CHAPTER 12-2800. ADMINISTRATIVE ADJUDICATION OF PARKING VIOLATIONS
§12-2804. Issuance and Service of Parking Tickets.
(1) Any police officer or other duly authorized employee of the City
or any agency thereof or of the Parking Authority who observes a parking
violation shall serve a parking ticket upon the owner or operator of the vehicle
as provided in this Section.
(2) The parking ticket shall be in the form
established by the Parking Authority and approved by the Director of Finance,
and shall contain information advising the person to whom it is issued of the
manner in which and the time within which an answer to the violation alleged is
required. The parking ticket shall also advise that additional fees and costs
may result from a failure to answer, that the failure to answer or appear shall
be considered an admission of liability, and that impoundment of the vehicle and
other civil action may result from a failure to pay the amount due. A parking
ticket in use by the Parking Authority as of the effective date of this Chapter
shall be valid notice of a parking violation within the meaning of this
Section.
(3) A parking ticket may be served upon the owner of the
vehicle by affixing the ticket to the vehicle in a conspicuous place. A parking
ticket may be served personally upon the operator of a vehicle who is present at
the time of service. The plate number and type as shown by the registration
plates of the vehicle and the make or model of the vehicle shall be recorded on
the ticket. If the license plate is not visible or legible or has been
improperly affixed to the vehicle, other appropriate identification may be used,
such as the vehicle identification number. The parking ticket shall also contain
other sufficient information to identify the vehicle and to inform the person of
the nature, date, time and location of the violation alleged. Failure to answer
a parking ticket served by affixation as provided in this subsection shall be
subject to the same fines, costs and additional fees and shall have the same
force and effect as if the parking ticket were personally served on the owner
and operator of the vehicle.
(4) Except as provided in subsection
12-2804(8), a person to whom a parking ticket has been served shall answer
within eight (8) days after the date the ticket was served. Failure to answer
within the prescribed period shall result in the imposition of additional fees
as set forth in § 12-2809.
(5) The original parking ticket shall be
signed by the issuing officer who shall affirm the truth of the facts set forth
therein. The original ticket or any true copy thereof (or any facsimile of the
original ticket transferred onto microfilm, computer tape, or other form of data
storage) shall be considered a record kept in the ordinary course of business of
the City and shall be prima facie evidence of the facts contained
therein.
(6) The Parking Authority shall cause parking tickets to be
prepared and distributed to the Police Department and other issuing
agencies.
(7) An operator of a vehicle who is not the owner thereof but
who uses or operates the vehicle with the permission of the owner, express or
implied, shall be considered the agent of the owner to receive parking tickets
served in accordance with this Section.
(8) An owner of a vehicle who is
engaged in the business of renting or leasing vehicles under written rental or
leasing agreements (the "Lessor") shall not be liable for any fines, costs or
additional fees prescribed and assessed pursuant to this Chapter if, within
thirty (30) days after a notice of violation is issued pursuant to subsection
12-2805(1) of this Chapter with respect to a parking violation, the Lessor
furnishes to the Parking Authority, in such form as the Parking Authority may
specify by regulation, the true name, address, driver’s license number and
state of issuance for the person in possession of the vehicle at the time of the
violation (the "Lessee"). The Lessor may, in the alternative, provide a true
copy of the lease or rental agreement. The Parking Authority may impose a fee,
not to exceed one ($1.00) dollar per parking violation, to cover the costs of
administration of this subsection, payable by the Lessor. If the name or address
provided by a Lessor for a Lessee is inaccurate, the Lessor shall remain liable
for the violation charged.