[Adopted 10-12-2011 by Ord. No. 2011-19]
The purpose of this article is an administrative appeal process
for individuals who believe their parking citation was issued in error.
The appeals process was authorized by the Mayor and Council.
B.
Appealing a parking ticket.
(1)
Any person who feels that a Town of Georgetown parking ticket
was issued in error may contest the parking ticket by first speaking
with the parking attendant who issued the ticket.
(2)
If it remains unresolved, the violation may be contested by
filling out a Town of Georgetown Parking Violation Appeal Form. All
parking enforcement violations must be appealed within five days of
receiving the violation. Parking Violation Appeal Forms are available
at Town Hall, 39 The Circle. The completed form may either be dropped
off or mailed to the Town of Georgetown, 39 The Circle, Georgetown,
DE 19947. The administrative review process does not involve a court
appearance and will be reviewed within 10 days by either the Town
Manager or his designated representative. If the review is denied,
you are obligated to pay the fine noted on the ticket within five
days of notice of denial.
(3)
If the appeal is denied by the Town Manager or his/her designee,
the owner or person in possession of the vehicle shall be entitled
to a hearing before the Town Council. The request for a hearing shall
be set for the next regular meeting of the Town Council and shall,
in addition to placing it upon the meeting agenda, give notice to
the person requesting the hearing and the Georgetown Police Department.
No other notices are required. At such hearing, the Georgetown Police
Department shall produce evidence relevant to the issue of whether
or not the vehicle is in violation. The person requesting such hearing
shall then be permitted to introduce such witnesses and evidence as
he or she desires relevant to that issue. All witnesses shall be placed
under oath. Strict rules of evidence shall not be required; the Town
Council may accept any relevant evidence of a probative nature which,
in its opinion, is such as could reasonably be relied upon by persons
of common sense and procedure. At the conclusion of such hearing,
the Council shall determine, by majority vote, whether or not they
find that the owner's vehicle was in violation. Such determination,
with a brief statement of the findings upon which that decision was
made, shall be entered in the minutes of the meeting.
