(A) Definitions. PERSON, as used in this section, means, as applicable, a human being, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority, or an individual or entity capable of holding a legal or beneficial interest, or delegated authority in property.
(B) Applicability.
(1) The provisions of this section shall apply to all parking violations where a notice of violation is issued.
(2) The provisions of this section shall apply to the driver of any vehicle owned by or used in the service of the United States government, state, county or city, and it shall be unlawful for any such driver to violate any of the provisions of this chapter, except as otherwise permitted in this chapter or by state statute.
(C) Presumption.
(1) In any prosecution charging a violation of any of the provisions of Title 28 of the Arizona Revised Statutes or the El Mirage City Code governing the standing or parking of a vehicle, the person in whose name such vehicle is registered shall be prima facie responsible for such violation and subject to the penalty for the violation.
(2) The provisions of division (C)(1) of this section shall apply to those persons in whose names such vehicle is jointly registered. The person shall be jointly and severally prima facie responsible for such a violation and subject to penalty for the violation.
(D) Payment of penalty fee upon receipt of notice of violation.
(1) Any person who becomes aware that a notice of violation has been issued with respect to an alleged violation of any provision of this section may, in lieu of court proceedings, pay the base penalty fee set by the City of El Mirage within 30 days of the date of violation indicated on the notice of violation.
(2) If the owner or operator of a vehicle for which a notice of violation has been issued fails to pay the base penalty fee indicated above, or request a hearing as provided in division (D)(3) of this section within 30 days from the date the notice of violation was issued, an additional penalty fee shall be added to the base penalty fee.
(3) The owner or operator of a vehicle for which a notice of violation has been issued may contest the violation by requesting a hearing. The request for hearing must be in writing and shall be submitted to the Clerk of the Court within 30 days of the date of the notice of violation. The City Court may require that the request for hearing be made as ordered by the City Court.
(4) If the owner or operator of a vehicle for which a notice of violation has been issued fails to pay the amount of the base penalty fee, or request a hearing within 30 days of the issuance of the notice of violation, then a summons and complaint shall be issued to the registered owner or the vehicle. The summons and complaint for a parking violation shall be issued within 60 days from the date of the notice of violation. The summons shall command the registered owner to appear in the City Court on a date and time provided.
(5) When a person is found responsible for a violation by a Judge or a Hearing Officer, whether by default or after a hearing, the Judge or Hearing Officer shall impose a civil sanction for the violation, which shall be not less than the amount of the base penalty fee, as indicated in division (D)(1) of this section, any additional penalty fee for the violation as provided in division (D)(2) of this section, if applicable, and any additional fees, surcharges and penalties required by state, federal, or local laws.
(6) A civil sanction imposed pursuant to division (D)(5) of this section shall be a civil judgment. Such judgment may be recovered by the city as any other civil judgment including any applicable fees and charges as provided in Title I, Chapter 10 of the El Mirage City Code.
(E) Procedure.
(1) The rules of procedure in civil traffic violation cases shall apply to determinations of whether or not a person is responsible for an offense under this section, unless otherwise expressly provided.
(2) An action or proceeding brought before the City Court alleging a civil traffic violation may be commenced by the filing of a summons and complaint; which may be served in person, or by regular mail to the address provided to the Arizona Department of Transportation by the person made responsible for the alleged violation of the applicable statute or ordinance; or by the use of an Arizona traffic ticket and complaint. If the proceeding is commenced by summons and complaint, the complaint may be signed by any Police Officer or any other duly authorized agent of the Police Department. Service of the summons and complaint is complete on mailing.
(3) Any person receiving a notice of violation may request and receive a hearing prior to the filing of a summons and complaint, as provided in Title I, Chapter 10 of the El Mirage City Code.
(F) Enforcement generally.
(1) It shall be the duty of each individual who is authorized to issue notice of violations to keep account of all violations of this section and to take the following actions:
(a) Identify the violation and the employee who issued the violation;
(b) Report the date, time and location of the violation;
(c) Report the State license plate number of any vehicle that is in violation of this section;
(d) Report any other facts, or knowledge which is necessary to a thorough understanding of the violation and its attending circumstances;
(e) Additional information may be included with the citation but is not required. Citations which contain the information in division (F)(1) (a) through (d) of this section shall be considered valid, notwithstanding information otherwise not provided on the citation; and
(f) Attach to a vehicle that is unlawfully parked a notice of violation that includes the date, time and location of the violation; the state license plate number of the vehicle; and the violation. Attachment may be accomplished by placing the citation under the windshield wiper or other place that is reasonably visible to a driver.
(2) The notice of violation will be in writing and will inform the person owning or operating the vehicle of the violation of the base penalty fee and of the additional penalty fee that may be incurred by failing to pay the base penalty fee with 30 days of the date of the notice of violation. The notice will also state that failure to pay the base penalty fee within the required time period will result in the filing of a summons and complaint in City Court.
(3) A copy of the notice of violation need not be personally served upon the owner or operator of the vehicle that is the subject of the violation, but may be served by attaching a copy of the notice of violation to the vehicle.
(4) The following individuals are authorized to issue notices of violation in accordance with the provisions of this section:
(a) City employees who are employed as Police Officers and Code Enforcement Officers;
(b) Other city employees who are authorized by the Chief of Police, in writing, and identified either as a group, by job title, or designated individually to issue notices of violation. Written authorizations pursuant to this subsection shall be filed in the office of the City Clerk; and
(c) The Chief of the Fire Department or authorized designee.
(O17-02-02, passed 2-7-2017; R17-02-04, passed 2-7-2017)