(A) Penalty. Any person found to be in violation of any of the provisions of this subchapter for which no other penalty is provided, shall be subject to penalties as provided in § 10.99 of this code. Every day that a violation occurs shall constitute a separate offense.
(B) Impoundment. In addition to fines as set forth in § 71.103, any person who has been issued a citation for the same offense under this subchapter within a 12 month period of time shall, at the time of issuance of the second such citation for the same offense, be required to surrender the low-speed electric bicycle or low-speed gas bicycle to the police officer or other authorized officer of the city who issues the citation. The surrendered low-speed electric bicycle or low-speed gas bicycle shall be impounded and held by the Police Department and shall be returned to the owner only after one of the following conditions is met:
(1) The person to whom the citation was issued has paid all outstanding fines or registration fees related to both citations, as well as an administrative fee, to the city for impoundment in the amount of $50.
(2) The person to whom the citation was issued has presented to the Police Department proof that a determination of not guilty was entered by the Court for the second cited offense which resulted in the impoundment of the low-speed electric or low-speed gas bicycle.
(C) Failure to retrieve impounded bicycle.
(1) If a low-speed electric or low-speed gas bicycle impounded pursuant to this subchapter is not retrieved from the Police Department within 35 days after the entry of a determination of liability or non-liability by the Court with regard to the citation resulting in impoundment of the low-speed electric or low-speed gas bicycle, the Chief of Police shall send written notice to the owner thereof that the low-speed electric or low-speed gas bicycle will be deemed abandoned and disposed of by the Police Department if it is not retrieved by the owner within 30 days of the date of said notice.
(2) If the low-speed electric or low-speed gas bicycle remains unclaimed 30 days after the provision of a notice as described in division (C)(1) of this section, the Police Department may dispose of said low-speed electric or low-speed gas bicycle as it sees fit.
(3) Any payment received by the Police Department in exchange for the low-speed electric or low-speed gas bicycle will be applied to any fines and fees owned by the owner from whom it was impounded.
(Ord. 2021-14, passed 8-23-2021)