A. Violations: Any person violating any of the traffic or parking provisions set out in this code shall have committed an infraction unless other penalty is provided by state law, and, upon being found to have violated a provision of this code, shall be penalized as allowed by state law. (Ord. 104, 7-10-1996)
B. Fines: Any person violating any of the parking provisions set out in this code is assessed the following charges for each violation:
Parking: | ||
In a handicapped zone | $100.00 | |
In alley or in front of driveway | 15.00 | |
Over 30 minutes in loading zone | 15.00 | |
By a fire hydrant | 15.00 | |
Opposing traffic | 15.00 | |
Violation of parking lot use regulations | 25.00 | |
Parking on roadway | 25.00 | |
In a no parking zone | 15.00 | |
Other | 15.00 | |
(Ord. 104, 7-10-1996; amd. Res. 2012-01, 4-11-2012)
C. Citation Procedures: Any law enforcement officer or other person designated by the city observing any of the foregoing violations shall issue a ticket describing such violation and the charge assessed for the violation to the person committing the violation. Law enforcement is authorized to refrain from instituting a prosecution charging the person with an infraction or, where applicable, a misdemeanor if such person pays the charge herein assessed to the ticket track within fourteen (14) days of the violation.
D. Vehicle Ownership Prima Facie Evidence:
1. In any prosecution against the registered owner of a motor vehicle charging a violation of any regulation governing the standing or parking of a vehicle under any ordinance of the city, proof that the particular vehicle described in the complaint was parked in violation of any such ordinance, together with proof that the defendant named in the complaint was, at the time of parking, the registered owner of the vehicle shall constitute prima facie evidence that the registered owner of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which the violation occurred. For the purposes of this subsection, proof that a person is the registered owner of a vehicle is not prima facie evidence that the registered owner has violated any other provision of law. Proof of a written lease or of rental agreement for a particular vehicle described in the complaint on the date and time of the violation, which lease or rental agreement includes the name and address of the person to whom the vehicle is leased or rented, shall rebut the prima facie evidence that the registered owner was the person who parked or placed vehicle at the time and place where the violations occurred.
2. In any prosecution against the lessee or renter of a motor vehicle charging a violation of any regulation governing the standing or parking of a vehicle under any ordinance of the city, proof that the particular vehicle described in the complaint was parked in violation of any provision of this section, together with proof that the defendant named in the complaint was, at the time of parking, the lessee or renter of the vehicle, shall constitute prima facie evidence that the lessee or renter of the vehicle was the person who parked the vehicle at the point where, and for the time during which, the violation occurred. For the purposes of this subsection, proof that a person is the lessee or renter of a vehicle is not prima facie evidence that the lessee or renter has violated any other provision of this law.
3. Any charge under this section shall be dismissed when the person charged has made a bona fide sale or transfer of the vehicle, has delivered possession thereof to the purchaser, and has complied with the requirements of Idaho Code title 49, chapter 4 prior to the date of the alleged violation and has advised the court of the name and address of the purchaser and the date of the sale. (Ord. 104, 7-10-1996)