[CC 2000 §6-9-1; CC 1974 §§10-57 — 10-58]
A.
Bureau Established — Hours. There is hereby established
a Violations Bureau to assist the court with the clerical work of
traffic cases. The Bureau shall be in charge of such person and shall
be open such hours as the Board of Aldermen may designate.
B.
Duties. The duties of the Violations Bureau shall be as
follows:
1.
It shall accept designated fines, issue receipts and represent in
court such violators as are permitted and desire to plead guilty,
waive court appearance and give power of attorney.
2.
It shall keep an easily accessible record of all violations of which
each person has been guilty during the preceding twelve (12) months,
whether such guilt was established in court or in the Violations Bureau.
3.
If any person who has received a notice or summons as provided in Sections 125.410 or 125.420 of this Chapter fails to appear at the Violations Bureau within the specified time, the Violations Bureau shall forthwith forward the copy of such notice or summons to the Mayor who shall cause a complaint to be filed against such person for such violation. The Violations Bureau shall not accept fines from persons thereafter but shall consider them entirely under the jurisdiction of the court. The Violations Bureau shall forward to the Mayor the copies of all notices or summonses in cases in which it has no jurisdiction.
4.
The Bureau shall keep records and submit summarized monthly reports
to the Mayor and Chief of Police of all notices issued and arrests
made for violations of this Title and of all the fines collected by
the Violations Bureau. These reports shall be public record.
[CC 2000 §1-8-6; CC 1974 §15-11]
The City shall provide all expenses incident to the operation
of the Violations Bureau. The Municipal Court Clerk is hereby designated
as the Violations Clerk of the Bureau.
A.
Any
person charged with an offense for which payment of a fine may be
made to the Violations Bureau shall have the option of paying such
fine within the time specified in the notice of arrest at the Violations
Bureau upon entering a plea of guilty and upon waiving appearance
in court or may have the option of depositing required lawful bail
and, upon a plea of not guilty, shall be entitled to a trial as authorized
by law.
B.
The
payment of a fine to the Bureau shall be deemed an acknowledgement
of conviction of the alleged offense, and the Bureau, upon accepting
the prescribed fine, shall issue a receipt to the violator acknowledging
payment thereof.
A.
The
following duties are hereby imposed upon the Violations Bureau in
reference to traffic offenses:
1.
It shall accept designated fines, issue receipts and represent in
court such violators as are permitted and desire to plead guilty,
waive court appearance and give power of attorney;
2.
It shall receive and issue receipts for cash bail from the persons
who must or wish to be heard in court, enter the time of their appearance
on the court docket, and notify the arresting officer and witnesses,
if any, to be present.
The Violations Bureau shall keep records and submit to the judges
hearing violations of City ordinances summarized monthly reports of
all notices issued and arrests made for violations of the traffic
laws and ordinances in the City and of all the fines collected by
the Violations Bureau or the court and of the final disposition or
present status of every case of violation of the provisions of said
laws and ordinances. Such records shall be so maintained as to show
all types of violations and the totals of each. Said records shall
be public records.
[CC 2000 §6-9-6; CC 1974 §10-64]
The City Clerk shall provide, in triplicate, suitable serially
numbered forms for notifying violators to appear and answer to charges
of violating the provisions of this Title. Such forms shall be issued
to and receipted for by the Chief of Police or other person acting
for him/her. The City Clerk shall, each month, report to the Mayor
the disposal made by the Chief of Police and his/her deputies of all
duplicate forms issued to them. For this purpose, the City Clerk or
his/her representative shall have access to the necessary records
of the Chief of Police's office and Violations Bureau. These reports
shall be public records.
The Violations Bureau shall follow such procedure as may be
prescribed by the traffic ordinances of the City or as may be required
by any laws of this State.
[CC 2000 §6-9-2; CC 1974 §10-59]
A.
