[Amended 10-11-2021 by Ord. No. 74-2021; 3-25-2024 by Ord. No. 18-2024; 8-12-2024 by Ord. No. 47-2024; 9-9-2024 by Ord. No. 61-2024]
A. Penalties. The penalty for a violation of this section relating to the operation of motorized devices and all-terrain vehicles shall be notice of violation and forfeiture of the vehicle. Automatic forfeiture shall apply to all subsequent violations of this section. The penalty for any other violation of this section shall be notice of violation and monetary penalties or fines in the amounts listed in B.1. below and imprisonment, provided that an employee or other non-owner of a service station or business selling motor fuel shall not be personally liable for any violations of § 576-1304D.
B. Notices of violation and a seizure notice shall be issued by the Police Department. Contested charges shall be resolved, penalties shall be imposed, and payments shall be collected and processed by the Police Department.
(1) The following penalties shall be imposed:
(a) Penalty - An individual who violates this ordinance shall commit a summary offense:
[1] For a first offense, be sentenced to pay a fine of not less than $250 nor more than $1,000 and costs of prosecution and, in default of the payment of the fine or costs, be imprisoned for not more than 10 days.
[2] For a subsequent offense, be sentenced to pay a fine of not less than $500 and costs of prosecution and, in default of the payment of the fine or costs, be imprisoned for not more than 30 days.
C. Seizure. In addition to the notice of violation, whenever a police officer has probable cause to believe a vehicle has been used or is being used in violation of this section, the officer may seize the vehicle. The vehicle shall be stored at a secure location as determined by the Public Works and Police Departments until the final adjudication of the offense.
D. Forfeiture. Forfeiture, other than voluntary forfeiture (as set forth below) by the owner, of the impounded vehicle shall be approved or rejected by the Code and License Appeals Board though an appeal by the defendant or vehicle owner. If an appeal hearing is not requested within 30 days of the date of the seizure notice, the Police Department shall issue a list of vehicles with a copy of the violation notices and seizure notices to the Code and License Appeals Board for approval or rejection.
(1) If forfeiture is not awarded, the Police Department shall return the vehicle to the owner after:
(a) The owner pays all penalties and fees for the seizure, tow and storage of the vehicle defined herein; and
(b) The owner provides proof of registration, title and proof of insurance.
(2) If forfeiture is awarded, the Police Department shall dispose of the vehicle in an appropriate manner which may include destruction of the vehicle to reduce the opportunity for the vehicle to be used in any manner that would violate this section. The Police Department may also, by contract, transfer the forfeited vehicle to another municipal government for public service and public safety purposes. That contract shall require the destruction of the transferred vehicle when it goes out of service.
(3) If the Police Department cannot identify the legal owner of the impounded vehicle within 45 days, the Department shall file a request for forfeiture that includes the methods used to determine the ownership of the vehicle with the Code and License Appeals Board. The Board shall approve or reject the request at their next meeting. If the request is approved the vehicle(s) shall be immediately destroyed.
E. Voluntary Forfeiture. Any person to whom a notice of violation is issued may, if he provides proof that he is the registered owner of the vehicle, within 45 days of the date of the seizure notice, agree to forfeit the vehicle in lieu of contesting the violation and in lieu of other fines and penalties or file an appeal with the Code and License Appeals Board.