10.20.080 Stopping, standing and parking restrictions – Violations – Liability – Defense.
A. Applicability. The provisions of this chapter prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times herein specified or as indicated on official signs or parking meters, except when it is necessary to stop a vehicle to avoid an accident or in compliance with directions of a police officer. Parking restrictions provided in this chapter shall not apply to any authorized emergency vehicle or police officer or parking enforcement agent when such stopping, standing or parking is for the purpose of actual performance of law enforcement duty.
B. Persons Liable. If any vehicle is found in violation of any provision of this chapter, or any ordinance of this city, regulating the stopping, standing or parking of vehicles, the person in whose name such vehicle is registered, as well as the driver of the vehicle at the time of the violation, shall be jointly and severally responsible for such violation and are subject to the penalties therefor. If the vehicle is not attended by a driver, the owner, or person in whose name such vehicle is registered, shall be held prima facie responsible for such violation and is subject to the penalties therefor.
C. Defense to Liability. Persons liable may present evidence in any prosecution of a parking violation that a vehicle was not illegally parked, that said vehicle was not registered to said person at the time of the offense, or that said vehicle had been stolen at the time of the offense. Proof that a person other than the registered owner was operating the vehicle at the time of the violation shall not constitute a valid defense to the substantive offense.
D. Violations.
1. When signs or markings are in place giving notice thereof, it is unlawful and a violation of this chapter for a vehicle to be parked in any location designated under the authority of this chapter unless the vehicle is parked consistent with and in accordance with all restrictions, limitations, times, hours, days, manner, and other requirements in this chapter and in compliance with any city ordinance or provision of this code which regulates the time, place, or method of parking. Any violation of this chapter is a civil traffic violation and shall be subject to civil penalty not to exceed the amounts prescribed in a parking fine schedule set by city council.
2. Violations of this chapter regulating the time, place or method of stopping, standing or parking of vehicles which are continuous in nature shall constitute a separate and distinct violation for each full hour thereof.
E. Notice of Violation.
1. In an action involving unlawful stopping, standing or parking of vehicles, a copy of the notice of violation need not be personally served upon the owner or operator of the vehicle but may be served by conspicuously affixing a copy to the vehicle.
2. The notice shall include the date, time and location of the violation, the state license number of the vehicle unlawfully parked, reference to the city ordinance or code provision violated, the sanction for the violation, and notice that within 15 calendar days from the day of which the notice was issued, the sanction for the violation must be paid and received by the city of Sedona office designated by the city manager or a written request for an administrative hearing to contest the notice of violation must be made and received by the city of Sedona office designated by the city manager.
F. Administrative Hearing – Appeal.
1. An administrative hearing for a parking violation may be heard by a parking ticket hearing officer designated by the city manager. The parking ticket hearing officer may make such findings and orders as may be necessary and proper to dispose of such cases. Persons dissatisfied with the hearing officer’s decision must appeal the decision to the Sedona magistrate court within 10 calendar days by providing the hearing officer with notice. The hearing officer will then forward the violation to the Sedona magistrate court for a hearing.
2. A civil traffic hearing for a parking violation will be heard in the Sedona magistrate court pursuant to applicable state statutes and the rules of procedure in civil traffic violation cases. The court may make such orders as may be necessary and proper to dispose of such cases. Any fines imposed by the court shall not be less than a base fine of $20.00 excluding any state surcharges and fees. Fines imposed after a civil traffic hearing shall be paid to the Sedona magistrate court.
G. Default Judgment and Penalty Assessment. If the person or persons allegedly liable for a parking violation fail to respond to the notice of violation by one of the methods prescribed in subsection (E)(2) of this section within 15 days of the issuance of the notice, the default fine shall be entered against the registered owner of the vehicle and the sanction for the violation shall automatically increase by $50.00. All funds collected from fines pursuant to this chapter shall be turned over to the city finance department. [Ord. 2017-04 § 1, 6-27-2017; Res. 2017-15 Exh. A, 6-27-2017; Ord. 2022-01 § 1, 3-22-2022; Res. 2022-09 Exh. A, 3-22-2022].