Arrest — Information And Notice To Appear. Whenever
any person is arrested for violating any provision of this Title,
the arresting officer shall take the violator's name, address, operator's
or chauffeur's license number, City license number, the registration
number and the name of the make of the motor vehicle involved and
issue to him/her, in writing, on a form provided by the City Clerk,
a notice to answer to the charge against him/her on a day specified
in the notice, such day to be not less than four (4) nor more than
thirty (30) days after the arrest, also during the hours and at a
place specified in such notice. The officer shall answer as specified
in the notice and release him/her from custody; provided however,
that if the violator is a non-resident of the City, the arresting
officer may require that the violator enter into a recognizance with
sufficient surety conditioned that he/she will appear before the Municipal
Judge at the time and a place appointed before he/she shall release
such violator from custody and if the violator shall fail or refuse
to enter into such recognizance, he/she may be committed to prison
and held to answer such complaint.
B.
Copies Of Notice. The arresting officer shall send one (1)
copy of such notice to the Court Clerk.
C.
Violation. Any person who willfully violates his/her written
promise to appear, given in accordance with this Section, shall be
guilty of a misdemeanor, regardless of the disposition of the charge
on which he/she was originally arrested.
[CC 2000 §6-9-3; CC 1974 §§10-54, 10-56, 10-60]
A.
Citations.
1.
Issuance of citation — copies. Whenever any
motor vehicle without an operator is found parked in violation of
the parking restrictions of this Title, the officer finding it shall
take its registration number and any other information displayed on
the vehicle which may identify its user and affix conspicuously to
such vehicle a notice, in writing, on a form provided by the Court
Clerk, for the operator to answer to the charge against him/her on
a day specified in the notice.
2.
Violation. Any operator of a motor vehicle who willfully
neglects to answer to the charges set forth in a notice affixed by
the Chief of Police or Police Officer, in accordance with this Subsection,
to such motor vehicle shall be guilty of a misdemeanor regardless
of the disposition of the charge for which the notice was originally
issued.
B.
Impoundment Of Illegally Parked Vehicles. Any vehicle parked
upon a public street of the City at a place, in a manner or for a
length of time prohibited by this Title or any vehicle parked upon
a public parking lot operated by the City without a permit, if such
is required or beyond the time limit lawfully established by parking
meters or other device or sign, is, if unoccupied and unattended,
hereby declared to be an obstruction in such street or parking lot
and a public nuisance. Any officer of the City is hereby authorized
to cause such to be removed to and impounded in the depository provided
by the City for such purpose. Any such vehicle so impounded shall
be released to the owner or person entitled thereto on payment to
the towing firm the cost of towing and an additional storage fee.
C.
Responsibility For Violation. If any vehicle is found upon
a street or highway in violation of any provision of this Title regulating
the stopping, standing or parking of vehicles and the identity of
the operator cannot be determined, the owner or person in whose name
such vehicle is registered shall be held prima facie responsible for
such violation.
[CC 2000 §6-9-4; CC 1974 §§10-61, 10-63]
A.
Payment Of Penalties. Persons who have received notices as provided in Section 125.410 of this Chapter may, except as otherwise provided in this Chapter, answer at the Violations Bureau to the charges set forth in such notice by paying a prescribed fine and, in writing, pleading guilty to the charge, waiving a hearing in court and giving power of attorney to the person in charge of the Bureau to make such a plea and pay such fine in court. Acceptance of the prescribed fine and power of attorney by the Bureau shall be deemed complete satisfaction for the violation and the violator shall be given a receipt which so states.
B.
Court Appearance Required. Any person who has been guilty
of two (2) or more violations of the provisions of this Title within
the preceding six (6) months shall not be permitted to pay a fine
at the Violations Bureau but must appear in court at the time specified
by such notice.
[CC 2000 §6-9-5; CC 1974 §10-62; Ord. No. 734, 9-19-1988]
The standard municipal offenses schedule, which is attached
to Ordinance 734 and is on file in the office of the City Clerk, may
be satisfied at the Violations Bureau.
[CC 2000 §6-9-7; CC 1974 §10-65]
All fines or forfeitures collected upon conviction or upon the
forfeiture of bail of any person charged with a violation of any provision
of this Title shall be paid to the City Treasury and deposited in
the General Revenue Fund.
