A person charged with violating Section 9-64-040 recorded by a street sweeper camera may contest the charge through an adjudication by mail or at an administrative hearing limited to one or more of the following grounds with appropriate evidence to support and if supported by adequate evidence provided by the contestant, one or more of the following grounds shall be a defense to a violation of Section 9-64-040 recorded by a street sweeper camera:
(1) That the registered owner of the vehicle was issued a citation for a violation of Section 9-64-040; or
(2) That the violation occurred at any time during which the vehicle or its state registration plates were reported to a law enforcement agency as having been stolen and the vehicle or its plates had not been recovered by the owner at the time of the alleged violation; or
(3) The vehicle was leased to another and, (i) within 60 days after the violation notice was received by the owner, the owner submitted to the department of finance the correct name and address of the lessee of the vehicle identified in the violation notice at the time of the violation; or (ii) the violation notice was received by the owner more than 120 days after the alleged violation. Where the lessor complies with the provisions of this section, the lessee of the vehicle at the time of the violation shall be deemed to be the owner of the vehicle for purposes of this chapter. The department of finance, within 30 days of being notified by the lessor of the name and address of the lessee, shall mail the lessee a violation notice which contains the information required under Section 9-105-030. For the purposes of this chapter, the term "leased vehicle" shall be defined as a vehicle in which a motor vehicle dealership or manufacturer has, pursuant to a written document, vested exclusive possession, use, control and responsibility of the vehicle to the lessee during the periods the vehicle is operated by or for the lessee; or
(4) That the facts alleged in the violation notice are inconsistent or do not support a finding that Section 9-64-040 was violated; or
(5) That the respondent was not the registered owner or lessee of the cited vehicle at the time of the violation; or
(6) That appropriate signage was not posted at the time the vehicle was parked.
(Added Coun. J. 7-30-08, p. 34899, § 1; Amend Coun, J. 11-16-11, p. 13798, Art. I, § 7)