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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