to the letter of notice from the police, a police officer may then impound the violator's vehicle until said tickets are paid. Storage and towing expenses shall be the sole liability of the vehicle owner. If a violator fails to pay a parking ticket after receipt of the letters from the police, and after a period of time no less than two months (60 days) from the date of issuance of the parking ticket, then the city may file legal action in the small claims docket of the county superior court to secure the fines and administrative cost due to the city and may secure ownership of the violator's vehicle through this action.

(c)

Processing fines; records. Upon payment of the fee provided for in subsection (a) of this section, the chief of police or desk sergeant shall issue a receipt to the owner of such vehicle or his representative, and it is hereby made the duty of the chief of police to keep a correct record showing the amount so paid, the date thereof, the number of the state license and the name of the owner, and shall designate the violation for which such fee is paid, and whether or not such violation is the first, second or subsequent violation by such owner. It is made the duty of the chief of police to account for all fees assessed and collected by him under the provisions of this section, and to pay such fees into the city treasury once each month.

(Code 1974, § 14-101; Ord. No. 2008-1, §§ 3, 6, 3-3-2008)