Procedures and instructions for Ordinance Violations Bureau system include the following.
(A) For police officers:
(1) This chapter sets forth the following lists of ordinances that, upon violation, may result in citations and fines to be paid at the Clerk-Treasurer’s office.
(2) Upon witnessing a listed ordinance violation, police officers shall do the following:
(a) Fill out the front side of uniform traffic ticket (“UTT”) and omit the court date portion at the bottom;
(b) Complete the fine amount and the date to be paid on the separate form provided with the Clerk-Treasurer’s name at the top and the directions to his or her office;
(c) Inform the individual that he or she may pay the fine at the Clerk-Treasure’s office or by mail by completing the back side of the Clerk-Treasurer’s form and enclosing a money order or cashier’s check for the amount of the fine on and before the date on the front side of the form. If he or she wishes to deny the ordinance violation, he or she must go to the Clerk-Treasurer’s office or send a letter before the date that the fine is due to be paid;
(d) At the bottom of the UTT, put the date the fine is due instead of the court date, so he or she will have to write in the date the fine is due 20 days from the date and attempt to get the signature of the alleged ordinance violator;
(e) Mark out with an “X” the reverse side of the UTT and show him or her that his or her rights are on the Clerk-Treasurer’s form;
(f) Process your paperwork immediately through police channels to the Clerk-Treasurer’s office; and
(g) Send a copy of the UTT to the Town Attorney’s office.
(B) The Clerk-Treasurer and staff shall:
(1) Accept the payment of fines in person or by mail with cash or its equivalents, i.e., cashier’s check, certified check, money order (personal checks or partial payments shall not be accepted); issue a receipt and account on the appropriate ledger sheets; process the payment of fine; maintain a record keeping system of all documents for all paid citations;
(2) If a letter is received denying the violation or an individual appears at the office denying the violation and requesting a trial, take the form that has three paragraphs entitled “denial violation, failure to admit or deny violation, and order to appear” and complete the first paragraph. If the individual is present, have them sign and witness the signature. If it is received in writing, put “see attached letter” and attach the letter to the denial of violation form. Make a copy of the denial of violation form, the complaint (UTT), and send to the Town Attorney for filing with the Clerk of the County Superior Court; and
(3) If there is a failure to admit or deny the violation within the time period that the officer has given the alleged violator to pay the fine, fill in the “failure to admit or deny violation” paragraph and send the complaint to the Town Attorney for filing in County Superior Court.
(C) County Superior Court Personnel are instructed to:
(1) Assign a trial setting date for any Ordinance Violations Bureau citation where a trial has been requested to where there has been a failure to pay in the appropriate time period; and
(2) Deliver to the Town Attorney’s office and to the defendant an executed copy of the “order to appear” form.
(Ord. 97-11, passed 12-1-1997)