23-10 New Chpt 309 - Parking Violations Bureau - Decriminalizing parking citations

Home Browse Search

penalties, fees and costs imposed for a parking infraction pursuant to this Chapter may recover the amount paid from the operator of the vehicle whose action or omission resulted in the parking infraction. 309.04. Answers: Procedures (A) A person who is personally or constructively served with a parking ticket charging the commission of a parking infraction may answer the charge by appearing personally before the Parking Violations Bureau, by mail~or by internet through an internet site provided on the ticket. An answer shall be made within fifteen (15) days from the date of the infraction, and shall be in one of the following forms: (1) An admission that the person committed the Parking Infraction, by payment of any fine arising out of the Parking Infraction; (2) An admission that the person committed the parking infraction, with an explanation of the circumstances surrounding the parking infraction; (3) A denial that the .person committed the parking infraction and a request for a hearing relative to such infraction. If the person desires the presence, at the hearing, of the Law Enforcement Officer or Civilian employee who issued the parking ticket, the person must request their presence in their answer. (B) (1) A person who admits that they committed a Parking Infraction shall, and a person who admits that they committed a Parking Infraction with explanation may, when they make their answer, pay the fine arising out of such infraction admitted to the Violations Clerk of the Parking Violations Bureau. (2) A person who admits that they committed a Parking Infraction with explanation shall submit evidence to the Parking Violations Bureau that explains the circumstances surrounding the Parking Infraction. The evidence may be submitted in person or, to avoid the necessity of personal appearance, may be sent as affidavits and other documentary evidence, by mail. When the Hearing Examiner receives an answer admitting that a person committed a Parking Infraction with explanation, the Hearing Examiner shall promptly determine whether the explanation mitigates the fact that the person committed the Parking Infraction and notify the person, in writing of their determination. If the Hearing Examiner determines that the explanation mitigates the fact that the person committed the Parking Infraction, the Parking Violations Bureau shall eliminate or reduce the amount of the fine arising out of the Parking Infraction. If the fine is eliminated or reduced and the person has previously paid the fine, the amount paid in excess of the revised fine shall be returned to the person; if the fine is eliminated or reduced and the person has not previously paid the fine, the person shall pay only the amount of the revised fine. If the Hearing Examiner determines that the -4-