The system of administrative adjudication of vehicular regulation violations shall be in accordance with the following procedures:
(a) Violation Notice. Vehicular regulation violation notices shall be issued by the persons authorized herein and shall contain information and shall be served, certificated and have evidentiary admissibility as is hereinafter set forth.
(b) Authorization. All full-time, part-time and auxiliary police officers and community service officers, as well as other specifically appointed individuals, shall have the authority to issue vehicular regulation violation notices.
(c) Detection of Violations. Any individual authorized hereby to issue vehicular regulation violation notices and who detects such a vehicular regulation violation shall issue a vehicular regulation violation notice and shall make service thereof as is hereinafter set forth.
(d) Violation Notice. The vehicular regulation violation notice shall contain, but shall not be limited to, the following information:
(1) The date, time and place of the vehicular regulation violation (date of issuance).
(2) The particular vehicular regulation violated.
(3) Vehicle make and state registration number.
(4) The fine and any penalty which may be assessed for late payment.
(5) The signature and identification number of the person issuing the notice.
(6) A section entitled "Payment Instructions", explaining the method for payment by mail, in-person and through the internet, if so provided.
(7) A section entitled "Request for Hearing" which shall clearly set forth that any person may appear at the initial administrative hearing to contest the validity of the vehicular regulation violation notice on the date and at the time and place as specified in the vehicular regulation violation notice by:
A. Checking or placing a mark in a space provided and clearly identified, "Request for Hearing";
B. Placing his or her name and current address in the place provided;
C. Signing his or her name in the appropriate indicated place; and
D. Filing the vehicular regulation violation notice with the "Request for Hearing" portion fully completed, with the Traffic Compliance Administrator postmarked no later than fifteen days after the date of the vehicular regulation violation notice. The request shall be deemed filed upon receipt by the Traffic Compliance Administrator.
(8) The date, time and place of an administrative hearing at which the vehicular regulation violation may be contested on its merits.
(9) That payment of the indicated fine and any late payment penalty shall operate as a final disposition.
(10) A section entitled, "Written Contest", which clearly sets forth that any person may appear at the initial administrative hearing to contest the validity of the vehicular regulation violation notice without personally appearing by:
A. Checking or placing a mark in a space provided and clearly identified, "Written Contest";
B. Placing his or her name and current address in the place provided;
C. Signing his or her name in the appropriate indicated place;
D. Filing the vehicular regulation violation notice with the "Written Contest" portion fully completed, with the Traffic Compliance Administrator postmarked no later than fifteen days after the date of the vehicular regulation violation notice; and
E. Filing a notarized statement of facts, specifying the grounds for challenging the vehicular regulation violation notice, with the Traffic Compliance Administrator no later than fifteen days after the date of the vehicular regulation violation notice.
(11) A clearly marked statement that execution of the "Written Contest" is a waiver of the person's right to a personal appearance and that the adjudication will be made based upon the notarized statement of facts submitted by the individual and the facts contained in the vehicular regulation violation notice.
(e) Service of Vehicular Regulation Violation Notice. Service of the vehicular regulation violation notice shall be made by the person issuing such notice by:
(1) Affixing the original or facsimile of the vehicular regulation violation notice to any unlawfully standing or parked vehicle or any vehicle found to be in an unlawful condition; or
(2) Handing the vehicular regulation violation notice to the registered owner, operator or lessee of the vehicle, if present.
(f) Certification of Facts. The correctness of facts contained in the vehicular regulation violation notice shall be certified by the person issuing said vehicular regulation violation notice by:
(1) Signing his or her name to the vehicular regulation violation notice at the time of issuance; or
(2) In the case of a vehicular regulation violation notice produced by a computer device, by signing a single certificate, to be kept by the Traffic Compliance Administrator, attesting to the correctness of all vehicular regulation violation notices produced by the device while under his or her control.
(g) Retention of Vehicular Regulation Violation Notice. The original or a facsimile of the vehicular regulation violation notices shall be retained by the Traffic Compliance Administrator and kept as a record in the ordinary course of business.
(h) Prima Facie Evidence of Correctness. Any vehicular regulation violation notice issued, signed and served in accordance herewith, or a copy of the vehicular regulation violation notice, shall, pursuant to State statute, be deemed prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the vehicular regulation violation notice.
(i) Admissibility. The vehicular regulation violation notices shall be admissible in any subsequent administrative or legal proceeding.
(Ord. 2009-25. Passed 10-26-09; Ord. 2011-45. Passed 11-28-11.)