§ 54-107. Parking violation and compliance violation notices.  


Latest version.
  • (a)

    Any officer or employee of the village designated by the police chief or otherwise authorized by this Code to issue vehicle parking violations or compliance violations who detects a violation of any section of this Code restricting or prohibiting standing, parking or governing the condition or use of equipment on a vehicle or governing the display of a village vehicle (wheel tax) license, shall issue and serve a vehicle parking violation or compliance violation notice by either affixing it to an unlawfully parked vehicle or handing it to the operator of such vehicle if he is present.

    (b)

    Any person authorized to issue and serve vehicle parking violation or compliance violation notices shall certify as to the correctness of the facts entered on the vehicle parking violation or compliance violation notice by signing his name at the time of service or, in the case of a notice produced by a computerized device, by signing a single certificate to be kept by the traffic compliance administrator attesting to the correctness of all notices produced by the device while it was under his control.

    (c)

    The original or a facsimile of the violation notice or, in the case of a notice produced by a computerized device, a printed record generated by the device showing the facts entered on the notice, shall be retained by the traffic compliance administrator, and shall be a record kept in the ordinary course of business.

    (d)

    A parking violation or compliance violation notice issued, signed and served in accordance with this section, a copy of the notice, or the computer generated record shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the notice. The notice, copy, or computer generated record shall be admissible in any subsequent administrative or legal proceedings.

    (e)

    The parking violation or compliance violation notice shall specify:

    (1)

    The date, time and place of the parking violation or compliance violation;

    (2)

    The particular regulation violated;

    (3)

    The fine and penalty that may be assessed for any late payment;

    (4)

    The vehicle make and state registration number;

    (5)

    The identification number of the person issuing the notice;

    (6)

    That the payment of the indicated fine, and of any applicable penalty for late payment, shall operate as a final disposition of the violation;

    (7)

    Information as to the availability of a hearing in which the violation may be contested on its merits; and

    (8)

    The time and manner in which a hearing may be had.

(Ord. No. 2008-78, § 3(36-36), 10-13-2008)