§ 47-15-115. Civilian volunteer disabled parking violation units.

A.  A city, town or municipality may, by adoption of a local law or ordinance, establish a civilian volunteer disabled parking violation unit to assist in the enforcement of disabled 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 disabled 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.  The civilian volunteer disabled parking violation unit shall have the authority to report violations of disabled parking ordinances or rules on both public and private property where the public is invited as provided for in Section 15-116 of this title.

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 or digital files 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 or digital files 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 disabled 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 disabled 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 disabled 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 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 disabled parking regulations in accordance with subsection B of Section 15-113 and subsection B of Section 11-1007 of this title, 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 disabled parking violation unit.

Added by Laws 1999, c. 276, § 5, eff. Nov. 1, 1999.  Renumbered from § 11-1007.1 of this title by Laws 2008, c. 302, § 14, emerg. eff. June 2, 2008.  Amended by Laws 2010, c. 302, § 4, emerg. eff. June 5, 2010.