(a) Whenever a vehicle is found to be parked where parking is prohibited or restricted in violation of the terms of this Traffic Code or any City ordinance, a police officer observing such illegal parking may attach a notice to the vehicle in a conspicuous place, which notice shall specify the violation complained of and notify the person who last operated the vehicle of the right to appear at the office of the Police Department and comply with the following provisions:
If the person who last operated any vehicle upon which a notice of violation of parking has been attached, appears at the Police Department within seventy-two hours from the time the notice is attached to the vehicle, and in writing waives the filing of an affidavit related to the violation, the reading of the same and the issuance of a warrant, and enters a plea of guilty and consents to be tried in his absence and pay ten dollars ($10.00), the person shall be released from further liability and shall, upon consideration of the court, be fined the amount of ten dollars ($10.00) so paid.
(b) In the event the person last operating the vehicle upon which a notice of violation has been attached does not appear within seventy-two hours, the amount which the operator is required to pay shall be twenty dollars ($20.00) instead of the ten dollars ($10.00) specified in subsection (a) hereof.
(c) If the last operator of a vehicle upon which a notice of violation of parking has been attached does not appear in compliance with the notice within five days and pay the amount specified for the violation, the officer having knowledge of the fact of the violation shall file an affidavit in the Municipal Court and institute proper proceedings in which a warrant may be issued, charging the last operator of the vehicle with the violation of the section of the Traffic Code or other City ordinance for which the notice was attached to the vehicle.
(d) The provisions for notifying the last operator of improper parking by placing a notice upon the vehicle are not exclusive provisions, but are in the alternative of the provisions of law for the commencement of criminal proceedings by affidavit and the issuance of a warrant, and if notice is not employed, proceedings may be instituted in the Municipal Court in the manner provided by law, to charge any person with the violation of this Traffic Code or any other City ordinance relating to the parking of vehicles.
(e) The Chief of Police is hereby authorized to waive the ten dollars ($10.00) late fee for those violators for whom, in his discretion, such waiver is deemed necessary and proper.
(Ord. 1983-57. Passed 8-22-83.)