§ 1741. Definition
As used in this chapter, the word “town” shall apply to a town or incorporated village
only and the word “selectboard” shall apply to the selectboard of a town and the trustees
of an incorporated village only. (Added 1961, No. 103, § 1.)
§ 1742. Creation
A police court may be created by any town having a population of 1,000 or more according
to the preceding U.S. census with the sole jurisdiction of receiving waiver of service
of process and trial, admission of violation, and fines from violators of parking
ordinances of the town and for the sole purpose and with the sole authority of carrying
out the provisions of this chapter. (Added 1961, No. 103, § 2; amended 2019, No. 131 (Adj. Sess.), § 208.)
§ 1743. Powers
The chief of police designated by the selectboard of the town shall be the judge of
the court and may exercise the powers and perform the functions and duties thereof.
However, the judge shall appoint another police officer of the town to act as acting
judge whenever the judge is temporarily away from the town or unable to serve by reason
of illness or disqualification. The acting judge shall exercise the same powers and
perform the same functions and duties as the designated judge. The judge shall specify
reasonable hours when the police court is to be opened. (Added 1961, No. 103, § 3; amended 1973, No. 249 (Adj. Sess.), § 76, eff. April 9, 1974.)
§ 1744. Clerk
The judge of the court shall act as the clerk thereof, and keep its files and records,
or shall appoint his or her deputy or assistant to so act. (Added 1961, No. 103, § 4.)
§ 1745. Quarters
The town shall maintain the police court and provide quarters for it in the town offices. (Added 1961, No. 103, § 5.)
§ 1746. Violations; admission; waiver
(a) Any person who has violated any ordinance of the town that regulates, districts, or
defines the time, place, or manner of parking vehicles in the town and who has not
been convicted of any violation of the parking ordinances more than twice before in
the same calendar year may, within three business days after the date of such violation,
by a statement signed by him or her, admit the violation and waive the issuance of
any process and a trial by jury or hearing, and may voluntarily pay to the police
court of the town the prescribed penalty.
(b) Notwithstanding the provisions of subsection (a) of this section, whenever in the
opinion of the court the gravity of the offense requires a fine in excess of the prescribed
penalty, as provided in section 1749 of this chapter, the court may refuse to accept
the signed statement and penalty and refer the matter to the State’s Attorney who
may proceed against the offender in the manner prescribed by law. In that event, the
signed statement and penalty shall be returned to the offender and shall not be considered
as an admission or used as evidence in any court in this State. (Added 1961, No. 103, § 6; amended 2017, No. 11, § 53; 2017, No. 93 (Adj. Sess.), § 18; 2019, No. 131 (Adj. Sess.), § 209.)
§ 1747. Signed statement
The court shall treat the signed statement, if accepted and accompanied by the prescribed
penalty, as a plea of guilty and shall make an entry thereof on its records. No costs,
fees, or other charges may be assessed against any person so admitting a violation
of any such ordinance or shall be allowed or paid to any officer or person because
of the violation, but the penalty shall be accepted by the court in full discharge
of the criminal liability of the person as a result of the violation. (Added 1961, No. 103, § 7; amended 2019, No. 131 (Adj. Sess.), § 210.)
§ 1748. Collection record
The court shall retain all such signed statements for a period of two years from the
date thereof and shall keep a record, available to the public at any reasonable time,
of all money collected and all other official acts done in connection therewith. (Added 1961, No. 103, § 8.)
§ 1749. Penalty
(a) The penalty that may be voluntarily paid by any individual violating any ordinance
regulating metered parking in the town shall be $1.00. For other violations involving
parking, a penalty not to exceed $5.00 for the first violation and not to exceed $15.00
for the second or subsequent violation within 30 days after the penalty for a previous
violation is due. Other violations of the ordinances of the town shall be punished
in the manner prescribed by law.
(b) Notwithstanding subsection (a) of this section, an individual violating a parking
ordinance for individuals with disabilities may be assessed a civil penalty of not
more than $25.00 for each violation. (Added 1961, No. 103, § 9; amended 1977, No. 249 (Adj. Sess.), § 2, eff. April 19, 1978; 1981, No. 5; 2013, No. 96 (Adj. Sess.), § 147; 2023, No. 85 (Adj. Sess.), § 298, eff. July 1, 2024.)
§ 1750. Collections
All money so collected by the court in any one month shall be covered into the treasury
of the town on the first day of the following month with a statement of the names
of the persons from whom the money was collected and the amount paid by each and the
date on which the same was collected. However, the court may turn over the money
collected during any shorter period at the end of the period with a statement of the
same. (Added 1961, No. 103, § 10.)
§ 1751. Referendum
Sections 1741-1750 and 1752 of this title shall take effect when they have been adopted by a majority of the voters of the
town, present and voting at any regular or special meeting warned for that purpose. (Added 1961, No. 103, § 11, eff. May 3, 1961.)
§ 1752. Parked vehicles
(a) Whenever a motor vehicle is parked on the highways of the town contrary to an ordinance
of the town regulating parking so as to interfere with the policing, construction,
or maintenance of the highways, including the removal of snow, the police department
of the town may cause the motor vehicle to be towed away at the expense of the owner
in an amount to be determined by the legislative body of the municipality, provided
signs indicating that vehicles may be towed away at the owner’s expense shall be posted
conspicuously at or near all areas affected where parking is restricted by ordinance
of the town.
(b) The police department and any other enforcement personnel, if authorized by specific
action of the local legislative body of a municipality, may impound by use of a so-called
“Denver Boot” or other immobilizing device, any vehicle, the owner of which has four
or more unpaid parking violations in a calendar year; providing notice that the vehicle
in question is subject to impoundment is sent to the offender by first-class mail
at least 15 days prior to impoundment. (Added 1961, No. 103, § 12; amended 1967, No. 292 (Adj. Sess.), § 1; 1977, No. 249 (Adj. Sess.), § 3, eff. April 19, 1978; 1983, No. 47, § 1; 1983, No. 177 (Adj. Sess.).)
§ 1753. Ordinances authorizing removal
The selectboard of a town, the trustees of a village, or the board of aldermen of
a city may enact ordinances authorizing the removal of motor vehicles parked without
authorization on publicly or privately owned land and including, by illustration and
not limitation, public, municipal, or private parking lots, drives, and ways. The
owner of the motor vehicle may be required to pay reasonable towing and storage charges,
as determined by the legislative body of the municipality, for which a lien may be
imposed against the motor vehicle and its owner, or both, which may be in addition
to any criminal penalty. (Added 1967, No. 292 (Adj. Sess.), § 2; amended 1977, No. 249 (Adj. Sess.), § 4, eff. April 19, 1978; 1983, No. 47, § 2; 1989, No. 9, § 1.)
§ 1754. Form of payment
As a condition of employment on behalf of a municipality, a person hired to remove
illegally parked motor vehicles may accept a personal check but in any case is required
to accept cash or a certified or bank check, and must also recognize at least two
national bank credit cards, any of which may be used as payment for any towing and
storage charges. (Added 1977, No. 249 (Adj. Sess.), § 5, eff. April 19, 1978; amended 1989, No. 9, § 2.)