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HomeMy WebLinkAbout2020-07- c Ordinance 2020-07 Ordinance Amending the Town Code Concerning the Satisfaction of Uncontested Parking Citations WHEREAS, the Town Council has determined that it is necessary to amend the Town Code to clarify the process by which uncontested parking citations may be satisfied; and, WHEREAS, the Town Council, acting upon the advice and counsel of the staff, has determined that an amendment of Section 82-216 and Section 82-217 is in order to clarify and facilitate the satisfaction of uncontested parking citations issued within the corporate limits; NOW, THEREFORE be it ORDAINED by the Town Council of the Town of Pulaski, Virginia sitting in regular session this 18th day of August 2020 that Section 82-216 and Section 82-217 of the Code of Ordinances of the Town of Pulaski, Virginia shall be amended as shown in Attachment A -Ordinance 2020-07, affixed here to and expressly made part of this ordinance as if set forth herein. This ordinance is effective upon adoption and is hereby adopted this 18th day of August 2020 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows: Lane R. Penn Brooks R. Dawson Gregory C. East ATTEST: David N. Quesenberry Clerk of Council -Aye James A. Radcliffe -Aye -Aye G. Tyler Clontz -Aye -Aye Michael P. Reis -Aye THE TOWN OF PULASKI, VIRGINIA �` /7 BY: A / �� W. Shannon. Collins Mayor Attachment A -Ordinance 2020-07 Sec. 82-216. - Satisfaction of uncontested parking citations. Uncontested citations may be satisfied by paying the appropriate penalty at the town municipal building. (Code 1990, § 10-101) Sec. 82-217. - Failure to pay parking citation within 72 hours. (a) If any person fails to pay or contest any parking citation issued pursuant to this article within 72 hours after its issuance, the town shall notify that person, by mail at his last known address or at the address shown for such person on the records of the state department of motor vehicles, that he must pay the fine provided by law for such violation, within five days of receipt of such notice. (b) Such notice shall be contained in an envelope bearing the words "Law Enforcement Notice" stamped or printed on the face in type at least one- half inch in height. (c) It shall be a rebuttable presumption that any notice mailed was received within three days after the notice was mailed. (d) If prior to such mailing or prior to the expiration of a five-day period specified in subsection (a) of this section the person notifies the police department that he wishes to contest the citation, the appropriate officer shall certify that fact to the appropriate district court and shall cause a complaint, summons or warrant to be issued. (e) Failure to pay or contest such fine within such times will be a class 3 misdemeanor. If the person to whom the notice is directed fails to contest or to pay such fine within such period, the citation shall be deemed to be delinquent; and the appropriate officer shall certify the fact of delinquency to the appropriate court and shall cause a complaint, summons or warrant to be issued. (f) No summons shall be issued for a parking violation unless the notice described in this section is sent in accordance with this section. (Code 1990, § 10-102) State Law reference— Similar provisions, Code of Virginia, § 46.2-941.