The following procedures shall be applicable to traffic violations:
(A) Notice of violation.
(1) Whenever any police officer, deputy police officer, employed as such by the Town Council and while acting as an officer, finds the provisions of any ordinance enacted to regulate traffic or promote safety in or on the streets, alleys, highways and sidewalks of the Town have been violated by the owner or operator of any vehicle, the officer shall notify the owner or operator in writing of the violation.
(2) The police officer shall use the approved e-ticket and the procedures in place by the Town of Walkerton Police Department, show the specific violation, the state license number of the vehicle and the owner’s name, if it is at all possible to obtain it. All notices shall be signed by the police officer issuing it. One copy of the notice shall be presented to the owner of the vehicle or its representative when found in charge of the vehicle. If neither the owner, nor his or her representative, can be found in possession of the vehicle, the posting of the notice in a conspicuous place upon the vehicle shall be deemed sufficient and effective notice of the violation. One copy of the notice shall be filed in the office of the Clerk-Treasurer.
(3) In the event the police officer is unable to serve the notice of the violation upon the owner of the vehicle or his or her representative, the violation shall be reported by the officer to the Town Court and a notice of the violation shall then be served upon the owner by mailing it by certified mail to the usual or last known address of the owner and this shall constitute sufficient and effective notice.
(B) Duty of violator to report. The owner or operator of a vehicle who has been notified of a violation of any traffic regulation or safety measure according to any of the methods of notification prescribed in division (A)(2) above shall, within three business days after notification, present himself or herself, together with the notice, at the office maintained by the Town Court.
(C) Guilty plea, fine payment. Whenever any violator presents himself or herself at the office maintained by the Town Court in accordance with the provisions of division (B) above, he or she may, if he or she desires, plead guilty and pay the designated fine set forth in division (F)(1) below.
(D) Receipt for fine payment records. Upon payment of the fine provided in division (F)(1) below, the Town Court shall issue a receipt to the person paying the fine. It shall be the duty of the Town Court to keep a correct record showing the amount paid, the date of payment, the number of the state license, the name of the owner, the violation for which the fine was paid and whether the violation is the first, second or third offense. It is further made the duty of the Town Court to account for all fines assessed and collected by him or her and to pay them into the General Continuing Education Fund of the Town.
(E) Failure of violator to report. When a violator of traffic regulations or safety measures is notified according to the provisions of this subchapter and fails to report according to the provisions of this subchapter, a warrant shall be issued for the arrest of the violator and, if he or she is located, he or she will be prosecuted in court.
(F) Penalties.
(1) For the violation of any traffic regulation or safety measure, the violator, upon the presentation of himself or herself at the office maintained by the Town Court the appropriate fine pursuant to the Penalty Appendix and the Fee Schedule.
(2) All forms for records of violations and notices of violations shall be serially numbered. For each month and year, a written record shall be kept available to the public showing the disposal of all such forms. All such records and reports shall be public records.
(2005 Code, § 60.04)