(A) The time limit for parking in the zones created by the Council including the downtown restricted parking areas shall be as follows:
(1) No person shall park in any off-street parking space for a period longer than eight (8) hours.
(2) No person shall park in any on-street parking space or spaces for a period of longer than two (2) hours during Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m.
(3) Violation.
(a) If a person shall have parked a vehicle in any on-street parking space for a period longer than one hundred twenty (120) minutes, shall have parked a vehicle at any area designated by no parking signs or by yellow markings, or parked in any manner prohibited in this section, then the charge for the first violation within any twelve (12) month period shall be five dollars ($5.00). The charge for the second violation of this section within any twelve (12) month period shall be ten dollars ($10.00). The charge for the third through fifth violations of this section within any twelve (12) month period shall be twenty-five dollars ($25.00) per violation. The charge for the fifth or more violation of this section within any twelve (12) month period shall be one hundred dollars ($100.00) per violation. Any vehicle which is moved from one parking space in the downtown restricted parking area to another parking space in the downtown restricted parking area shall still be subject of the original one hundred twenty (120) minute limitation. Violation for any unauthorized parking in a space designated for handicap parking only or in a fire lane shall be one hundred dollars ($100.00) per violation. Any police officer, citation officer or other enforcement officer discovering that a vehicle has been parked in such manner shall place a notice on the vehicle.
(b) The notice shall be conspicuously affixed to the vehicle, and titled "Notice of Parking Violation", and contain the following information.
1. A statement of the location and time and the specific parking violation for which the citation was issued.
2. A statement that the violation is final unless contested.
3. A statement that the violation may result in impoundment of the vehicle for which the owner may be liable for a fine and towing, handling, and storage charges or fees.
4. The monetary penalty.
5. A statement that the fine must be paid to the office of the Chief of Police within seven (7) days from the date of issuance of the notice; or, the owner-operator must request a hearing in writing to the office of the Chief of Police.
6. A statement that the owner-operator may be subject to arrest, summoned to the District Court with a fine and court costs added.
(c) The Board before which the above mentioned hearing shall take place shall consist of the Chief of Police.
(d) Non-response. If the owner-operator has not responded within seven (7) days, the office of the Chief of Police shall send a second notice by certified mail to the last known address of the registered owner stating the same information as set out in the original "Notice of parking Violation" plus a statement that failure to exercise the options shall be deemed a waiver of the right to a hearing and a determination that the owner-operator is in violation of this section and shall be cited to the County District Court.
(B) Hearings. Upon request, a hearing shall be held no later than fourteen (14) days from the date of receipt of the request. An extension may be granted but not to exceed fourteen (14) days. No less than seven (7) days prior to the date set by the hearing, the Board shall notify the owner of the vehicle of the date, time, and place of the hearing. Failure to then appear shall be deemed to be a refusal to pay the fine subject to the provisions of § 72.42(A)(3)(d).
(1) If at the hearing a determination is made that the violation occurred, the Board shall order the owner-operator to pay the citation within seven (7) days.
(2) The Board may consider the parking citation and any other written report made under oath by the officer who issued the citation in lieu of the officer's personal appearance at the hearing.
(D) Appeal. An appeal may be to the County District Court within seven (7) days of the Board's determination by filing a complaint and a copy of the Board's order in the manner as any civil action under the rules of civil procedure. The action shall be tried de novo.
('74 Code, § 17-53) (Ord. passed 2-25-74; Am. Ord. passed 12-4-78; Am. Ord. passed 10-1-87; Am. Ord. passed 7-17-90; Am. Ord. 2005-20, passed 11-10-05) Penalty, see § 70.99)