10.10.120 Parking violations – Responsibility and penalty.
(a) Violations by Child. It is unlawful for a parent of a child or the guardian of a ward to authorize or knowingly to permit any such child or ward to violate any provisions of this title.
(b) Vehicle Owner’s Responsibility. It is unlawful for any person, firm, or corporation to authorize or knowingly to permit any vehicle registered in his or its name to be driven or to stand or to be parked in violation of any provision of this title.
(c) Penalty for Violation. Any person, firm, or corporation who violates any provision of this title, or performs any unlawful act as defined in this title, or fails to perform any act required in this title, shall be guilty of a violation, and upon conviction thereof, shall be punished by a fine in any sum not to exceed $300. Where a penalty for a violation of a specific section or subsection is provided in KGBC 10.10.130 or 1.25.050, that penalty shall apply.
(d) Registered Owner Responsible for Violations. A vehicle that is stopped, parked, or left standing in violation of any law or regulation is considered to have been stopped, parked, or left standing by any registered owner of the vehicle unless that registered owner is able to prove by satisfactory evidence that at the time of the violation the vehicle was being operated by another person without the consent of a registered owner and beyond the control of a registered owner. When a vehicle is registered to two or more owners each owner is deemed to have consented to any use of the vehicle by another registered owner and each such owner shall be deemed to have given consent to the use of the vehicle by any other person who has received the consent of any registered owner. Only the registration records of the vehicle as of the date of the violation or an acknowledgment of conveyance signed or sworn to by the alleged new owner will be accepted as satisfactory evidence that a vehicle has been sold or otherwise conveyed to a new owner.
(e) Notices of Violation and Citations. Code enforcement officers are authorized to give notice to persons accused of violating provisions of this title and regulations adopted pursuant to this title by delivering either notices of violation for vehicular parking violations or uniform citations for other violations to such persons or, in cases where vehicles without drivers are parked or stopped in violation of this title, by affixing a notice of violation to the vehicles by means of which the violation occurred. When authorized by the borough manager, code enforcement officers may, by a notice of violation delivered or affixed as described above, give notice to persons accused of violations of laws and regulations governing the parking, stopping or standing of vehicles. The notices of violation shall include at least the following:
(1) A brief description of the violation;
(2) The registration number and/or other identification of the vehicle, if available;
(3) The approximate time and place of the violation;
(4) The penalty for the violation;
(5) The borough office and address where the penalty must be paid;
(6) A statement that unless an appeal is filed within 20 days from the date of notice of the violation or the penalty is paid within 30 days of the violation an additional fee of $15 will be imposed;
(7) A brief description of the procedure for appealing the notice of violation, the office where such appeal must be filed and the time for filing an appeal;
(8) A notice that timely payment of the penalty will waive all rights to appeal or contest the notice of violation or penalty;
(9) A notice that the person has a right to an administrative hearing at which the person may be represented by counsel, confront and question witnesses, testify, and subpoena witnesses;
(10) A notice that failure to timely and properly file an appeal or pay the penalty will be deemed an admission of the violation, will waive all rights to appeal or contest the notice of violation or penalty, will cause the penalty and late payment fee to become immediately due and payable, and will subject the person to additional costs of collection, as defined in KGBC 1.10.020, if the penalty and fee are not paid; and
(11) Such other information as the borough manager or his designee may require.
(f) Failure to timely pay the penalty shown on the notice of violation or failure to timely and properly appeal the notice of violation shall constitute a waiver of all right to appeal or contest the notice of violation or penalty, shall be deemed an admission of the violation described in the notice of violation, and shall cause the penalty and late payment fee described in KGBC 10.10.130(b) to become immediately due and payable. Timely payment of the penalty will waive all rights to appeal or contest the notice of violation or penalty.
(g) Additional Notice. If the penalty set forth in KGBC 10.10.130 has not been paid within at least 30 days from the date the notice of violation was issued and if an appeal has not been filed, an additional notice shall be sent to the person alleged to have been in violation. The notice shall contain:
(1) A brief description of the violation;
(2) The registration number and/or other identification of the vehicle if available;
(3) The approximate time and place of the violation;
(4) A statement that the penalty and additional fee of $15 is due;
(5) A statement that the time for appeal has passed unless within 10 days from the date the notice was mailed the person files a written appeal and proves to the hearing officer by satisfactory evidence that the person did not receive the notice of violation and that the failure to receive the notice was not the result of any act or omission of the person, of any registered owner of the vehicle, or of anyone else who operated the vehicle with the consent of any registered owner;
(6) A brief statement of the procedure for appealing and the office where such appeal must be filed;
(7) The borough office and address where the penalty and fees may be paid; and
(8) Such other information as the borough manager may require. [Ord. No. 1881, §9, 3-18-19; Ord. No. 1737, §5, 9-2-14; Ord. No. 1465, §1, 2-4-08; Ord. No. 1236, §2, 10-21-02; Ord. No. 536, §7, 6-17-85. Code 1974 §15.11.050.]