Sec. 37-66. - Violations of chapter and penalties generally.

(a)

Any person violating any of the provisions of this chapter shall be subject to a civil penalty in the amount specified in the provisions of this chapter. For any violation of the provisions of articles III, IV, VI, or VIII of this chapter, the minimum civil penalty shall increase by an additional $20.00 on the 21^st day, an additional $20.00 on the 45^th day and an additional $20.00 on the 90^th day following the day of issuance of a citation issued pursuant to section 37-67, if the person to whom such citation has been issued has failed to pay the civil penalty prescribed by this chapter for such violation within the time specified on the citation or to protest such citation within 20 days.

(b)

For any violation of the provisions of articles III, IV, VI, or VIII of this chapter, the amount of the civil penalties prescribed may be reduced by $2.00 if such civil penalties are received by the city within 24 hours of the issuance of the citation.

(c)

The city finance department shall not refuse an offer of full payment of civil penalties, or payment of civil penalties reduced by $2.00 pursuant to subsection (b) of this section, made personally by the individual charged with violating this chapter, provided however that the offer of payment was made at the payment window of the finance department located on the first floor of the city/county building during the city's regular business hours.

(d)

The director of finance or his authorized agent shall be authorized to waive, in whole or in part, penalties which are owned in connection with unpaid parking violations or the parking penalty, under the following circumstances only:

(1)

When litigation of the amount of the civil penalties is pending or threatened and waiver of penalty is proposed as part of the overall settlement of the litigation.

(2)

Where the assessment of the penalty is based on parking violations assessed in error.

(3)

When the waiver of the penalty is proposed as part of an agreement by which the entire principal amount of the civil penalties shall be paid to the city whether litigation is pending or not.

(4)

When the civil penalty is older than seven years of date of issue, in whole or in part, is proposed to be released where the full amount of such civil penalty is determined to be uncollectible and the release of all or part of the liability is deemed to be in the best interest of the city.

(e)

The civil assessments and penalties assessed under this chapter shall, unless otherwise provided, be levied in accordance with the following schedule:

(Code 1968, § 37-11; Ord. No. 92-062(sub 1), § 1(a), 8-13-92; Ord. No. 93-046, § 1(b), 7-8-93; Ord. No. 94-012(sub 1), § 1, 4-7-94; Ord. No. 99-026, § 1, 4-8-99; Ord. No. 99-044, § 1, 5-20-99; Ord. No. 01-044, § 1, 5-17-01; Ord. No. 06-049, § 1, 7-13-06; Ord. No. 10-048, § 2, 7-8-10)

Sec. 37-67. - Issuance of citation for parking and pedestrian violations.

(a)

Police officers, police cadets, civilian police aides, parking regulation enforcement officers and their supervisor, authorized Amtrak police officers acting in the immediate vicinity of the Wilmington Train Station (hereinafter "authorized Amtrak police officers") and authorized security officers of the U.S. Marshal's office acting in the block bound by King, French, 8th and 9th Streets may enforce articles III, IV and VI of this chapter. For purposes of this section, "immediate vicinity of the Wilmington Train Station" shall mean and include all of the areas from the Christina River to Martin Luther King, Jr. Boulevard and from Walnut Street to Market Street. Authorized Amtrak police officers and authorized security officers of the U.S. Marshal's office acting pursuant to the provisions of this section do so as employees of Amtrak and as representatives of the U.S. Marshal's office respectively at all times and for all purposes including 19 Del. C. § 2301 et seq., and not as employees of the city. The Capitol Police Department of the state acting in the block bound by Fourth Street, North Walnut Street, North King Street, Fifth Street and Alico Way, and the block bound by Eighth Street, North French Street, North Walnut Street and Ninth Street may enforce articles III, IV and VI of this chapter.

(b)

In any case where a vehicle is found parked in violation of articles III, IV and VI of this chapter, a police officer, police cadet, civilian police aide or any parking regulation enforcement officer or such officer's supervisor, any authorized security officer of the U.S. Marshal's office, and any authorized Amtrak police officer may attach to such vehicle a citation in the form provided by this section.

(c)

In any case where a pedestrian violates any of the provisions of article VIII of this chapter, a police officer, police cadet, civilian police aide or any parking regulation enforcement officer or such officer's supervisor, or any authorized security officer of the U.S. Marshal's office, and any authorized Amtrak police officer may issue a citation for the violator.

(Code 1968, § 37-11.2; Ord. No. 91-072(sub 1), § 5, 10-17-91; Ord. No. 92-062(sub 1), § 1(d), 8-13-92; Ord. No. 93-046, § 1(c), 7-8-93; Ord. No. 96-075(sub 1), § 1, 12-19-96; Ord. No. 97056, § 1, 8-27-97; Ord. No. 00-012(sub 1), § 1, 2-17-00; Ord. No. 04-003, § 1, 2-19-04; Ord. No. 10-048, § 3, 7-8-10)

Sec. 37-68. - Owner prima facie responsible for illegal parking, etc.

If any vehicle is found upon a street or highway in violation of any of the provisions of this chapter concerning the stopping, standing or parking of vehicles and the identity of the driver cannot be determined, the owner or persons in whose name such vehicle is registered shall be held prima facie responsible for such violation.

(Code 1968, § 37-58)

Secs. 37-69—37-90. - Reserved.