(A) Civil infraction. A person who violates or fails to comply with the requirements of this subchapter is responsible for a class three municipal civil infraction and subject to the civil fines set forth in the schedule of civil fines of the City of the Village of Douglas ordinance code and any other relief that may be imposed by the court.
(B) Grounds for impounding; removal and conveyance of CURVs; redemption of impounded CURVs; payment of fees under protest.
(1) In the event a CURV or the owner or operator of a CURV has been issued two or more civil infractions in two consecutive years, a CURV violating the requirements of this section may be removed and impounded by or under the direction of a person authorized by the City of the Village of Douglas by means of towing the same or otherwise. Before any owner or person in charge of any CURV towed by the City of the Village of Douglas is permitted to remove the same from the custody of the duly authorized department of the City of the Village of Douglas enforcing this subchapter, he or she shall furnish evidence of his or her identity and ownership, sign a receipt, and pay the cost of removal plus the cost of storage for the time the CURV is stored.
(2) It shall be the duty of the duly authorized officer or person of the City of the Village of Douglas in charge of any impounded CURV to inform, in writing, the owner, or person claiming an impounded CURV, of the nature and circumstances of the violation on account of which the CURV has been impounded. In case protest is made against the payment of any impounding or storage fee, the officer or person in charge shall note upon the receipt evidencing payment of the impounding and storage fees the words “paid under protest.” In that case, it shall thereupon be the duty of the duly authorized officer of the City of the Village of Douglas having knowledge of the facts forthwith to inform the City Manager, who shall institute proceedings in the court having jurisdiction for the City of the Village of Douglas, by charging the owner or driver of the CURV with that violation of this section of which the CURV was impounded. On the disposition of the cause in the court having jurisdiction for the City of the Village of Douglas, if the defendant is found not guilty, it shall be the duty of the City Treasurer to refund to the person the fees paid under protest.
(Ord. 169, passed 7-7-2003)