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(a) Any police officer, or other authorized person designated by the county executive, finding a vehicle parked in violation of this chapter shall prepare a notice of violation to the owner or operator of said vehicle on a form prescribed by the county and shall attach said notice to the subject vehicle.
(b) Said notice of violation shall report:
(1) The vehicle identification by registration state and number.
(2) The section of this Code said vehicle was parked in violation of.
(3) The date, time and location of said violation.
(4) The amount of fine charged for said violation.
(5) The name of the officer reporting the violation.
(6) Any other facts, a knowledge of which is necessary to a thorough understanding of the circumstances attending such violation.
(7) In any case involving a vehicle parked at a parking meter after parking time has expired, the parking meter number shall also be reported.
(c) Each notice of violation shall instruct the owner or operator, or either of them, to pay within 15 days to the Department of Transportation as penalty for the violation, the fine specified by Council resolution under this Article, or to give written notice, within 15 days, to the Department, of the owner or operator’s intention to stand trial for the violation in the District Court.
(d) It shall be the duty of each police officer or other authorized person to report each such violation to the Department immediately or as soon thereafter as possible.
(e) The notice and report as provided in this section shall bear corresponding serial numbers. All notices assigned for issuance by police officers or other persons shall be reported and fully accounted for by the respective officer or person to whom the notices were assigned and any missing notices or reports shall be immediately reported to the Department and documented by such officer or person. (1978 L.M.C., ch. 7, § 2; 2006 L.M.C., ch. 4, § 1; 2008 L.M.C., ch. 5, § 1.)
Editor’s note—See County Attorney Opinion dated 4/7/03 citing the section in a discussion of the scope of authority for the Department of Public Works to tow vehicles from County roads and to provide roadside assistance.
2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
It shall be the duty of each police officer of the county or other authorized person so designated by the county executive to charge uniformly and consistently the official fine as established by written regulation and provided for in the preceding sections, for violation of each respective parking regulation and provision of this chapter. (1978 L.M.C., ch. 7, § 2.)
Each owner or operator notified under the provisions of the preceding section, shall, within fifteen (15) days of time when such notice was issued, pay to the department of finance, as penalty and in full satisfaction of such violation, the sum amount of the fine as specified on such notice. (1978 L.M.C., ch. 7, § 2.)
(a) If the owner or operator does not comply with the preceding sections and the instructions provided on a notice of violation within the period prescribed by this Article, the fine for such violation must be increased by an additional penalty set by Council resolution adopted under Section 2-57A.
(b) Whenever the Department of Transportation or its agent can find, by reasonable access to state motor vehicle administration registration records, the name and address of the owner, the Department or agent must immediately notify the owner in writing that:
(1) the violation is overdue and delinquent,
(2) the additional penalty has been added, and
(3) the owner’s failure to pay the entire fine and penalty makes the owner subject to the warrant and other penalties provided by this Chapter. (1978 L.M.C., ch. 7, § 2; 1984 L.M.C., ch. 24, § 36; 2004 L.M.C., ch. 16, § 1; 2006 L.M.C., ch. 4, § 1; 2006 L.M.C., ch. 33, § 1; 2008 L.M.C., ch. 5, § 1.)
Editor’s note—2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
2004 L.M.C., ch. 16, § 2, states in part: Any fee, charge, or fare in effect when this Act takes effect [July 22, 2004] must remain in effect until amended by Council resolution as provided in Section 2-57, as amended by Section 1 of this Act.
Whenever any check or draft tendered to the county in payment of any fine, penalty, cost or other charge as provided in this chapter is dishonored by a bank or otherwise returned as uncollectible, a charge of ten dollars ($10.00), or as may be otherwise established from time to time by the county executive by executive regulation adopted under method (3) of section 2A-15 of this Code, may be imposed and added to the amount due in order to defray the cost of its collection. In such cases, the county may require that the total amount due be paid in the form of a certified check or money order. (1978 L.M.C., ch. 7, § 2; 1984 L.M.C., ch. 24, § 36.)
It shall be unlawful for any owner or operator of a vehicle or any person to fail to satisfy a notice of violation or summons issued to such person or attached to a vehicle owned by such person, fail to stand trial, fail to appear upon receipt of a summons or other written notification directing said person to appear before a judge of the district court and fail or refuse to make payment of fine for notice of violation within the time period specified by any provision of this chapter. (1978 L.M.C., ch. 7, § 2.)
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