[Amended 2-5-2008; 6-21-2022 by Order No.
22-249-01]
A.
Unless another penalty is expressly provided by state law, every person found guilty of a violation of any provision of this chapter shall be punished by a fine of not more than $100 and not less than $50 for each offense; however, for parking violations a separate fine schedule is included below. Parking tickets must be paid in full within 30 days of the violation date. After 30 days, the parking ticket fine, as noted below, will double. A vehicle with multiple unpaid parking tickets, as noted in § 245-106 of this code, may be subject to impoundment.
(1)
No parking zone: $10.
(2)
Wrong side of street: $10.
(3)
Too close to hydrant: $25.
(4)
Double parking: $15.
(6)
Bus stop: $10.
(7)
Blocking driveway: $10.
(8)
Parking in crosswalk: $15.
(9)
Improper parking: $10.
(10)
Overtime parking: $10.
(11)
Parking in designated handicapped spaces: $50.
(12)
Other: $10.
(13)
Snow emergency: $50.
(14)
Unreasonable deposit of snow/ice: $50.
(15)
Impeding traffic: $10.
(16)
Vehicular trespassing: $15.
(17)
Fire lane: $50.
B.
All fines and penalties collected under this chapter
shall be paid into the City treasury, and the City Council is authorized
to employ all such procedures authorized by law which it deems prudent
to collect the same.
It shall be unlawful and in violation of this
chapter for any person to cause, allow, or suffer any vehicle registered
in the name of or operated by such person to do any act forbidden
or fail to perform any act required in this chapter, provided that
the fact that a vehicle is unlawfully parked shall be prima facie
evidence of the unlawful parking of such vehicle by the person in
whose name such vehicle is registered. Further, any vehicle parked
in violation of this chapter (whether because of length of time, place,
or the manner in which said vehicle is parked) is declared to be an
obstruction in such street or public way and a menace to the safe
and proper regulation of traffic.
No person shall willfully fail or refuse to
comply with any lawful order or direction of a police officer or Fire
Department official.
A.
It shall be the duty of the officers of the Police
Department or such officers as are assigned by the Chief of Police
to enforce all street traffic laws of the Town and all of the state
vehicle laws applicable to street traffic in the Town.
B.
Officers of the Police Department or such officers
as are assigned by the Chief of Police are hereby authorized to direct
all traffic by voice, hand or signal in conformance with traffic laws,
provided that, in the event of a fire or other emergency or to expedite
traffic or to safeguard pedestrians, officers of the Police Department
may direct traffic as conditions may require, notwithstanding the
provisions of the traffic laws.
C.
Officers of the Fire Department, when at the scene
of a fire or similar public safety incident, may direct or assist
the police in directing traffic or similar public safety incident
in the immediate vicinity.
A.
The Town shall provide books or forms to include traffic
citation forms for notifying alleged violators to appear and answer
charges of violating traffic laws and ordinances in the District Court.
Such books may include serially numbered sets of citations in the
form prescribed by the Chief of Police.
B.
The Chief of Police shall be responsible for the issuance
of such books to individual members of the Police Department. The
Chief 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.
Except when authorized or directed under state
law to immediately take a person before a magistrate or other court
official 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 such person's name and address, the
operator's license number, the registered number of the motor vehicle
involved, and such other pertinent information as may be necessary.
The officer shall then issue to such person in writing on the original
form provided by the Town a traffic citation containing a notice to
answer to the charge against him in the District Court as soon as
practicable after such alleged violation. The alleged violation shall
be specified in the citation.
A.
Every police officer, upon issuing an original traffic
citation to an alleged violator of any provision of the motor vehicle
laws of this state or of any traffic ordinance of the Town, shall
deposit the copy of the citation with his immediate superior officer,
who shall make a police blotter record of it.
B.
The citation shall be disposed of in accordance with
those laws of the state which govern the procedures in the District
Court.
C.
The Chief of Police shall also maintain or cause to
be maintained in connection with every traffic citation issued by
a member of the Police Department a record of the disposition of the
charge by the District Court or its Traffic Violations Bureau.
D.
The Chief of Police shall also maintain or cause to
be maintained a record of all warrants issued by the District Court
or by any other court on traffic violation charges and which are delivered
to the Police Department for service and of the final disposition
of all such warrants.
E.
It shall be unlawful and official misconduct for any
member of the Police Department or other officer or public employee
to dispose of, alter or deface a traffic citation or any copy thereof,
or the record of the issuance or disposition of any traffic citation,
complaint or warrant, in a manner other than as required by this section.
It shall be unlawful for any person to cancel
or solicit the cancellation of any traffic citation in any manner
other than as provided by this article.
No person shall remove from any vehicle a traffic
law violation ticket or notice of citation placed on or in such vehicle
by a police officer of the Town, except for the purpose of answering
such notice or citation as required therein.
Whenever any motor vehicle without a driver
is found parked or stopped in violation of any of the restrictions
imposed by ordinances of the Town 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 Town.
A.
Members of the Police Department are hereby authorized
to remove a vehicle from a street or highway to the nearest garage
or other place of safety or to a garage designated or maintained by
the Police Department or otherwise maintained by the City under the
circumstances hereinafter enumerated:
[Amended 12-21-2021 by Order No. 21-482-01; 6-21-2022 by Order No.
22-249-01]
(1)
When any vehicle is left unattended upon a bridge,
viaduct or causeway, where such vehicle constitutes an obstruction
to traffic.
(2)
When a vehicle upon a highway is so disabled as to
constitute an obstruction to traffic and the person or persons in
charge of the vehicle are by reason of physical injury incapacitated
to such an extent as to be unable to provide for its custody or removal.
(3)
When any vehicle is left unattended upon a street
and is so parked illegally as to constitute a definite hazard or obstruction
to the normal movement of traffic.
(4)
When a vehicle is parked in a manner obstructing snow
removal.
(5)
When,
according to Police Department records, a vehicle has three unpaid
parking tickets and said vehicle is parked on a public way or City
controlled property.
(6)
When,
according to Police Department records, a vehicle has two unpaid parking
tickets, and an officer is citing the vehicle for a third time.
B.
Whenever an officer removes a vehicle from a street
as authorized in this section and the officer knows or is able to
ascertain from the registration records in the vehicle the name and
address of the owner thereof, such officer shall immediately give
or cause to be given notice in writing to such owner of the fact of
such removal, the reasons thereof and the place to which such vehicle
has been removed. In the event any such vehicle is stored in a public
garage, a copy of such notice shall be given to the proprietor of
such garage.
C.
Whenever an officer removes a vehicle from a street
under this section and does not know and is not able to ascertain
the name of the owner, or for any other reason is unable to give the
notice to the owner as hereinbefore provided, and in the event the
vehicle is not returned to the owner within a period of three days,
then and in that event the officer shall immediately send or cause
to be sent a written report of such removal by mail to the State Department,
whose duty it is to register motor vehicles, and shall file a copy
of such notice with the proprietor of any public garage in which the
vehicle may be stored. Such notice shall include a complete description
of the vehicle, the date, time and place from which removed, the reasons
for such removal, and the name of the garage or place where the vehicle
is stored.
D.
In the event of any impoundment under this section,
the owner of the vehicle must pay all outstanding charges assessed
against him under this chapter, including but not limited to reasonable
towing and impoundment fees.
