§ 16-2. Penalties—Punishment; procedure.

(a)

Punishment for violation of chapter. Unless another penalty is expressly provided by law, every person convicted of a violation of any provision of this chapter shall be punished as provided in section 1-12.

(b)

Form of notice to violators. Forms for notifying violators to appear and answer to charges of violating traffic laws and ordinances shall be approved by the Chief of Police.

(c)

Failure to obey summons. Any person who violates a notice to appear given by a Police Officer upon an arrest for any traffic violation shall be deemed guilty of the offense charged.

(d)

Duty of Police Officers regarding illegally parked vehicles; notice attached to vehicle. Whenever any motor vehicle without a driver is found parked or stopped in violation of any of the restrictions imposed by this chapter or other ordinance of the City or by State law, the Police Officer finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a notice in writing, on a form approved by the Chief of Police, for the driver to answer to the charge against him at the time and place specified in the notice.

(e)

Notice to owner for failure to comply with notice attached to parked vehicle. If a violator of the restrictions on stopping, standing or parking under this chapter and other traffic laws or ordinances does not appear in response to the notice affixed to such vehicle, as provided for by subsection (d) of this section at the time and place specified, the Police Department shall send to the owner of such motor vehicle to which the notice was affixed a notice informing him of the violation and warning him that in the event such notice is disregarded a summons of arrest will be issued.

(f)

When summons of arrest to be issued. In the event any person fails to comply with a notice given to such person or attached to a vehicle or fails to make appearance pursuant to the terms of such notice directing an appearance in court or if any person fails or refuses to deposit bail as required and within the time permitted, the Police Department shall forthwith secure and issue a summons for his arrest.

(g)

Presumption. If any vehicle shall be found parked in violation of this chapter, the following presumption may be applied:

(1)

In any prosecution charging a violation of any law or regulation governing the standing or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of any such law or regulation, together with proof that the defendant named in the complaint was at the time of such parking the registered owner of such vehicle, shall constitute, in evidence, a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred.

(2)

The foregoing stated presumption shall apply only when the procedure as prescribed in subsections (d) and (e) of this section has been followed.

(h)

Disposition of traffic fines and forfeitures. All fines or forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any of the provisions of this chapter or any other traffic ordinance of the City shall be paid into the City Treasury.

(i)

Owner liable for parking violation. It shall be unlawful for any person to allow, permit or suffer any vehicle registered in his name to stand or park in any street in violation of this chapter or any of the ordinances of the City regulating the parking of vehicles. Such person shall be equally liable with the operator for such violation and, in addition thereto, may have his vehicle impounded, as provided in section 16-3.

(Code 1978, § 17-2)

State law reference

Prosecution of traffic offenses, O.C.G.A. § 40-13-1 et seq.