(A) It shall be the duty of police officers of the city, acting in accordance with instructions issued by the Mayor, to report:
(1) The location where the vehicle occupying the parking space is or has been parking in violation of any of the provisions of this chapter;
(2) The state license number of such vehicle;
(3) The time during which such vehicle is parking in violation of any of the provisions of this chapter; and
(4) Any other facts, a knowledge of which is necessary to a thorough understanding of the circumstances attending such violation.
(B) Each such police officer or parking enforcement officer shall also attach to such vehicle a notice to the owner or operator thereof that such vehicle has been parked in violation of a provision of this chapter. Each owner or operator shall pay to the city, as a penalty for such parking violation set forth in § 72.31, the sum of $20; provided, however, that if that sum is not paid within seven days after the date of the notice, the penalty shall be increased to the sum of $30. In addition to the fines set forth above, any vehicle having three unpaid parking violations, the fines for which remain unpaid, in excess of 30 days after the date of issuance that is found parked in a public place is subject to being restrained by having a wheel boot installed by employees of the city, until such time as all outstanding fines and fees are paid in full. In addition, there shall be a $25 fee for removal of the wheel boot. The Chief of Police shall have the discretion to determine whether or not motorcycles and/or any other vehicles shall be towed to safe storage in lieu of using the wheel boot for violations of this section. The vehicle shall be released only after payment of all outstanding fines and fees, the issuance of a release document by the City Police Department and/or the City Clerk-Treasurer’s office, and the payment of any costs incurred for the towing and storage of the vehicle.
(C) It shall be the duty of the Police Department to notify the State Bureau of Motor Vehicles of the name and other identifying information of the owner or operator of any vehicle that violates this chapter when the penalty as set forth herein shall remain unpaid for a period of more than 30 days after the violation requesting that said owner or operator’s driving privileges within the state be suspended until payment of said fines.
(D) Any person violating any section of this chapter, except § 72.31, shall pay, as a penalty, the sum of $50. The failure to make payment of such fine within 72 hours shall render such person subject to the penalties prescribed in division (C) above.
(E) Any person violating § 72.32 shall be subject to the following enforcement and penalty provisions:
(1) Citations.
(a) Any person who parks or stores a vehicle in violation of this section may be issued a citation and order for abatement by the designated enforcement entity. This section is listed as one under the jurisdiction of the Ordinance Violations Bureau.
(b) A warning citation may be issued for a violation of this section. The warning citation shall be worded so as to sufficiently identify the premises and the nature of the violation. If the premises owner or person being cited fails to correct the violation in the time allotted by a police officer, then a citation and order of abatement shall be issued. The issuance of a warning citation is not required and shall not be a prerequisite to the issuance of a citation and order for abatement. There shall be no right of appeal from the issuance of a warning citation.
(c) Whenever a police officer determines there has been a violation of this section, a citation and order of abatement shall be given to the owner or the person or persons responsible. The citation and order of abatement must be in writing, include the parcel address where the violation occurred, include a statement of the violation or violations and sections violated and why the citation is being issued and actions necessary to correct the violation, and include a notice stating that the violator must pay the fine to the Ordinance Violations Clerk within 72 hours, excluding Saturday, Sunday, and legal holidays.
(d) If the violation is deemed to be a threat to public health or safety by the police officer, the police officer, or his or her designee, may order the parking or storage activity to cease and desist immediately, regardless of whether a warning ticket or citation has been issued.
(e) The citation and order of abatement shall be in a form approved by the Board of Public Works and Safety and shall be deemed properly served if a copy is sent by certified return receipt mail, hand delivered by an employee of the city, placed in a conspicuous place on the property where the violation occurred, or by any other method of service acceptable pursuant to I.C. 1-1-7-1.
(f) The citation shall contain language advising that a person who receives one may elect to stand trial rather than pay the fine. In order to do so, a person receiving the citation must return a copy of the citation with 72 hours to the Ordinance Violations Bureau Clerk advising of his or her intent to stand trial. The Ordinance Violations Bureau Clerk shall inform the City Attorney of all such intents received.
(2) Remedies. If a person fails to pay the fine within 72 hours and fails to give notice within 72 hours of his or her intent to stand trial, the vehicle in question may be towed by the City Police Department at the owner’s expense. In addition, the City Attorney may commence enforcement activities, up to and including the filing of a civil lawsuit and/or pursue any other legal remedies at the city’s disposal.
(3) Fines and penalties.
(a) Each day a violation remains uncorrected is a distinct and separate violation subject to an additional citation and fine in the amount prescribed below.
(b) The monetary fine for each violation shall be $50, except that for repeated violations within 12 consecutive months, the following fines shall apply:
Second citation: | $150 |
Each citation in excess of two: | $250 |
(c) A person adjudged to have committed a violation of this section is liable for the court costs and attorney fees. No costs shall be assessed against the enforcement agency in any such action.
(Prior Code, § 42.51) (Ord. 1949-6, passed 4-6-1949; Ord. 1968-7, passed 3-7-1968; Ord. 1978-21, passed 12-14-1978; Ord. 1988-1, passed 2-11-1988; Ord. 1996-4, passed 5-9-1996; Ord. 1996-18, passed 9-26-1996; Ord. 2000-6, passed 6-22-2000; Ord. 2003-2, passed 2-27-2003; Ord. 2004-22, passed 8-26-2004; Ord. 2009-13, passed 5-27-2009; Ord. 2019-3; passed 3-27-2019; Ord. 2019-25, passed on 5-13-2020)