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§47-11-1007.1.
§47-11-1007.1.
A. A city, town or municipality may, by adoption of a local law or
ordinance, establish a civilian volunteer handicapped parking
violation unit to assist in the enforcement of handicapped parking
laws or ordinances. Persons appointed to such units shall be
volunteers, shall serve without compensation, and shall be authorized
to provide evidence of violations of handicapped parking laws or
ordinances to the appropriate law enforcement authority. Such evidence
may include photographing a violation, provided that such photograph
is taken in compliance with the requirements of this section.
B. A local law or ordinance enacted in accordance with the provisions
of this section shall:
1. Establish a training program of no less than two (2) hours in
length and require each volunteer to participate in and complete such
training program;
2. Provide for the assignment of an identification number to each
volunteer, and provide official identification and equipment to assist
volunteer personnel in the conduct of their duties;
3. Establish uniform procedures for volunteers to follow in
determining whether a violation has occurred;
4. Establish procedures for the uniform reporting of violations, which
shall include the identification number of the volunteer making the
report;
5. If such local law or ordinance provides for the taking of
photographs of violations:
a. grant only the local law enforcement agency the authority to
process or to contract for the processing of all film submitted by
volunteers,
b. require any photographs evidencing a violation to be available for
inspection in any proceeding to adjudicate the liability for such
violation,
c. provide that a certificate, sworn to or affirmed by a technician
employed by the municipality in which the charged violation occurred,
or a facsimile thereof, based upon inspection of photographs produced
from film submitted by volunteers, shall be prima facie evidence of
the facts contained therein, and
d. prohibit the use of such a photograph for any purpose other than as
evidence of a handicapped parking violation; and
6. Provide the following with respect to notices of violation:
a. a notice of violation shall be sent by first class mail to each
person alleged to be liable as an owner for a violation of a
handicapped parking law or ordinance. A manual or automatic record of
mailing prepared in the ordinary course of business shall be prima
facie evidence of the facts contained therein,
b. a notice of violation shall reference the law which was allegedly
violated, and shall contain the name and address of the person alleged
to be liable as an owner for a violation of a handicapped parking law
or ordinance, the license tag number of the vehicle involved in such
violation, the location where such violation took place, the date and
time of such violation, and the identification number of the volunteer
who recorded the violation,
c. a notice of violation shall contain information advising the person
charged of the manner and the time in which he or she may contest the
violation alleged in the notice, and shall also contain a warning to
advise the persons charged that failure to contest in the manner and
time provided shall be deemed an admission of liability and that a
default judgment may be entered thereon.
C. Upon a conviction of a local law or ordinance which complies with
the provisions of subsection B of this section, notwithstanding any
other law, the local law enforcement entity shall have the authority:
1. To confiscate the placard if not valid or used fraudulently, report
the conviction, and send the placard to the Department of Public
Safety, which shall then revoke the privilege of using the placard;
and
2. To dedicate not less than twelve and one-half percent (12 1/2%) of
any fine that resulted from citations or for violations of the
handicapped parking regulations, to be deposited in a special
dedicated fund to be used by the local municipality for the sole
purpose of establishing, maintaining and perpetuating a citizen
volunteer handicapped parking violation unit.
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