SECTION:
10.27.010: Violation Of Traffic Or Parking Provisions Of This Code; Penalty
10.27.020: Charges For Violation
10.27.030: Vehicle Ownership As Evidence
10.27.040: Failure To Pay Civil Penalty For Parking Violation
10.27.050: Appeal
10.27.060: Removal, Obstruction, Or Other Destruction Of Parking Marks
A violation of any of the traffic provisions set out in this code shall be an infraction unless another penalty is provided by state law, and, upon being found to have violated a traffic provision of this code, shall be penalized as allowed by state law.
A violation of any of the parking provisions set out in this code shall be punishable by a civil penalty in an amount established by resolution of the city council as set forth in and enforced pursuant to section 10.27.020 of this chapter.
Nothing in this section shall limit the ability of the city to impound vehicles as set forth in section 10.28.010 of this title. (Ord. 3508, 2015)
A. Any person violating any of the parking provisions set forth in this code shall be assessed a civil penalty for each violation. The civil penalties for each violation shall be established by resolution of the city council.
B. Any police officer, or other person(s) designated by the city or chief of police, observing any parking violation shall issue a ticket describing such violation and the charge assessed for the violation to the person committing the violation. The ticket shall be payable to the city of Coeur d'Alene within ten (10) days of the violation. Failure to pay the civil assessment set forth on the parking ticket shall result in further action being taken by the city as set forth in section 10.27.040 of this chapter. (Ord. 3508, 2015)
A. In any prosecution against the registered owner of a motor vehicle charging a violation of any regulation governing the standing or parking of a vehicle under any ordinance of the city of Coeur d'Alene, proof that the particular vehicle described in the complaint was parked in violation of any such ordinance, together with proof that the defendant named in the complaint was, at the time of parking, the registered owner of the vehicle, shall constitute prima facie evidence that the registered owner of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred. For the purposes of this subsection, proof that a person is the registered owner of a vehicle is not prima facie evidence that the registered owner has violated any other provision of law. Proof of a written lease or of rental agreement for a particular vehicle described in the complaint on the date and time of the violation, which lease or rental agreement includes the name and address of the person to whom the vehicle is leased or rented, shall rebut the prima facie evidence that the registered owner was the person who parked or placed vehicle at the time and place where the violations occurred.
B. In any prosecution against the lessee or renter of a motor vehicle charging a violation of any regulation governing the standing or parking of a vehicle under any ordinance of the city of Coeur d'Alene, proof that the particular vehicle described in the complaint was parked in violation of any provision of the ordinance, together with proof that the defendant named in the complaint was, at the time of parking, the lessee or renter of the vehicle, shall constitute prima facie evidence that the lessee or renter of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred. For the purposes of this subsection, proof that a person is the lessee or renter of a vehicle is not prima facie evidence that the lessee or renter has violated any other provision of this law.
C. Any charge under such ordinance shall be dismissed when the person charged has made a bona fide sale or transfer of the vehicle, has delivered possession thereof to the purchaser, and has complied with the requirements of chapter IV, title 49 of the Idaho Code prior to the date of the alleged violation and has advised the court of the name and address of the purchaser and the date of the sale. (Ord. 1798 §1, 1983)
A. In the event any person fails or refuses to pay the civil penalty assessed for a parking violation, the city shall take such action as is necessary for collection of the civil assessment.
B. Collection actions may include, but are not limited to, initiating collection procedures via a debt collection service, filing a civil lawsuit for collection of the unpaid penalty(ies), and subject to subsection C of this section, filing a misdemeanor complaint. Provided, further, the city shall be entitled to all fees, costs, and attorney fees incurred in the collection of such fees and, upon entry of judgment, the city shall have each, every, and all rights of enforcement of a judgment as provided by Idaho Code.
C. The failure to pay four (4) or more civil penalties assessed for a parking violation shall constitute a misdemeanor as provided in section 1.28.010 of this code. (Ord. 3282 §23, 2007: Ord. 3257 §2.19, 2006: Ord. 3226 §4, 2005)
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