§ 118-68. Amount of fines; response to violation notice; court appearance.

When a law or traffic enforcement officer finds a vehicle parked in violation of this article, or state law adopted pursuant to this article:

(1)

He or she shall issue a notice of violation to the vehicle and place the notice in a conspicuous place on the vehicle.

(2)

The fines shall be levied as follows:

a.

The fine for overtime parking is $10.00.

b.

The fine for a handicapped parking violation is $250.00.

c.

The fine for any other violation is $15.00.

d.

Fines shall increase pursuant to subsections (3) through (6) of this section.

e.

In addition to the penalties set out in this subsection, any person violating the provisions of this article shall be required to pay the cost of repairing any damage caused by such unlawful use, to the shoulders, slopes, ditches or rights-of-way.

(3)

Any person receiving a parking violation notice pursuant to this article shall respond to the violation notice by either of the following procedures within ten days after the date of issuance of the citation:

a.

Payment of the penalty indicated on the violation notice may be remitted to the clerk of the county court pursuant to the directions on such violation notice; or

b.

A hearing may be requested by the person receiving such violation notice or the cited vehicle's registered owner for the purpose of presenting evidence before a county judge or a civil traffic infraction hearing officer concerning a parking violation. Any person requesting a hearing shall execute a statement on a form provided by the finance department, indicating his or her willingness to appear at such hearing at a time and place specified thereon. Any person who requests a hearing and does not appear in accordance with said statement shall be subject to contempt proceedings before a county judge or to such other penalties as the court or hearing officer may, in his or her discretion, impose to require compliance with this article.

(4)

An election to request a hearing constitutes a waiver of the right to pay the civil penalty indicated on the parking violation notice; and a county judge or a hearing officer, after said hearing, upon making a determination that a parking violation has been committed, may impose a fine not to exceed $100.00, plus court costs, for each parking violation (except for a handicapped parking violation which shall be a fine not to exceed $500.00, plus court costs).

(5)

If the clerk of the county court receives a completed parking violation notice submitted by a law or traffic enforcement officer pursuant to this article, and if there has been no response to the violation notice within the ten-day period set forth in subsection (3) of this section, the original fine shall be doubled (except for a fine for a handicapped parking violation) and the clerk of the county court shall issue a summons. The clerk shall have the person to whom the violation notice was issued served with a summons requiring payment of the fine or attendance at a hearing at a time and place specified in such notice of summons. The amount of any fine imposed for violation of this article shall be increased by an additional $10.00 upon the issuance of a summons by the clerk of the county court to the person charged with a parking violation.

(6)

A county judge or a hearing officer, after a hearing on the parking violation notice, shall make a determination as to whether or not a parking violation has been committed and may impose a fine not to exceed $100.00 plus court costs (except for a handicapped parking violation which shall be a fine not to exceed $500.00, plus court costs.) Any violator upon whom service is obtained pursuant to this article who does not appear at the hearing as directed shall be subject to contempt proceedings before a county judge or to such other penalties as the court or hearing officer may, in his or her discretion, impose to require compliance with the clerk of the court's directive.

(Ord. No. 85-23, § VIII, 11-7-85; Ord. No. 96-30, § I, 11-7-96; Ord. No. 97-25, §§ I, II, 9-18-97; Ord. No. 99-7, § II, 4-8-99; Ord. No. 2006-06, § I, 3-16-06)