A.
Any member of the Westerly Police Department and any other duly authorized law enforcement officer who charges any person with an offense as set out in Articles II, III and IV shall, in addition to issuing a summons for such offense, provide the offending operator with a form which, when properly executed by the officer and the offender, will allow the offender to dispose of the charge without the necessity of personally appearing before the Municipal Court. This article shall apply to resident and nonresident operators.
B.
The owner or operator of a vehicle who is issued a
parking ticket indicating that said vehicle has been parked in violation
of a provision of this Code relating to traffic shall, within the
seven days specified, pay to the Municipal Court such fines as this
Code establishes for such offenses, and the Municipal Court is hereby
designated for the purpose of collecting such parking fines. In the
event such offender neglects or refuses to dispose of such charge
within the seven-day period, he or she shall be summoned before the
Municipal Court for adjudication of such violation as the Court may
decide to be meet and proper, and such offender shall be subject to
the full penalties provided for violation of this Code.
[Amended 5-23-2011 by Ch. No. 1750]
[Amended 5-23-2011 by Ch. No. 1750]
If the offending operator desires to dispose of the charge without personally appearing before the Municipal Court, he may execute the form indicated and return it to the Westerly Municipal Court not later than 30 days from the date of the summons either by mail or by delivering it to the Municipal Court or its designee, together with a certified check or money order in an amount indicated by the fine schedule on such form; provided, however, that if the offending operator has already been guilty of one moving motor vehicle violation within the preceding six-month period within the Town of Westerly prior to the issuance of his summons, he shall appear at the Municipal Court as he shall not have the benefit of this method of payment. The burden of determining the eligibility to pay according to the provisions of this section shall be upon the operator. The Westerly Municipal Court is hereby authorized to receive payment of the fines in accordance with the provisions of § 15-7 of this Code.
[Amended 5-23-2011 by Ch. No. 1750]
A.
The penalties for violations of this article correspond
to the fines described together with such other additional penalties
as shall be prescribed or imposed by law as prescribed by RIGL. Mail
certified check or money order only, together with the ticket form
properly executed to:
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Westerly Municipal Court
Westerly Town Hall
45 Broad Street
Westerly, Rhode Island 02891
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In the event the offender does not pay the fine as specified in § 238-17, then the offender shall have waived his right to dispose of the offense, and a notice shall then issue against the offender for his personal appearance before the Municipal Court on a date to be set by the Municipal Court for the disposition of the offense.
The form to be issued to an offending operator
shall contain information as to the method of payment and the penalties
for speeding violations, but may contain such other and further information
as may be required by the Town Council or the Public Safety Director.
It shall be the duty of the Police Department
to enforce the provisions of this chapter. Officers of the Police
Department are authorized to direct all traffic either in person or
by means of visible or audible signal in conformance with the provisions
of this chapter, provided that, in the event of a fire or other emergency
or to expedite traffic or safeguard pedestrians, officers of the Police
Department may temporarily direct traffic, as conditions may require,
notwithstanding the provisions of this chapter.
It shall be unlawful for any operator or for
any pedestrian to disobey the direction of a police officer, either
in uniform or displaying an official police badge.
The moving of a vehicle from one location to
another to avoid the provisions of this chapter shall be deemed a
violation thereof.
[1]
Editor's Note: Former § 238-24, Police reports of
violations, was repealed 5-23-2011 by Ch. No. 1750.
[Amended 5-23-2011 by Ch. No. 1750]
Except as otherwise provided herein, each such
police officer or constable shall also attach to such vehicle, or
deliver to the operator thereof, if present, notice to the owner or
operator thereof that such vehicle has been operated or parked in
violation of a provision of an ordinance relating to traffic and instructing
such owner or operator to appear in Municipal Court in respect to
such violation on a day and hour stated in such notice to answer such
charge before said Court.
[1]
Editor's Note: Former § 238-26,
Payment of fine at police station, was repealed 3-9-2009 by Ch. No.
1668.
[Amended 5-23-2011 by Ch. No. 1750]
Every such notice shall indicate the offense charged and shall also contain such information as will enable the person charged to take advantage of the provisions for payment of the fine at the Municipal Court within seven days from notification thereof. In the event such offender refuses or neglects to dispose of the charges before seven days, he shall be brought before the Municipal Court for trial and for such disposition of the case as such court may decide to be meet and proper, and he shall be subject to the full penalties provided for violation of the provisions of Articles II, III and IV of this chapter.
[Amended 4-26-2004 by Ch. No. 1486; 9-20-2021 by Ch. No. 2007
Any vehicle parked in violation in a tow zone
shall be removed by tow-away method at the expense of the owner or
person in charge of the same at the order of any police officer of
the Town, and the owner or person in charge shall pay a penalty in
the sum of $150 in addition to the tow-away charge and any storage
charge thereon.
[Amended 5-23-2011 by Ch. No. 1750]
Any monetary penalty provided hereunder may
be paid at the Municipal Court within seven days of the time notice
was attached to the subject vehicle. The failure of the owner or person
in charge of such vehicle to pay any penalty hereunder shall subject
such owner or person in charge of such vehicle to a fine not exceeding
$200.
All motor vehicles ordered removed by tow away
shall be removed by a duly licensed tow vehicle, and record of storage
location of the same shall be filed at the office of the Chief of
Police.
The certified registration of any motor vehicle
shall be prima facie evidence that the registered owner of the same
created the violation.
[Amended 5-23-2011 by Ch. No. 1750]
No authorized tow-away vehicle operator shall
release any vehicle removed for violation hereunder unless receipt
from the Municipal Court of payment of the penalty is shown by the
owner or person in charge of any vehicle so removed.
