19930209 1993-5ORDINANCE NO. 1993-5
AN ORDINANCE AMENDING SECTION 13-59,
ARTICLE II, CHAPTER 13 OF THE CODE OF
THE CITY OF FAIRFAX, VIRGINIA,
CONCERNING THE ISSUANCE OF TICKETS FOR
PARKING VIOLATIONS AND THE PENALTY FOR
VIOLATION OF CERTAIN PARKING ORDINANCES.
BE IT ORDAINED by the City Council of the City of
Fairfax, Virginia, that Section 13-59, Article II, Chapter
13 of the Code of the City of Fairfax is hereby amended to
read as follows:
Sec. 13-59. Enforcement o~ article; payment to city
violations bureau for. v~o~ations in %leu 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 occupying the parking space
adjacent to such parking meter is or has been parked in
violation of any provisions of this article or any other
ordinance of the City governing the standing or the parking
Qf a vehicle.
(2) The state license number of such vehicle.
(3) The date and approximate time of such alleged
violatione.
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(4) Any other facts, the knowledge of which is
necessary to a thorough understanding of the circumstances
attending such violatione.
(b) The police officers or parking enforcement
officials making the above-mentioned report shall also
attach to such vehicle a notice of Darkina violation to the
owner t.h=r==f of such vehicle informing 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 or any
other ordinance of the city aoverninu the standing Or the
Darkin~ of a vehicle.
(2) The violator ~e 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 one hundred dollars ($100.00). for violations of
sections 13-37.~ and 9-14 (F-313.6(1)), in which case the
is fifty ($50 00) ~----'i-l-ti---- ~ ---~ ~
sum dollars . , ......................
for violations of section 13-80, in which case the sum is
fifteen dollars ($15.00), to the city treasurer's office
within ten (10) days from the time of the alleged violation
appearing on such notice. However. in order to discharge a
violation of Section 13-37.1. in addition to the Da~ent of
the sum set forth herein, the violator shall present
satisfacto~ evidence that the license required by Article
II has been obtaine~,
(3) if he the violator does not pay for or contest
the violation as provided for on the notice of parking
violation within thirty (30) days of the time of the alleged
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violation appearing on such notice of parking violation,
then a penalty of twenty-five dollars ($25.00) ~ shall be
added to the sum owed to the city.
(4) If h= the v~olator pays such sum and any
applicable penalty to the city treasurer's office, no action
shall be taken to prosecute hln the violator for the parking
violation specified on such notice.
If the owner or operator of any vehicle parked in
violation of or failing to comply with the provisions of
this article or any ordinance of the city governina the
standing or parking of a vehicle shall fail to pay the
prescribed sum and any applicable penalty to the city
treasurer's office within the time limit prescribed, a
complaint or s~mmons shall be issued for the alleged
violation after compliance with section 13-60. Thi= =cction
in additi=.n to and indcpcndcnt of thc uther method= provided
(c) Regardless of the requirements set forth above in
this section, if the police officers or parkina enforcement
officials observe any violation of this article or any
ordinance of the city g0vernin~ the standin~ or parkin~ of a
Vehicle. then. after compliance with section 13-60. they may
issue or cause to be issued a summons for the alleged
violation without first attaching to the vehicle a notice of
Darkin~ violation. Where a notice of Darkin~ violation is
Bot attached to the vehicle in violation, a penalty of
tweDty-f~ve dollars ($25.00) shall be added to the sum owed
to the city for all violations which are not promptly
prepaid or contested thirty (30) days after the date of the
notice re~uired by Section 13-60.
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~.,'-' Cd) 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 defendant named in the summons, notice
of parking ticket -it-t~vny~~B 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 was
the person who committed the violation at the point where,
and for the time during which such violation occurred.
This ordinance shall become effective as provided by
law.
INTRODUCED :
PUBLIC HEARING :
ADOPTED :
January 26, 1993
Februar,¥ 9, 1993
Februar,¥ 9~ 1993
ATTEST: