[HISTORY: Adopted by the Common Council of the City of Ithaca as
indicated in article histories. Amendments noted where applicable.]
[Adopted 4-5-2006 by Ord. No. 2006-07]
For the purpose of this article, the following terms shall have the
meanings ascribed to them. All other words shall have the meanings normally
ascribed to them in regular usage.
A card produced by a mechanical device generated with a time stamp
to record when the parking time for a parking facility patron has commenced.
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where fees are levied for parking.
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A City-designated structure or area where fees are levied for parking.
A person who enters a parking facility in a car.
A card issued by the proper parking authority to give the recipient
a permit to park in a parking facility.
No person shall intentionally fail to pay for parking charges incurred
in a parking facility.
A.
Except as provided in this article, any person who fails
to pay for parking charges incurred in a parking facility shall be presumed
to have done so intentionally.
B.
Obtaining a second or subsequent automatic parking card
prior to paying for parking is presumed to have been done with an intention
to avoid paying for all or some of the parking charges incurred.
C.
Use of a proximity card by someone other than the authorized
user is presumed to have been done so that the nonauthorized user can avoid
paying parking charges.
D.
Using or permitting the use of a proximity card in a
manner not authorized is presumed to have been done so to intentionally avoid
the paying for parking.
It shall be an affirmative defense to any violation of this article
that:
A.
There was either an equipment failure or absence of personnel
that prevented the patron from paying upon his/her exit;
B.
That the patron inadvertently entered the parking facility
with insufficient funds to pay for the parking and makes restitution at the
City Chamberlain's office within two business days.
C.
The patron was ready, willing and able to pay, but was
unable to do so due to any circumstances beyond the patron's control
or some extraordinary circumstance.
The violation of any provision of this article shall be punishable by
a fine of $50; provided, however, that a person who violates this article
after having been convicted of a violation of this article within the preceding
three years shall be punishable by a fine of $100; and further provided that,
upon application by the City, a person who violates this article after having
been convicted of a violation of this article twice within the preceding three
years shall be punishable by a fine of $250.
