A. Citations; Appearance Of Violators:
1. Issuance Of Citation: The chief of police is hereby authorized and directed to supply police officers with citation books for the purpose of giving notice to persons violating any provisions of this title. Such notice may be given by delivering such citations to the violator or by affixing it to the vehicle by means of which the violation occurred. Such citation shall direct the violator to appear and to present such citation at a designated place on or before a date and hour specified thereon. Failure to appear as directed by the citation is a violation of this title and punishable by fine. Nothing in this section shall be construed to abridge the power of a police officer to arrest any violator and take him into custody.
2. Failure To Comply With Citation: If a violator of any provision of this title who has been given a citation as provided above fails to appear in accordance with the instructions on such citation, the chief of police or his authorized agent shall send to the owner of the vehicle involved a letter or other written notice, or both, informing him of the violation and warning him to appear as directed and that, in the event such letter or notice is disregarded for a period of ten (10) days, a complaint will be filed and warrant of arrest issued; provided, that nothing in this section shall abridge the power to file a complaint against him prior to the expiration of such time.
3. Eluding Peace Officer: Any operator of a motor vehicle who has received a visual or audible signal, a red light and a siren, from a police officer driving a motor vehicle with insignia showing the same to be an official police, sheriff or highway patrol car, directing the operator to bring his vehicle to a stop and who wilfully increases his speed or extinguishes his lights in an attempt to elude such officer, or who does elude such police officer, or wilfully attempts in any other manner to elude the police officer, or who does elude such police officer within the city, is guilty of a misdemeanor. (1985 Code ch. 20 § 7-1)
B. Procedure For Citing Vehicles:
1. Whenever any motor vehicle without a driver is found parked or stopped in violation of any of the restrictions imposed by this title, the officer finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a notice in writing, by authorized citation, for the driver to answer to the charge against him within three (3) days and at the time and place specified in the notice. The officer shall deliver copies of such notice to the city desk sergeant.
2. In any prosecution charging a violation of any law or regulation governing the standing or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of any such law or regulation, together with proof that the defendant named in the complaint was, at the time of such parking, the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred.
3. The foregoing stated presumption shall apply only when the procedure of giving a citation has been followed.
4. In the event any person fails to comply with a citation given to such person or attached to a vehicle, the chief of police shall have a complaint entered against such person before the municipal judge; and the municipal judge shall issue a warrant for his arrest. (1985 Code ch. 20 § 7-2)
C. Desk Sergeant:
1. The appointed court clerk shall act as desk sergeant during the daytime when the municipal judge shall not be available and as an auxiliary to the municipal court. Any person receiving a summons to appear in municipal court and who desires to pay a minimum fine upon a plea of guilty may enter such plea before the desk sergeant and pay such fine and take a receipt therefor. The said court clerk, when desk sergeant, shall not have the authority to hold court or preside over trial, but may take bond and order appearance before the municipal court on pleas of not guilty. If no formal complaint has been filed, the court clerk, as desk sergeant, may, upon payment of such fine as imposed under provisions of subsection C2 of this section, release the person receiving a summons from further appearance. If one receiving a summons enters a plea of not guilty and is not released by the court clerk, the court clerk shall notify the municipal judge who shall set the case for trial.
2. The city council, by resolution, shall establish minimum fines to be levied, without discretionary authority of the desk sergeant, for violations of this title. Such resolution shall be in full force and effect at all times of legal effectiveness of this code.
3. For arraignment, see the procedure established by section 1-11-16 of this code. (1985 Code ch. 20 § 7-3)
D. Impounding Of Vehicles: Any police officer may impound any motor vehicle parked at a place where parking is prohibited by this title, or which has been parked in excess of the time allowed for parking in any place, or which has been involved in two (2) or more violations of this title, for which citations have been issued and not presented as required herein. Any person desiring to redeem such impounded vehicle shall first pay such fine or fines as may be assessed by the municipal judge for the violation or violations for which such motor vehicle was impounded; provided, that such fine or fines and costs shall not exceed one thousand dollars ($1,000.00) for each such offense. (1985 Code ch. 20 § 7-4; amd. 2016 Code)