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City of Waverly, IL
Morgan County
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A. 
The Chief of Police shall provide books to include citation and notice forms for notifying alleged violators to appear and answer to charges of violating any of the provisions of this chapter prohibiting or restricting parking of vehicles. Such books shall include serially numbered sets of citations and notices in the form provided by the County Clerk of the Circuit Court and each such set shall consist of five forms known as:
(1) 
Complaint-notice to appear;
(2) 
Copy of complaint-notice to appear;
(3) 
Final notice;
(4) 
Complaint-police record copy; and
(5) 
Citation (in the form of an envelope).
B. 
The Chief of Police shall be responsible for the issuance of such books to individual police officers and he shall require a written receipt for every such book issued and shall maintain a record of every such book and each set of citations and notices contained therein.
Whenever any motor vehicle without a driver is found parked in violation of any of the provisions of this chapter prohibiting and restricting parking of vehicles, the police officer finding such vehicle shall take down and note in the appropriate blank spaces of all five forms provided for by this article the time, place and description of the violation claim, including the number of the section of this chapter wherein such violation is defined; the state license number of such vehicle; and any other information displayed on such vehicle which may identify its owner or operator.
The police officer shall conspicuously affix to a vehicle found in violation of any of the provisions of this chapter prohibiting and restricting parking, the citation portion of the five forms aforesaid, which such citation, in addition to containing the information aforesaid, shall advise the owner or operator of such vehicle that he may settle the violation claim on or before the due date specified in such citation, which such due date shall be not less than five days nor more than seven calendar days after such violation claim, by paying to the City, personally or by mail, the amount applicable to such violation as set forth in § 285-29.
If a violator of the prohibitions or restrictions on parking, under the provisions of this chapter, fails to pay and settle the violation claim on or before the due date specified in the citation affixed to such vehicle, the police officer who so affixed such citation shall mail or cause to be mailed to the owner of such vehicle the applicable final notice portion of the five-form set provided for by this article, which such final notice, in addition to containing the information set forth in the citation previously affixed to such vehicle, shall advise the owner of such vehicle that he may pay and settle the violation claim on or before the final notice date specified in such final notice, which such final notice date shall be not less than five days and not more than seven days after the due date specified in the citation previously affixed to such vehicle, by paying to the City, personally or by mail, the amount applicable to such violation as set forth in § 285-29.
A. 
In any prosecution charging the violation of any provision of this chapter prohibiting or restricting vehicles, proof that the particular vehicle is registered with the Secretary of State in the name of the alleged violator shall constitute in evidence a prima facie presumption that such alleged violator was in control of or was the operator of such vehicle at the time of such alleged violation.
B. 
The foregoing stated presumption shall apply only when the procedure as prescribed in this article has been followed.
If the alleged violator does not pay and settle the violation claim on or before the final notice date specified in the final notice mailed pursuant to this article, such alleged violator shall be served with a copy of the complaint-notice to appear with a court date filled in, and the original of such complaint, duly sworn to, shall be filed in the Circuit Court. Such court date shall be the next available court date under the City's schedule of cases to be set.
The violation claim described in the citation affixed to a vehicle may be settled, compromised and paid in the respective amounts determined therefor by the City Council from time to time.