[Ord. of 12-4-1972; Ord. of 7-2-1991]
Unless another penalty is expressly provided by law, every person
convicted of a violation of any provision of this chapter shall be
punished by a fine of not more than $1,000.
[Ord. of 12-4-1972]
(a)
The City Treasurer shall provide books to include traffic citation
forms for notifying alleged violators to appear and answer to charges
of violating traffic laws and ordinances in the district court. Said
books shall include serially numbered sets of citations in quadruplicate
in the form prescribed and approved jointly by the district court
and the Chief of Police.
(b)
The City Treasurer shall issue such books to the Chief of Police,
or his duly authorized agent, and shall maintain a record of every
book so issued and shall require a written receipt for every such
book.
(c)
The Chief of Police shall be responsible for the issuance of such
books to individual members of the Police Department. The Chief of
Police shall require a written receipt for every book so issued and
shall maintain a record of every such book and each set of citations
contained therein.
[Ord. of 12-4-1972]
Except when authorized or directed under state law to immediately
take a person before a magistrate for the violation of any traffic
laws, a police officer who halts a person for such violation other
than for the purpose of giving him a warning or warning notice and
does not take such person into custody under arrest shall take the
name, address and driver's license number of said person, the
registered number of the motor vehicle involved, and such other pertinent
information as may be necessary, and shall issue to him in writing
on a form provided by the City Treasurer a traffic citation containing
a notice to answer to the charge against him in the district court
at a time specified in said citation. The officer, upon receiving
the written promise of the alleged violator to answer as specified
in the citation, shall release such person from custody.
[Ord. of 12-4-1972]
(a)
Every record of traffic citations, complaints thereon, and warrants
issued therefor required in this article shall be audited at least
quarterly by the City Treasurer, who shall submit a report to such
audit together with a summary thereof to the City Manager. Such reports
shall be public records.
(b)
The Chief of Police shall publish, or cause to be published, a quarterly
summary of all traffic citations issued by each member of the Police
Department, the disposition of the complaints thereon, and the issuance
and disposition of all warrants issued therefor to the City Manager.
(c)
For the purpose of this article, the City Treasurer, or his duly
authorized representatives, shall have access at all times to all
necessary records, files and papers of the district court and the
Police Department.
[Ord. of 12-4-1972]
In the event the form of citation provided under § 19-441 includes information and is sworn to as required under the general laws of this state in respect to a complaint charging commission of the offense alleged in said citation to have been committed, then such citation when filed with a court having jurisdiction shall be deemed to be a lawful complaint for the purpose of prosecution.
[Ord. of 12-4-1972]
It shall be unlawful for any person to violate his written promise
to appear given to an officer upon the issuance of a traffic citation
regardless of the disposition of the charge for which such citation
was originally issued.
[Ord. of 12-4-1972]
Whenever any motor vehicle without a driver is found parked,
standing or stopped in violation of any of the restrictions imposed
by ordinance of this municipality or by state law, the officer finding
such vehicle shall take its registration number and may take any other
information displayed on the vehicle which may identify its user,
and shall conspicuously affix to such vehicle a traffic citation on
a form provided by the City Treasurer for the driver to answer to
the charge against him within 10 days during the hours and at a place
specified in the citation.
[Ord. of 12-4-1972]
If a violator of the restrictions on stopping, standing or parking
under the traffic laws or ordinances does not appear in response to
a traffic citation affixed to such motor vehicle within a period of
10 days, the Chief of Police shall send to the owner of the motor
vehicle to which the traffic citation was affixed a letter informing
him of the violation and warning him that in the event such letter
is disregarded for a period of five days a warrant of arrest will
be issued.
[Ord. of 12-4-1972]
(a)
In any prosecution charging a violation of any law or regulation
governing the standing or parking of a vehicle, proof that the particular
vehicle described in the complaint was parked in violation of any
such law or regulation, together with proof that the defendant named
in the complaint was at the time of such parking the registered owner
of such vehicle, shall constitute in evidence a prima facie presumption
that the registered owner of such vehicle was the person who parked
or placed such vehicle at the point where, and for the time during
which, such violation occurred.
[Ord. of 12-4-1972]
In the event any person fails to comply with a traffic citation
given to such person or attached to a vehicle or fails to make appearance
pursuant to a summons directing an appearance in the district court,
or if any person fails or refuses to deposit bail as required and
within the time permitted by ordinance, the clerk of the district
court shall secure and issue a warrant for his arrest.
[Ord. of 12-4-1972]
All fines or forfeitures collected upon conviction or upon the
forfeiture of bail of any person charged with a violation of any of
the provisions of this chapter shall be paid into the municipal treasury
and deposited in a special fund to be known as the highway improvement
fund, which is hereby created and which shall be used exclusively
in the construction, maintenance and repair of public streets, bridges
and street structures, or for the installation and maintenance of
traffic-control devices thereon.
[Ord. of 12-4-1972]
Failure, refusal or neglect on the part of any judicial or other
officer or employee receiving or having custody of any such fine or
forfeiture, either before or after a deposit in said highway improvement
fund, to comply with the foregoing provision of this article shall
constitute misconduct in office and shall be ground for removal therefrom.
[Ord. of 12-4-1972]
When authorized by the laws of this state, any police officer
may remove a vehicle from a street or highway.
