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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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