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6-2-5: TRAFFIC CITATIONS; COURT ACTION 1 :
A. Issuance Of Tags:
1. Police officers are hereby authorized to give notice to persons violating provisions of this title by delivering citation tags to violators or, in cases where vehicles without drivers are parked or stopped in violation of this title, by affixing such tags to the vehicles by means of which the violation occurred. Such citation tags, among other things, shall bear briefly the charge, shall bear the registration number of the vehicle, and shall direct the violator to present the tag at the police station or other designated place within the time as may be specified thereon.
2. Nothing in this subsection shall be construed to abridge the power of a police officer to arrest any violator and take him into custody.
3. The chief of police may require that the police officers use citation tags furnished by the city and that such tags are serially numbered, and may regulate the use and handling of the citation tags. (1990 Code § 15-222)
B. Copies Deemed Lawful Complaint: In the event the form of citation provided herein includes information and is sworn to, then such citation, when filed with the municipal court, shall be deemed to be a lawful complaint for the purpose of prosecution under this section. (1990 Code § 15-223)
C. Failure To Comply With Citation Attached To Parked Vehicle: If a violator of the restrictions on stopping, standing, or parking under the traffic laws or ordinances does not appear in response to a traffic citation affixed to such motor vehicle within a period of days as specified on the citation, the clerk of the municipal court may send to the owner of the motor vehicle to which the traffic citation was affixed a letter informing him of the violation and warning him that in the event such letter is disregarded for the specified period of days, a warrant of arrest may be issued. On any occasion where two (2) or more such traffic citations have been affixed on the same motor vehicle and the traffic citations have been disregarded, a warrant of arrest may be issued without sending the letter provided in this subsection. (1990 Code § 15-224)
D. Presumption In Reference To Illegal Parking:
1. In any prosecution charging a violation of any law or regulation governing the standing or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of any law or regulation, together with proof that the defendant named in the complaint was at the time of the parking the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred.
2. The presumption in subsection D1 of this section shall apply only when the procedure as prescribed in this section has been followed. (1990 Code § 15-225)
E. Illegal Cancellation Of Citation: It is unlawful for any person to cancel or solicit the cancellation of any traffic citation in any manner other than as provided by this section. (1990 Code § 15-226)
F. Court Records; Abstract Sent To State:
1. The municipal judge shall keep a record of every traffic citation deposited with or presented to the court and shall keep a record of every official action by the court or its traffic violations bureau in reference thereto, including, but not limited to, a record of every conviction, forfeiture of bail, judgment of acquittal, and the amount of fine or forfeiture.
2. Within ten (10) days after the conviction or forfeiture of bail of a person upon a charge of violating any provision of this title or other law regulating the operation of vehicles on highways, the municipal judge or clerk of the court in which the conviction was had or bail was forfeited shall prepare and immediately forward to the state department of public safety a certified abstract of the court's record of the case. An abstract need not be made of any conviction involving the illegal parking or standing of a vehicle.
3. The municipal judge or court clerk shall not make such a report of a conviction involving speeding if the speed limit is not exceeded by more than ten (10) miles per hour.
4. The abstract must be made upon a form furnished by the state department of public safety and shall include the name and address of the party charged, the number of his operator's or chauffeur's license, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment, whether bail was forfeited, and the amount of the fine or forfeiture. (1990 Code § 15-227)
1. See also sections 1-11-11 and 1-11-12 of this code.