§ 9-17. Penalties.

(a)

Violations. Any person who violates any provision of this chapter or fails to comply with any of the requirements herein shall be guilty of a civil infraction and shall be subject to a fine of twenty-five dollars ($25.00). If a violator fails to pay the fine within thirty (30) days of the issuance of the citation, then the town may invoke any remedy permitted by law for debt collection, including but not limited to, vehicle impoundment or immobilization. Each day of a continuing violation of this article shall be considered a separate and distinct offense and may result in cumulative fines. When the owner of a vehicle, or his agent, makes proper payment of a parking violation within thirty (30) days of issuance of the citation, there will be no increases in the twenty-five-dollar ($25.00) fine assessed. On the thirtieth day after issuance, the fine will increase to seventy-five dollars ($75.00).

(b)

Violations shall be issued on a uniform traffic ticket or on a uniform ordinance summons used by the town's parking contractor for parking violations occurring east of Dogwood Drive.

(c)

Violators shall only be cited by police officers or authorized code enforcement officials.

(d)

Violators shall appear and be subject to the jurisdiction of the town's municipal court or the adjudication process set forth by the town's parking contractor as approved by the town council for parking violations occurring east of Dogwood Drive.

(e)

[Adjudication.]

(1)

Technical level adjudication. When citations involve technical issues (e.g., broken meter, etc.), violators shall have the right to appeal to the parking management firm.

(2)

Administrative level adjudication. All violators not prevailing at this level shall also have a right to request a hearing before an independent hearing officer (approved by the town) provided that the request to schedule a hearing is received within fifteen (15) days of notification of the denial of the manager's technical appeal and sufficient bond is posted. Bond shall be equal to the amount of the parking citation, including any penalties accrued. The hearing shall be scheduled within fifteen (15) days of the request, unless a request for an extended scheduling is made; at no time shall the hearing be scheduled more than sixty (60) days after the request for an appeal. If the violator is not able to attend the hearing in person, the hearing can be held by telephone. Such requests must be included on the original hearing request form. Violators shall be notified of the hearing officer's decision within seven (7) business days after the hearing concludes. If the hearing officer dismisses the fine, a refund of the bond shall be included in the notification.

(3)

Request and right to criminal adjudication. Persons who receive a parking citation and have exhausted the technical and administrative appeal process may elect to invoke the right of trial upon their written request for and acceptance of a warrant in substitution of each parking ticket issued. Upon receiving a request for such trial, a warrant shall be issued and a courtesy copy of that warrant will be mailed to the owner's address listed in the vehicle's registration information along with the date and time of the trial. The original warrant will be served at the time of the trial. Service of a warrant vests the municipal court with jurisdiction to hear and dispose of the charge for which the warrant was issued and served. If convicted, the person shall be punished for each violation in accordance with the local ordinance that governs a misdemeanor charge.

(f)

Violators shall be subject to set-off debt process and failure to pay or appear may result in a non-resident violator compact (NRVC) notice for South Carolina licensed drivers.

(g)

Towing and booting. Whenever there is found any motor vehicle upon the public streets or highways, or upon the town rights-of-way, property or parking lots, with an assessed fine of seventy-five dollars ($75.00) or more violations, the vehicle may be towed and/or booted/immobilized, under the direction of the police department.

(h)

Release of vehicles. The owner of such towed and/or booted or immobilized vehicle shall pay the fines owed on the vehicle at the municipal court or such other place as indicated on the issued citation; and the current tow rate and any storage rate assessed by the tow agency prior to getting the vehicle released.

(i)

Written notice. A written notice shall be sent to the registered owner of the vehicle after thirty (30) days of issuance of the parking ticket if it has not been paid.

(Ord. No. 13-0745, 5-14-13)