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2001_Ordinances
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AN ORDINANCE to amend and reordain Section 15-149 (Procedure for parking violations; <br />• payment of fine without trial) of Chapter 15 (MOTOR VEHICLES AND TRAFFIC) of the <br />Code of the City of Charlottesville, 1990, as amended. <br />BE IT ORDAINED by the Council of the City of Charlottesville, Virginia, that: <br />1. Section 15-149 of Chapter 15 of the Code of the City of Charlottesville, 1990, as <br />amended, is hereby amended and re -ordained as follows: <br />Sec. 15-149. Procedure for parking violations; payment of fine without trial. <br />(a) Police officers and other persons authorized by the chief of police to enforce the provisions <br />of this article shall post a written notice of violation on the windshield of each vehicle found illegally <br />parked on city streets or city operated parking lots. Such notice of violation shall state that the <br />recipient of the notice may elect to waive his right to appear and be tried for the offense indicated in <br />the notice. <br />(b) A person desiring to waive trial for a parking violation may do so by voluntarily remitting <br />to the parking enforcement bureau in the city treasurer's office the amount of the fine stipulated for <br />each violation marked on the notice given pursuant to subsection (a) of this section. Such fine shall <br />be levied in accordance with the schedule set forth in subsection (e) of this section. If the required <br />amount is not received in the city treasurer's office, placed in the "courtesy box" located in the lobby <br />of the police department or mailed and postmarked within forty-eight (48) ninety-six (96) hours after <br />• the notice of violation is issued, the amount of the applicable fine shall be doubled. <br />(c) Whenever a fine is paid by mail pursuant to this section, the responsibility for receipt of <br />the payment by the parking enforcement bureau of the treasurer's office shall lie with the registered <br />owner of the vehicle involved. Payment may be made by personal check; provided, that if such check <br />is returned for insufficient funds, the vehicle owner shall remain liable for the parking violation and <br />shall likewise be subject to the service charge prescribed in section 11-8 of this Code for processing <br />the returned check. Where the date on which a payment is due falls on a Saturday, Sunday, legal <br />holiday or any other day on which the treasurer's office is closed, the payment shall be made on the <br />next day that is not a Saturday Sunday, legal holiday, or day on which the treasurer's office is closed. <br />(d) Any recipient of a notice of a parking violation desiring to contest the charges cited in the <br />notice shall appear at the parking enforcement bureau in the city treasurer's office and, on forms <br />provided by the treasurer, file a written request for administrative review and nolle prosequi of the <br />charges. The facts of the request shall be reviewed and commented upon by a representative of the <br />parking enforcement bureau and a representative of the traffic division of the police department, who <br />shall recommend whether the request should be approved or denied. Acting on such request and <br />recommendation, an assistant attorney for the commonwealth shall decide whether the charge shall <br />be nolle prossed. The recipient of the notice shall indicate on the request for review whether a hearing <br />in court is demanded in the event the request for nolle prosequi is denied. If the request for review is <br />made within forty-eight (48) ninety-six (96) hours of the violation, the recipient shall have an <br />• additional ninety-six (96) hours after denial of the request to remit the fine before the <br />amount thereof is doubled. <br />
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