A.
In the restricted parking area described in § 176-16, it shall be the duty of the traffic officer or other person or persons designated to enforce parking regulations to mark by any suitable device the tire of any vehicle parked in such area during the time parking is restricted noting the time of such marking and, upon determining that any such vehicle has parked longer than two hours during the restricted period established in § 176-16, to take the registration number, report the same to the Police Department together with the length of time in which the vehicle has remained in violation of this article, as well as other facts, a knowledge of which is necessary to an understanding of the circumstances attending such violation.
B.
Each such officer or person shall also attach to such
vehicle a notice stating that such vehicle has been parked or has
remained in such place in violation of a provision of this article
and instructing the owner or operator of such vehicle to report to
the Village Clerk's office in regard to such violation.
C.
Each such operator or owner may within 15 days of
the time when such notice was attached to such vehicle, pay to the
Village Clerk as a penalty for and in full satisfaction of such violation
(except handicap parking) a fee of $5 multiplied by the number of
periods of parking time established as the legal limit for such parking
space, and during which said vehicle occupies such parking space in
violation of any of the provisions of this article. After the expiration
of 15 days from the time of such notice was attached to such vehicle,
the penalties shall be increased to $10 multiplied by the number of
said period(s). After the expiration of 30 days from the time of the
aforesaid, the penalties shall be increased to $25 multiplied by the
number of periods of parking time established as the legal limit for
such parking space. If such fines are not paid, a warrant of arrest
will be issued. Handicap parking will be fined $10 for the first offense,
$15 for each additional offense. After the expiration of 30 days,
a warrant for arrest will be issued.
[Amended 3-4-1982 by L.L. No. 2-1982; 4-16-1987 by L.L. No.
2-1987]
D.
The failure of such owner or operator to make such
payment or payments as aforesaid shall render such owner subject to
the penalties as hereinafter provided.
E.
It shall be presumed that any vehicle parked in violation
of any provision of this article was parked with the permission of
the owner.
F.
Any person who shall fail to pay the penalty as hereinabove
provided shall be subject to prosecution and punishment as provided
in the Vehicle and Traffic Law.
[Added 1-16-1986 by L.L. No. 1-1986]
The term "appearance ticket" shall mean a written
notice issued and subscribed by a public servant authorized by law
to issue the same, directing a designated person to appear in a designated
local criminal court at a designated future time charging him/her
or her with the commission of a designated offense. A notice conforming
to such definition constitutes an appearance ticket regardless of
whether it is referred to in some other provision of law as a summons,
simplified traffic information, uniform traffic ticket, or by any
other name or title.
[Added 1-16-1986 by L.L. No. 1-1986]
The following persons are hereby authorized
to issue appearance tickets:
[Added 1-16-1986 by L.L. No. 1-1986]
The following laws may be enforced by the issuance
of an appearance ticket:
A.
All state and/or Village laws and codes.
[Added 1-16-1986 by L.L. No. 1-1986]
A.
Every appearance ticket that is issued pursuant to
the provisions of this chapter shall include the following:
(1)
Name
and address of the party or parties to whom the ticket is issued,
if known.
(2)
Reference
to the law or laws allegedly violated.
(3)
Place
and date of alleged violation or violations.
(4)
Place,
time and date that the party or parties is or are required to appear
in court.
(5)
Date
of issuance of appearance ticket and title and signature of issue
officer.
B.
Any error regarding the above shall be deemed to be
an amendable defect.
[Added 1-16-1986 by L.L. No. 1-1986]
The Village hereby establishes the position
of Parking Enforcement Officer, and said individual shall be authorized
to issue appearance tickets in furtherance of enforcement of any state
or local law, ordinance, rule or regulation relating to parking.
[Added 1-16-1986 by L.L. No. 1-1986]
The Village hereby establishes the position
of School Crossing Guard, and said individual shall be empowered to
regulate pedestrian and/or vehicular traffic and shall further be
empowered to issue appearance tickets only if the issuance of the
same relates to his duties as a school crossing guard and the enforcement
of the applicable laws of the State of New York and the Village of
Clyde.
[Added 1-16-1986 by L.L. No. 1-1986]
The compensation paid to the School Crossing
Guard and/or Parking Enforcement Officer shall be established by the
Village Board, and nothing herein shall preclude the same individual
from serving as both School Crossing Guard and Parking Enforcement
Officer.
