TITLE 12. TRAFFIC CODE
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.