(A) Parking a civil traffic violation; definition. Violations of any provision of any town ordinance or provision of this code which regulates the time, place or method of parking is a civil traffic violation. PARKING means the standing of a vehicle, whether occupied or not.
(B) Parking violations; persons liable.
(1) It is unlawful for a vehicle to be parked in violation of any town ordinance or provision of this code regulating the time, place or method of parking. Violations of any town ordinance or provision of this code regulating the time, place or method of parking which are continuous in nature shall constitute a separate and distinct violation.
(2) Whenever a vehicle is parked in violation of a town ordinance or provision of the code regulating the time, place or method of parking, the owner or owners of the vehicle, the registered owner or owners of the vehicle and the person who parked or placed the vehicle where the violation occurred, shall be jointly and individually liable for the violation and for the civil sanction prescribed herein.
(3) A vehicle parked in contrary to or inconsistent with any town ordinance or provision of this code regulating the time, place or method of parking which provides that “no person” may stop, stand or park a vehicle at a designated location or contrary to any limitations, restrictions or other provision regulating the time, place or method of parking is deemed to be parked in violation of the ordinance or the provision of this code.
(4) Whenever a motor vehicle is parked upon the public right-of-way or other property in violation of this code and the vehicle has previously been the subject of five or more violations of the parking provisions of this code within a 12-month period but the civil sanctions prescribed under the code for those violations have not been satisfied, then the vehicle shall be deemed to constitute a public nuisance and the owner of the vehicle consents to immobilization, towing and impoundment of the vehicle. A possessory lien is hereby created and attached to the vehicle for the payment, in cash or its equivalent, of all current and accumulated parking tickets and for reasonable costs associated with immobilization, towing and impoundment, before the vehicle is released.
(C) Parking notice, issuance.
(1) In an action involving unlawful parking, a copy of the notice need not be personally served upon the owner or operator of the vehicle but may be served by attaching a copy to the vehicle.
(2) The notice shall include the date, time, location of the violation, the state license number of the vehicle unlawfully parked, reference to the town code violated and notice that within five working days from the date on which the notice was issued the sanction for the violation must be paid and received by the town or a request made and received by the town for a hearing to contest the alleged violation.
(D) Response to parking notice. Within five working days from the day on which the notice was issued, the person or persons liable for the parking violation shall respond to the notice by one of the following methods:
(1) By appearing in person, by representation, by deposit in a town collection box or by mail to the town within the five-day period, admitting responsibility for the violation and paying the civil sanction prescribed for the violation;
(2) By contacting the town in person, by representation, by mail or by deposit in a town collection box within the five-day period a request for a hearing to contest the alleged violation; or
(3) By appearing in person at the town court and requesting an initial appearance before a hearing officer to explain the circumstances of the alleged violation. The hearing officer at the initial appearance may accept the defendant's explanation and dismiss the notice of violation or shall inform the defendant that the civil sanction must be paid or a request must be made for a civil traffic hearing to contest the alleged violation.
(E) Schedule of fines.
(1) The list of violations and fines in the Town of Florence Schedule of Fees are the minimum fines that may be imposed when the defendant responds to the notice in a timely manner. Any vehicle parked in violation of a town ordinance or other provision of this code other than those in the schedule of fees shall cause the person or persons liable for the violation to be assessed a minimum fine of $10.
(2) Each occurrence or day that the violation continues shall constitute a separate violation and shall give rise to a separate fine.
(F) Civil traffic complaints; hearings.
(1) If a defendant has not made a timely request for a hearing pursuant to divisions (D)(1) or (D)(2) above, or has failed to timely respond to the notice and has not paid the fine as requested by division (D)(1) above, a civil traffic complaint and summons will be issued by the town court unless the town prosecutor determines that a complaint shall not be requested.
(2) Failure to respond to a civil traffic complaint and summons will result in a default judgment for the amount of the fine.
(3) A civil traffic hearing for a parking violation may be heard by a civil-traffic hearing officer pursuant to applicable state statute and the Arizona Supreme Court Rules of Procedure in civil traffic violation cases. The hearing officer may make the orders as may be necessary and proper to dispose of the cases.
(Prior Code, Ch. 17, Art. II, § 17-43) (Ord. 204-95, passed 10-16-1995) Penalty, see § 10.99