19880913 1988-19ORDINANCE NO. 1988-19
AN ORDINANCE AMENDING SECTIONS 13-28, 13-58 AND 13-59,
ARTICLE II OF CHAPTER 13 OF THE CODE OF THE CIT ~r OF
FAIRFAX, VIRGINIA CONCERNING ENFORCEMENT OF CERTAIN
PARKING ORDINANCES B ¥ PARKING ENFORCEMENT OFFICIALS
AND COLLECTION OF MONE¥ FROM CIT¥ METERS.
BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that the
existing Section 13-28, Article II of Chapter 13 of the Code of the City of Fairfax,
Virginia, be and hereby is amended to add the following definition:
Parking enforcement officials: Administrative officials employed by the City of
Fairfax Police Department whose duties shall be to enforce the parking ordi-
nances of the City of Fairfax.
BE IT FURTHER ORDAINED by the City Council of the City of Fairfax, Vir-
ginia, that the existing Sections 13-58 and 13-59, Article II of Chapter 13 of the Code
of the City of Fairfax, Virginia, be and hereby are amended in their entirety as
follows:
Section 13-58. Collection and deposit of funds from meters.
It shall be the responsibility of the City Treasurer to make regular collections of
the money deposited in parking meters located within the city and to deposit
such money to the city bank account.
Section 13-59. Enforcement of artiele~ payment to city violations bureau for
violations in lieu of other penalties~ responsibility for violations.
(a)
It shall be the duty of the police officers or parking enforcement officials
to police all parking meters, to enforce this article and to maintain within
the police department, in the city, a written report of each violation of
failure to comply with this article, stating:
(1)
The ordinance or regulation alleged to have been violated, or the
number of the parking meter which indicates that the vehicle oc-
cupying the parking space adjacent to such parking meter is or has
been parked in violation of any provisions of this article.
(2) The state license number of such vehicle.
(3) The date and approximate time of such alleged violations.
(4)
Any other facts, the knowledge of which is necessary to a thorough
understanding of the circumstances attending such violations.
(b)
The police offieers or parking enforcement official making the above-
mentioned report shall also attach to such vehicle a notice to the owner
thereof that:
(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 five dollars in the case of a parking meter
violation or ten dollars in the ease of other violations to the city
violations bureau within ten days from the time of the alleged viola-
tion appearing on such notice, exclusive of Saturdays, Sundays and
national holidays.
(3)
If he pays such sum to the city violations bureau, no action shall be
taken to prosecute him for the excessive or improper parking speci-
fied on such notice.
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(4)
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 cor-
responding serial numbers and all blank reports issued hereunder shall
be accounted for by the respective police officers or parking en-
forcement 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 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 to the city violations bureau within the time limit
prescribed, then the police department shall cause a complaint,
summons or warrant to be issued for the alleged violation after eom-
plianee 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 en-
forcement in addition to and independent of the other methods
provided by law and this article.
(e)
In any prosecution charging a violation of any Section of this article or any
ordinance of the city governing the standing or parking of a vehicle, proof
that the particular vehicle involved in such stated offense was parked in
violation of such Section or ordinance, together with proof that the defen-
dant named in the summons or warrant was, at the time of such standing
or parking, the registered owner of such vehicle, shall constitute, in
evidence, a prima facie presumption that such registered owner of such
vehicle at the point where, and for the time during which such violation
occurred. (Code 1966, Sec. 13-247; Ord. No. 1977-21; Ord. No. 1980-1.)
This ordinance shall be effective immediately upon its execution by the Mayor.
Introduced: August 30, 1988
Adopted: September 13, 1988
ATTEST:
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