A. Any law enforcement personnel charged with the duty of enforcing ordinances of the town or any such persons as may be designated by the Town Manager, shall attach to any vehicle, violating any of the ordinances of the town relating to parking, notice to the owner or operator thereof that the vehicle has been parked in violation of the provisions of the ordinances of the town, and instructing the owner or operator that the violation subjects the offender to a civil penalty as hereinafter prescribed.
B. Each recipient of the notice referred to herein above may, within 45 days following the date of issuance of the ticket, pay to the Town Clerk the civil penalty hereinafter prescribed for and in full satisfaction of the violation.
C. The civil penalty for violations of the section numbers listed below, where a notice has been attached to a vehicle as herein above provided, shall be as follows:
1. Violation of § 45-2 (too far from curb) - $25;
2. Violation of § 45-3A. - $25;
3. Violation of § 45-4 - $25; and
4. Violation of § 45-5 (illegal parking of vehicles for hire) - $25.
D. When the owner of a vehicle, or his or her agent, makes proper payment of a parking ticket within 45 days following the date of issuance of the ticket, his or her obligation thereunto shall be discharged. If the charge has not been paid within the 45-day period set out above, the parking violation ticket shall be delinquent and subject to the additional civil penalties below. The parking violation ticket shall have stated thereon that payment is due within 45 days following the date of issuance to avoid an additional $50 civil penalty and court costs.
E. The Town Clerk is authorized to accept payments in full and final settlement of the claim or claims, or rights of action which the town may have to enforce the civil penalties by civil action in the nature of debt. Failure to pay the civil penalty shall subject the owner of the vehicle to a civil action in the nature of debt for the penalties stated, plus an additional civil penalty in the amount of $50. If, however, the owner makes payment after the expiration of the 45-day period, but within 75 days following the date of issuance of the ticket, a civil penalty of $25, in addition to the initial civil penalty, shall apply in such cases. Acceptance of the additional civil penalty and initial civil penalty shall be deemed a full and final release of any and all claims or rights of action arising out of the contended violation.
F. Violations of the provisions of this chapter for which a civil penalty is listed in division C. above shall not constitute a misdemeanor or infraction punishable under G.S. § 160A-175. Any properly designated town official is authorized to take legal action in the nature of a civil suit for the collection of a debt when the civil penalty, including any additional civil penalty due to delinquency, has not been paid.
G. It shall be prima facie evidence in any court in the state that any vehicle which is parked in violation of the provisions of this chapter was parked by the person, firm, corporation in whose name the vehicle is then registered with the Division of Motor Vehicles of this state, except that the prima facie rule of evidence shall not apply to the registered owner of a leased or rented vehicle parked in violation of the provisions of this chapter when said owner can furnish sworn evidence in the form of a lease or rental agreement, or has reported to the Division of Motor Vehicles of this state that the vehicle was, at the time of the parking violation, leased or rented to another person; in such instances the owner of the vehicle shall, within a reasonable time after being so requested, furnish the town with the name and address of the person, firm, or corporation who was leasing or renting the vehicle at the time of the parking violation. In that event, it shall be prima facie evidence in any court in this state that the vehicle was parked in violation of the provisions of this chapter by the person, firm, or corporation who leased or rented the vehicle at the time of the parking violation as reported to the town or the Division of Motor Vehicles of this state by the registered owner of said vehicle.
H. The civil penalties imposed herein and the proceeds therefrom, as collected by payment, civil action, or otherwise, shall belong to the town and shall be paid into the general fund of the town under the conditions, if any, as prescribed in the Town of Lewisville’s annual budget.
I. Every 3 hours that a vehicle is parked in the same space following the issuance of a parking ticket shall constitute a separate violation subject to the issuance of a new parking ticket and additional civil penalties to be applied to the vehicle.
(Ord. 2004016, passed 08-12-2004)