(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) Any person, business, corporation or other legal entity violating any of the provisions of § 71.01(C) and (D) of this code shall be subject to a civil fine in an amount not to exceed $500 per violation. Enforcement shall be by the town’s Police Department with all actions filed in the Town Court as a violation cited on a uniform traffic citation. The town’s Police Department shall also have the right to have any vehicle towed and placed in storage at the owner’s expense for violation. In addition, any vehicle that continues to violate the terms of § 71.01(C) and (D) of this code for a period in excess of 24 hours from receipt of the initial violation shall be deemed to have committed a separate offense which can be enforced by a separate citation along with having the vehicle towed and placed in storage at the expense of the owner. The amount of the fine shall be at the discretion of the Town Court Judge based upon the nature of the violation, prior violations and the seriousness of the offense based on safety issues and damage to town property.
(C) For each violation of § 71.01(E) of this code, such violator shall be fined not less than $3 and not more than $10.
(D) A person who violates § 71.02 of this code shall be cited into the Town Court with the option of pre-paying the ticket if it is marked with a fine amount on the citation issued by the law enforcement agency. Violations shall result in a fine of not less than $5 for the first offense and up to $50 for each offense thereafter within a 12-month period.
(E) Any person, firm or corporation who shall commit acts defined in § 71.03 of this code shall be guilty of a misdemeanor. Such violator shall, upon conviction, be fined the sum of not less than $10 nor more than $25, together with the costs of the proceedings.
(F) A violation of § 71.04 of this code shall be punishable by a fine of not less than $1 or more than $25 per violation and in addition a vehicle parked in the spot which does not have the designated handicapped license plate shall be subject to being removed by an order from the Town Marshal’s office with the car owner being responsible for the cost of the vehicle being towed, storage, and any and all other related costs associated with the removal of said vehicle, along with the fine set out above.
(G) Violations of § 71.05 of this code shall be enforced by a ticketing procedure from the town’s Police Department, citing violators under a citation (uniform traffic code citation) into the Town Court, with penalties to be imposed by the Judge of the Town Court in an amount of not less than $1 nor greater than $100 plus court costs and any costs associated with the towing and storage of the vehicle.
(H) (1) The provisions of this division (H) shall apply to any town ordinance now in force or which may hereinafter providing for a penalty for violation of any of the following:
(a) Control and regulate the standing or parking of vehicles upon any street, alley or other public place within the town;
(b) Regulate traffic by means of traffic control signals within the town;
(c) Designate particular streets as one-way streets and-require that all vehicles move in one specific direction;
(d) Regulate the speed of vehicles on the streets, alleys or public ways within the town;
(e) Designate any street as a through street and require that all vehicles stop before entering or crossing the same; and
(f) Designate any intersection as a stop intersection and require all vehicles to stop at one or more entrances to such intersection.
(2) In lieu of the person violating such ordinance being charged in a Justice of the Peace Court or Town Court or any other court of competent jurisdiction for the penalties prescribed, in such ordinance, the Town Marshal or Town Deputy Marshal charging such persons for any such violation in said ordinance may notify the person so charged that such person may pay the sum of $3 within 72 hours of 4:00 p.m. after service of the notice of the violation of any such ordinance either personally at the Clerk-Treasurer’s office, Town Hall, or by mailing the same with a post-mark within the same period of time (within 72 hours of 4:00 p.m. after service of the notice of the violation of any such ordinance) to the Clerk-Treasurer’s office, Town Hall, in settlement of penalty.
(3) Upon failure of any person charged with the violation of any such ordinance to pay the $3 to the Clerk-Treasurer as specified in division (F)(2) above, in settlement of the penalty, the Town Marshal or Town Deputy Marshal may proceed with the prosecution of the violation of such ordinance in an appropriate court of competent jurisdiction such as a Justice of the Peace Court or the Town Court or any other court of competent jurisdiction for the penalties prescribed in the ordinance.
(4) An appropriate “notice of violation” of any ordinance for the prescribed violations herein set forth in divisions (H)(1) through (H)(6) above shall be personally given to the person so charged, or attached to the motor vehicle violating such ordinance, notifying the person so charged of the right to pay the said $3 penalty to the Town Clerk-Treasurer in lieu of being charged for such violations in a court of competent jurisdiction, in a Justice of the Peace Court, or Town Court, or any other court of competent jurisdiction.
(5) All such funds being paid to the Town Clerk-Treasurer shall be deposited to the General Fund of the town as by law required.
(Ord. 2 1948, passed 9-7-1948; Ord. 5, 1965, passed 5-4-1965; Ord. 15, 1973, passed 12-4-1973; Ord. 14-1989, passed 8-15-1989; Ord. 5, 2003, passed 7-15-2003; Ord. 11, 2015, passed 11-17-2015)