The Vermont Statutes Online

Title 23: Motor Vehicles

Chapter 019: Parking; Police Courts

• § 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.)