(A) For any violation of § 22-6-48 of this subchapter, a handicapped parking citation may be issued by any police officer or parking enforcement clerk. When a handicapped parking citation is issued:
(1) The person issuing the handicapped parking citation shall enter thereon all required information, including the name and address of the cited person, or, if not known, the license number and description of the offending motor vehicle, the offense charged, and the time and place the person cited is to appear in court. One copy of the handicapped parking citation shall be delivered to the person cited or attached to the offending motor vehicle;
(2) Unless the person cited requests an earlier date, the time of appearance shall be at least three days after the issuance of the handicapped parking citation;
(3) At least 24 hours before the time set for the appearance of the cited person, either the City Attorney or Deputy City Attorney or other person authorized by law to issue a complaint for the particular offense shall issue and file a complaint. If a complaint is not filed in a timely manner, the person charged shall be released from the obligation to appear as specified in the citation; and
(4) A person cited for a handicapped parking violation may waive his or her right to trial.
(B) For any handicapped parking citation issued by reason of the failure of the vehicle to display a handicapped parking permit, the complaint shall be dismissed, if, within seven business days after the date of issuance of the citation, the person cited files with the court an affidavit signed by a peace officer certifying that the recipient is the lawful possessor in his or her own right of a handicapped parking permit and that the peace officer has personally viewed the permit. The trial of any person charged under this section shall be by the court without a jury.
(Ord. 3499, passed - -1996)