Section 13-115. Penalty.
- It is unlawful for any person, firm, or corporation to do any act forbidden, or fails to perform any act required in this Chapter.
- It is unlawful for a parent of a child or the guardian of a ward to authorize or knowingly permit any such child or ward to violate any provision of this Chapter.
- It is unlawful for any person, firm, or corporation to authorize or knowingly permit any vehicle registered in his or its name to be driven or to stand or to be parked in violation of any provision of this Chapter.
- Any person, firm, or corporation who violates any provision of this chapter, that does not involve a traffic-related offense relating to speeding or parking or performs any unlawful act that does not involve a traffic offense relating to speeding or parking as defined in this chapter, or fails to perform any act required in this chapter, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed five hundred dollars ($500.00) excluding costs.
- Any person, firm, or corporation who violates any provision s of this chapter that involves a traffic-related offense relating to speeding or parking, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed two hundred dollars ($200.00) excluding costs.
- Any person who violates the provisions of this chapter exceeding the posted speed limit by no more than ten (10) miles per hour upon any portion of the National System of Interstate and Defense Highways, federal-aid primary highways, and the State highway system which is located On the outskirts of any municipality, and upon conviction thereof shall be fined in a sum not to exceed ten dollars ($10.00) and shall have court costs imposed of not more than fifteen dollars ($15.00).
Section 13-116. Citation Tags.
Police officers are hereby authorized to give notice to persons violating provisions of this Chapter by delivering citation tags to violators or, in cases where vehicles without drivers are parked or stopped in violation of this Chapter, by affixing such tags to the vehicles by means of which the violation occurred. Such citation tags, among other things, shall indicate briefly the charge, shall bear the registration number of the vehicle, and shall direct the violator to present the tag at the police station or other designated place within five (5) days or such other reasonable time specified thereon. Nothing contained herein shall abridge the power to arrest any violator and to take him into custody or to file a complaint against him at any time.
Section 13-117. Failure to Comply With Citation Tags.
If a violator of any provisions of this Chapter who has been given a citation tag as provided above fails to appear in accordance with the instructions on such tag, the Town Clerk shall send the owner of the vehicle involved a letter, or other written notice, informing him of the violation and warning him to appear as directed and that, in the event such letter or notice is disregarded for a period of five (5) days, a complaint will be filed and warrant of arrest issued; provided that nothing in this Section shall abridge the power to file a complaint against him prior to the expiration of such time.
Section 13-118. Presumption in Reference to Illegal Parking.
- 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 vehicles, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or places such vehicle at the point where, and for the time during which such violation occurred.
- The foregoing state presumption shall apply only when the procedure of giving a citation tag has been followed.
Section 13-119. When Complaint is to be Entered and Warrant Issued.
In the event any person fails to comply with a citation tag given to such person or attached to a vehicle, the Chief of Police shall have a complaint entered against such person before the Municipal Judge, and the Municipal Judge shall issue a warrant for his arrest.
Section 13-120. Authority to Impound Vehicles: Release of Vehicle.
- The Police Department is hereby authorized to impound a vehicle and remove the same to a garage or other place of safety under any of the circumstances hereinafter enumerated;
- When a vehicle is left unattended upon any bridge, viaduct, or causeway, or in any tube tunnel where such vehicle constitutes an obstruction to traffic.
- When a vehicle upon a street is so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle are by reason of physical injury or otherwise incapacitated to such an extent as to be unable to provide for its custody or removal.
- When a vehicle is left unattended upon a street and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic.
- When a vehicle has been parked for more than one (1) hour in excess of the time allowed for parking in any place.
- When a vehicle which has been involved in two (2) or more violations of this Chapter for which citation tags have been issued and not presented as required, it parked in violation of any provision of this chapter.
- When pursuant to Section 13-109 hereof a duly signed verified complaint has been filed alleging a violation of Section 13-107 by reason of stopping, standing, or parking of a vehicle in the places designed as 3 and 4 therein.
- When any vehicle is driven or operated upon any street, alley, or thoroughfare within the Town of Tryon, and when said vehicle is without a vehicle license as required by the Oklahoma State Statutes, and Section 13-21 of the Tryon Town Code or when said vehicle fails to display the vehicle license tag as required by law.
- When the driver or person in charge of any vehicle is placed under arrest and taken into custody and detained by police under circumstances, which leave or will leave a vehicle unattended on any street or highway, the vehicle may be impounded.
- Whenever an officer removes a vehicle as authorized in this Section, and the officer knows or is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, such officer shall immediately give or cause to be given notice in writing to such owner of the fact of such removal and the reasons therefor, and of the place to which such vehicle has been moved. In the event any such vehicle is stored in a public garage, a copy of such notice shall be given to the proprietor of such garage. It is especially provided that the owner of such vehicle shall be liable for the cost of removal and storage of said vehicle.
- Whenever an officer removes a vehicle under this Section and does not know and is not able to ascertain the name of the owner, or for any other reason is able to give the notice to the owner as hereinbefore provided, and the event that vehicle is not returned to the owner within a period of three (3) days, then an in that event the officer shall immediately send or cause to be sent a written report of such removal by mail to the state department whose duty it is to register motor vehicles and shall file a copy of such notice with the proprietor of any public garage in which the vehicle may be stored. Such notice shall include a complete description of the vehicle, the date, time, and place from which removed, the reasons for such removal, and the name of the garage or place where the vehicle is stored.
- A vehicle impounded as provided herein, shall be delivered back to the owner or other person to whom it may properly be delivered only after the posting of any bond required or the payment of any fine or fines and costs as may have been imposed and assessed for the violation or violations for which such vehicle was impounded, and after the payment of the cost of removal and storage of said vehicle.