(A) Unless another penalty is expressly provided by law, any person convicted of a violation of any of the provisions of this chapter shall be fined not less than $1 and not more than $10.
(B) The town shall provide in duplicate form suitable numbered forms for notifying violators of this section to appear and answer to charges of violating traffic laws and ordinances.
(C) Except when authorized or directed under state law to immediately take a person arrested for violation of any of the traffic laws before a magistrate, any police officer, upon making an arrest for violation of the state traffic laws or town traffic ordinances, shall take the name, address and operator’s license number of the alleged violator, and the registered number of the motor vehicle involved, and shall issue to the alleged violator in writing on a form provided by the town a notice to answer to the charge against him or her at a time at least five days after that arrest, to be specified in the notice. The officer, upon receiving the written promise of the alleged violator to answer as specified in the notice, shall release that person from custody.
(D) Any person who violates his or her written promise to appear given to an officer upon an arrest for any traffic violation, is guilty of an ordinance violation regardless of the disposition of the charge on which he or she was originally arrested.
(E) Whenever any motor vehicle without a driver is found parked or stopped in violation of any of the restriction imposed by this chapter or state law, the officer finding that 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 that vehicle a notice in writing, on a form provided by the town, for the driver to answer to the charge against him or her within two days during the hours and at a place specified in the notice.
(F) If a violator of the restrictions on stopping, standing or parking under this chapter does not appear in response to a notice affixed to that motor vehicle within two days, the Town Marshal shall send to the owner of the motor vehicle, to which the notice was affixed, a letter informing him or her of the violation, and warning him or her that if that letter is disregarded for two days, a complaint shall be filed and a warrant of arrest issued.
(G) In any prosecution charging the 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 a law or regulation, together with proof that the defendant named in the complaint was at the time of that parking the registered owner of that vehicle, shall constitute in evidence a prime facie presumption that the registered owner of that vehicle was the person who parked or placed that vehicle at the point where, and for the time during which that violation occurred.
(1985 Code, § 9-4-1-28(i)) (Ord. 106, passed 12-2-1957)