19890425 1989-21ORDINANCE NO.]989-21
AN ORDINANCE AMENDING SECTIONS 13-59(b) and
13-60, ARTICLE II, CHAPTER 13 OF THE CODE
OF THE CITY OF FAIRFAX, VIRGINIA CONCERNING
PENALTIES FOR PARKING VIOLATIONS.
BE IT ORDAINED that Sections 13-59(b) and 13-60, Article
II, Chapter 13 of the Code of the City of Fairfax, Virginia are
hereby amended in their entirety as follows:
Section 13-59. Enforcement of article; payment to city
violations bureau for violations in lieu of
other penalties; responsibility for violations.
(b) The police officers or parking enforcement official~
making the above-mentioned report shall also attach to such
vehicle a notice to the owner thereof %~m~ informinq him of the
following provisions of law:
(1) Such vehicle has been parked in a manner that
fails to comply with the provisions of this article.
(2) He may pay the sum of ten dollars ($10.00) in
the case of a parking meter violation or twenty-five
dollars ($25.00) in the case of other violations, except
for violations of section 13-32, in which case the sum is
fifty dollars ($50.00), and for violations of section 13-
37.1, in which case the sum is twenty dollars ($20.00), to
the city
violations bureau within ten (10) days from the time of
the alleged violation appearing on such notice~ r
(3) If he does not pay for the violation within
thirty (30) days of the time of the alleged violation
appearing on such notice, a penalty of twenty-five dollars
($25.00) will be added to the sum owed to the city. This
penalty provision does not apply to violations of section
13-30 (a) (4).
1989-21
-2
6~ (4) If he pays such sum and any applicable
penalty to the city violations bureau, no action shall be
taken to prosecute him for the
parking violation specified on such notice.
~%~ (5) Otherwise he will be in violation of this
article and a summons or warrant will be issued in due
course subjecting him to the penalties provided in section
13-61. Such notice shall also notify the owner that if he
wishes to contest the violation for which the citation was
issued, he may do so by signing a certification, on an
appropriate form available at the city clerk of court's
office, whereupon a date will be set for trial on the
violation in the general district court for the city. The
report and notice above provided shall bear corresponding
serial numbers and all blank reports issued hereunder
shall be accounted for by the respective police officers
or parking officials. If the owner or operator of any
vehicle parked in violation of or failing to comply with
the provisions of this article shall, pursuant to such
notice, pay the prescribed sum and any applicable penalty
to the city violations bureau, no action shall be taken to
prosecute the owner or operator of such vehicle for such
violation or noncompliance.
If the owner or operator of any vehicle parked in
violation of or failing to comply with the provisions of
this article shall fail to pay the prescribed sum and any
applicable penalty to the city violations bureau within
the time limit prescribed, the police department shall
cause a complaint, summons or warrant to be issued for the
alleged violation after compliance with section 13-60.
This section is intended to provide an aid to the strict
enforcement of this article without imposing an undue
burden upon offenders, and shall be construed as a method
of enforcement in addition to and independent of the other
methods provided by law and this article.
1989-21
-3
Sec. 13-60. Conditions precedent to issuance of warrants for
violation of parking regulations.
Before any summons or warrant shall be issued for the
prosecution of a violation of this article, the accused
violator shall have been first notified by mail at his last
known address or at the address shown for such violator in the
records of the division of motor vehicles, that he may pay the
fine and any applicable penalty provided by law for such
violation within
five (5) days of receipt of such notice, and the officer
issuing such warrant shall be notified that the violator has
failed to pay such fine and any applicable penalty within such
time. The notice to the violator required by the provisions of
this section shall be contained in an envelope bearing the
words #Law-Enforcement Notice# stamped or printed on the face
thereof in type at least one-half inch in height.
INTRODUCED :
PUBLIC HEARING:
ADOPTED :
April ll, 1989
April 25, 1989
April 25, 1989
'~ / ~MAYOR
ATTEST:
Ct~0Clerk