(A) Registered owner.
(1) Prima facie evidence. In any prosecution against the registered owner of a motor vehicle charging a violation of any regulation governing the standing or parking of a vehicle under any ordinance of the city, proof that the particular vehicle described in the complaint was parked in violation of any such ordinance, together with proof that the defendant named in the complaint was, at the time of parking, the owner of the vehicle, shall constitute prima facie evidence that the owner of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred. For the purposes of this section, proof that a person is the registered owner of a vehicle is not prima facie evidence that the registered owner has violated any other provision of law.
(2) Written lease; rental agreement. Proof of a written lease or of a rental agreement for a particular vehicle described in the complaint on the date and time of the violation, which lease or rental agreement includes the name and address of the person to whom the vehicle is leased or rented, shall rebut the prima facie evidence that the registered owner was the person who parked or placed the vehicle at the time and place where the violation occurred. Such lease or rental agreement, when presented to the Chief of Police, may be accepted as proof that the registered owner was not the violator.
(B) Rented or leased vehicle. In any prosecution against the lessee or renter of a motor vehicle charging a violation of any regulation governing the standing or parking of a vehicle under any ordinance of the city, proof that the particular vehicle described in the complaint was parked in violation of any provision of the ordinances, together with proof that the defendant named in the complaint was, at the time of parking, the lessee or renter of the vehicle shall constitute prima facie evidence that the lessee or renter of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred. For the purposes of this division (B), proof that a person is the lessee or renter of a vehicle is not prima facie evidence that the lessee or renter has violated any other provision of the law.
(C) Bona fide sale or transfer. Any charge under such ordinance shall be dismissed when the person charged has made a bona fide sale or transfer of the vehicle as evidenced by a valid written instrument showing that possession was delivered thereof to the purchaser, and has complied with the requirements of Idaho Code Title 49, Chapter 4, prior to the date of the alleged violation, and has advised the court of the name and address of the purchaser and the date of the sale, written proof of which shall be presented to the Chief of Police.
(Prior Code, § 6-3-14) (Ord. 95-08, passed 11-3-1995)