(A) The provisions contained in this chapter apply to all vehicles, whether they are self-propelled, animal drawn or towed, except for:
(1) Emergency vehicles when responding to an emergency call or in pursuit of an alleged law violator;
(2) Highway construction vehicles when engaged in construction work; and
(3) Other vehicles that are exempt from municipal parking ordinances under applicable law.
(B) Any police officer of the City of Frankfort or parking control officer designated as such by the Board of Public Works and Safety of the City of Frankfort, who observes the violation of any provision of this chapter shall attach to the offending vehicle a notice to the owner/operator thereof that such vehicle has been parked in violation of same and advising that such person may, within 30 days from the date of such notice, pay to the Ordinance Violations Bureau of the City of Frankfort, as a fine for and in full satisfaction of such violation, the sum of $20; that if the violation is a second or third such offense within the same calendar year, the fine will be $40 for the second such offense and $100 for the third or subsequent such offense within the same calendar year; that, upon the failure of the owner/operator to make such payment within the 30-day period, collection of the fine, together with court costs, will be pursued through the civil court process.
(C) Whenever a member of the Police Department or other person charged with the enforcement of this chapter finds that any section or sections are being violated or have been violated by the owner or operator of any vehicle, he or she shall notify the owner or operator of such vehicle, in writing, on a form to be provided by the city, of such violation.
(1) The notice shall:
(a) Be made in duplicate;
(b) Be serially numbered;
(c) Show the specific violation charged;
(d) Show the registration or state license number of the vehicle involved;
(e) Show the violator’s name, address, and operator’s license number, if possible to obtain the same; and
(f) State any other information which the officer may then and there discover.
(2) One copy of the notice shall be presented to the violator, owner or operator of such vehicle. In case such violator, operator or owner shall not be in possession of the vehicle, the posting of such notice or the attachment thereof to a conspicuous place on such vehicle shall be deemed a sufficient notice of such violation. The notice shall specify the amount of the fine and shall state that the fine shall be paid to the Ordinance Violations Bureau. The notice shall also provide the address of the Ordinance Violations Bureau where the fine may be paid in person or by mail; that if the fine is not timely paid, the fine will be collected, together with court costs, through the civil court process. The officer serving such notice shall file the duplicate copy in the office of the Ordinance Violations Bureau.
(D) If a motor vehicle is determined to have been parked continuously for a period of 48 hours in violation of any provision of this chapter, the city may authorize such vehicle to be towed to an automobile salvage yard or to a city owned or leased area with the cost of such tow to be paid by the vehicle owner in addition to any fines.
(E) If it appears from the City Court records that three judgments concerning a motor vehicle have not been paid before deadlines established by this chapter, the Clerk of the Court, pursuant to I.C. 9-30-11-3, shall send a notice to the person who is the registered owner of the motor vehicle informing such person as follows:
(1) That the clerk will send a referral of non-payment to the Indiana Bureau of Motor Vehicles if the judgments are not paid within 30 days after a notice was mailed.
(2) That the referral will result in the suspension of the motor vehicle’s registration if the judgments are not paid.
(F) All fines received by the City Court for violations of this chapter shall be deposited into the city’s General Fund pursuant to applicable law.
(Ord. CO-13-17, passed 3-10-14)