A. Violation Of City Code An Infraction: Any owner or operator of a vehicle violating any of the traffic or parking violations set out in this chapter or chapter 4 of this title shall have committed an infraction unless other penalty is provided by State law, and, upon being found to have violated a provision of said chapters, shall be penalized as allowed by State law and this Code. (Ord. 397, 1-12-1994)
B. Penalties: Any owner or operator of a vehicle found to have violated any provision of this chapter or of chapter 4 of this title shall be assessed a fine for each separate violation in accordance with the City's adopted fee resolution. A schedule of fees shall be determined by proper resolution of the Council and filed with the Clerk. Said fees may be altered at any time by resolution of the Council.
C. Enforcement: Any police officer or other person(s) designated by the City or Chief of Police observing any violations of this title shall be authorized to issue a ticket describing such violation and the charge assessed for the violation to the owner or operator of the vehicle standing, stopped or parked in violation of said chapters. The members of the Police Department or other person(s) designated by the City or Chief of Police are 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 City cashier within ten (10) days of the violation. The owner and operator of any vehicle found to be stopped, standing or parked in violation of this chapter or chapter 4 of this title shall be deemed to have received the ticket issued if the officer or other authorized person secures a copy of the ticket to the vehicle's windshield or other conspicuous place. Any ticket issued pursuant to said chapters of this Code shall set out the date, time, location and nature of the violation, as well as the vehicle's license plate number and state of registration. Any such ticket shall also indicate the amount of the fine for the alleged violation, and the time within which the fine must be paid to avoid issuance of a summons. (Ord. 594, 3-14-2018)
D. Payment Of Fines: The payment of the fine specified on any ticket issued pursuant to this chapter or chapter 4 of this title shall be deemed a conclusive admission of the alleged violation. All such payments shall be made to the Kellogg City Clerk and deposited into the City's General Fund.
E. Procedure Upon Contest Of Ticket: In the event the owner or operator of a vehicle found stopped, standing or parked in violation of this chapter or chapter 4 of this title contests the violation alleged in the ticket orally or in writing to the Kellogg Police Department, the issuing officer or other authorized person shall have the following discretionary options:
1. Dismissal of the ticket;
2. Deferred prosecution of the violation; or
3. Prosecution of the violation.
Nonpayment of the specified fine within the time period specified on the ticket shall be deemed a contest of the ticket.
a. Deferred Prosecution: In the event the issuing officer or other authorized person elects to defer prosecution of the violation, the officer or other person shall notify the ticketed person either orally or in writing that prosecution has been deferred for a maximum of one hundred eighty (180) days. If the officer or other authorized person does not initiate prosecution of the ticket as hereafter specified within one hundred eighty (180) days of the violation, the ticket shall be dismissed.
b. Prosecution Of Ticket: In the event the issuing officer or other authorized person elects to prosecute the violation alleged on the ticket, a uniform citation or a complaint and summons shall be served on the person named on the ticket, and thereafter proceeded upon as with any other infraction offense under Idaho law. Any uniform citation or complaint may also specify and charge additional separate violations of this code or state law. (Ord. 397, 1-12-1994)