(A) The Town Marshal, and all other officers authorized to enforce the terms and conditions of this subchapter, shall treat all persons violating this subchapter to have committed a “traffic offense” as contemplated by I.C. 9-30-3-1 et seq., and to arrest and/or refrain from arresting any such violator, consistent with the provisions of I.C. 9-30-2-1 et seq. and I.C. 9-30-3-1 et seq.
(B) Whenever any vehicle or personal property without a known driver, operator or owner is found parked in violation of this subchapter, the officer finding that vehicle or personal property shall, if possible, take its registration number and/or any other information displayed on the vehicle or personal property which may identify its owner, user or operator, and shall conspicuously affix to that vehicle or personal property a notice in writing, on a form as contemplated by I.C. 9-30-2-1 and/or I.C. 9-30-3-1 et seq., for that person to answer to the charge against him or her within 72 hours at a place specified in the notice. If a violator under this subchapter does not appear in response to the notice affixed to that vehicle or personal property, the Town Marshal shall send to the owner of the vehicle and/or personal property to which the notice is affixed, if such information is available to him or her, a letter informing him or her of the violation, and warning him or her that if that letter is disregarded for 72 hours a complaint shall be filed and a summons or warrant of arrest issued.
(C) In any prosecution charging a violation of this subchapter, proof that a particular vehicle described in a complaint was parked in violation of this subchapter, together with proof that the defendant named in the complaint was at the time of that parking a registered owner of that vehicle, shall constitute evidence of prima facie presumption that the registered owner of that vehicle was the person who parked that vehicle in violation of this subchapter.
(Ord. 337, passed 3-10-1996) Penalty, see § 72.99