(A) Failure to obtain the correct permit, as required by § 70.11, shall result in a $2,000 civil penalty. All other violations referencing this section shall be a Class 3 misdemeanor as set forth below.
(Prior Code, Ch. 3 Art. VI § 6.2)
(B) (1) General penalty. In addition to other sanctions provided in this code for violation of its provisions, any violation of this chapter may also subject the offender to those civil penalties hereinafter enumerated. Civil penalties may be recovered by the village in a civil action in the nature of a debt or may be collected in such other amounts as prescribed herein within the prescribed time following the issuance of notice of citation for the violation.
(2) Notice to be affixed. Whenever a member of the Police Department of the village or other person charged by ordinance or charter with the enforcement of the provisions of the chapter regulating the parking of vehicles shall find that any of those provisions are being, or have been, by the owner or operator of any vehicle, such officer or person shall notify the owner of the vehicle of the violation by conspicuously attaching to the vehicle a parking violation notice or citation in such form as the Village Manager or his or her designee may direct.
(3) Contents.
(a) Such parking violation notice or citation shall, among other things:
1. State upon its face the amount of the penalty for the specific violation if the penalty is paid within 48 hours from and after the violation;
2. The prescribed time shall subject the offender to a civil action in the nature of a debt for the stated penalty plus an additional penalty in the amount of $25, together with the cost of the action to be taxed by the court;
3. Further, provide that the offender may answer the village parking citation by mailing the citation and stated penalty to the village hall, or may pay the amount at the Village Hall, and that upon payment, the case or claim in right of action by the village will be deemed compromised and settled; and
4. The penalty must be either paid or the failure to pay must be cleared with the Village Manager or his or her designee within 48 hours, court action by the filing of a civil complaint for collection of the penalty may be taken.
(b) As used upon the parking violation citation, the word cleared shall mean either payment, arrangement for payment to be made, or a prima facie showing that the parking citation was received as a result of mistake, inadvertence, or excusable neglect.
(4) Settlement of claim. The Village Manager or his or her designee is authorized to accept payment in full and final settlement of the claim or claims, right or rights of action which the village may have to enforce such penalty by civil action in the nature of a debt. Acceptance of a penalty shall be deemed a full and final release of any and all claims or right of action arising out of the contended violations.
(5) Penalties.
A civil penalty in the amount of $75 shall be imposed for any violation of § 70.09. A penalty in the amount of $75 shall be imposed for a violation of § 70.02. A penalty in the amount of $50 shall be imposed for a violation of § 70.05 48 hours after being cited for a violation and notified of the penalty. A civil penalty in the amount of $100 shall be imposed for each and every violation of § 70.06 and for all other violations of this chapter not otherwise specified. The village may seek to collect said penalty in a civil action in the nature of a debt.
(6) Additional penalty. A penalty of $25, in addition to the one imposed for payment within 48 hours, shall apply in those cases in which the penalties described above have not been paid within the prescribed 48 hours period and in which a civil action shall have been instituted.
(8) Penalties to General Fund. All penalties paid to the village or as may be recovered in the civil action in the nature of a debt as herein provided shall be paid into the General Fund of the village at such time and under such regulations as may be prescribed by the Village Manager or designee.
(9) Exception. The first violation of § 70.30 shall be dismissed if the person charged or guardian of such person submits proof within ten days that the equipment standards in § 70.30 have been met. Otherwise, any violation of § 70.30 shall be punishable by a civil penalty in the amount of $10 plus court costs.
(Prior Code, Ch. 3 Art. VIII § 8.1) (Ord. O-2024.1, passed 4-16-2024)