Page 4 - EBRP Parking Ordinances

be immediately towed, and the operator is not present, the citation shall be served upon the registered owner of the vehicle by affixing the citation to the vehicle in a conspicuous place. Service of a parking infraction citation by affixation as provided herein shall subject the responsible party to the same penalties for failure to answer and shall have the same force and effect as if the citation were personally served upon the owner and/or operator of the vehicle. An operator of a vehicle who is not the owner thereof but who uses or operates the vehicle with permission of the owner, express or implied, shall be considered the agent of the owner to receive parking infraction citations served in accordance with this section.
(Ord. No. 7504, § 22, 4-25-84; Ord. No. 13688, § 1, 7-26- 06; Ord. No. 15036, § 1, 11-23-10)
Sec. 11:404. - Disposition of parking infraction citations.
(b)
(a) Except as provided in paragraph (b) hereof, the owner and operator shall both be liable to the city- parish for parking infractions, unless the owner can show that the vehicle was operated without his consent, express or implied.
An owner of a vehicle registered in the state who is engaged in the business of renting or leasing vehicles under written rental or leasing agreements (“lessor”) shall not be liable for parking fines and penalties imposed by a local authority on such rented or leased vehicles, if:
(a)
(b)
The original parking infraction citation shall be signed by the issuing officer, and shall be processed by the issuing agency in accordance with procedures as may be established by the issuing agency and filed with the clerk of city court within ten (10) days following issuance.
The dismissal of a parking infraction citation prior to adjudication shall occur only upon written motion of the parish attorney for good cause shown.
(1)
(2)
(3)
Within thirty (30) days after receiving written notice of the parking infraction, the lessor provides, in affidavit form, the true name, address and driver’s license number of the person in possession of the vehicle (“lessee”) at the time of the infraction;
The lessor provides the court with such other information about the lessee as may reasonably be required to assist in the city’s enforcement efforts; and
The lessee pays the parking fine and penalties within sixty (60) days after a notice of infraction is transmitted to the lessee.
(Ord. No. 7504, § 22, 4-25-84; Ord. No. 13688, § 1, 7-26- 06; Ord. No. 15036, § 1, 11-23-10)
Sec. 11:405. - Citation as legal demand and prima facie evidence.
The original parking infraction citation or any true copy thereof shall be considered a demand for enforcement of a legal right and shall further be considered an ordinary business record of the city-parish and prima facie evidence of the facts contained therein.
(Ord. No. 7504, § 22, 4-25-84; Ord. No. 13688, § 1, 7-26- 06; Ord. No. 15036, § 1, 11-23-10)
Sec. 11:406. - Responsibility of owner and operator.
The lessor’s obligation to identify the lessee shall be satisfied by providing a true copy of the lease or rental agreement. A lessor who fails to comply with the foregoing provisions shall not be liable for late penalties if the lessor answers or pays the base penalty within thirty (30) days after transmittal of notice of the infraction, or having complied with the foregoing provisions, pays the base penalty within thirty (30) days after transmittal of notice that the lessee has failed to pay within the sixty-day period.
(Ord. No. 7504, § 22, 4-25-84; Ord. No. 13688, § 1, 7-26- 06; Ord. No. 15036, § 1, 11-23-10)
Sec. 11:407. - Answering parking infraction citation.
A person to whom a parking infraction citation has been issued shall answer to the same in the manner and within the delays indicated on the citation. An answer may take the form of:
(1) Admission of the infraction with payment of the scheduled civil penalty; or