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 Marietta
 Code of Ordinances
 Part 2. PUBLIC SAFETY
 Chapter 2-10. FIRE LANES

  § 2-10-060. Violations.  

Latest version.

  • No person shall park any motor vehicle, including a motorcycle, in a fire lane; provided, however, this section shall not apply to the parking of an authorized emergency vehicle on official business.

    A.

    Enforcement of this section shall be through a civil action in municipal court by the issuance of a ticket, which shall be either left with the vehicle or delivered to the person in possession thereof. For purposes of such civil action, it shall be presumed that the registered owner of said vehicle is in control or possession thereof.

    1.

    The first violation of parking in a fire lane within any 30-day period shall be punished by a $150.00 civil fine; provided, however, the second violation within any 30-day period shall be punishable by a civil fine of $200.00; and a civil fine of $250.00 may be levied for each violation thereafter occurring within any 180-day period.

    2.

    The person receiving a ticket for violation of this section may pay the civil fine(s) by return mail to the municipal court of the city or his designated receiver within 48 hours of the issuance of the ticket or may request a hearing within 48 hours to contest the issuance of the ticket. In the event the civil fine is not paid within 48 hours, the municipal court may issue a citation for contempt requiring the offender to show cause why he failed to pay the fine within the time frame allowed by this section. Upon conviction thereof, the municipal court may impose a fine as provided by law.

    B.

    Upon any person to whom a ticket has been issued under this section, a uniform traffic citation may be obtained with a hearing date thereon from the police officer or uniformed fire inspector whereupon it shall be returnable to the municipal court.

    Violation of this section shall be enforced through a civil action. The burden of proof shall be on the city. The standard of proof shall be by a preponderance of the evidence; provided, however, the aforementioned presumption in subsection (A) of this section shall apply.

(Code 1978, § 2-5006; Ord. No. 4965, 9/11/91, § 1; Ord. No. 5575, 6/12/96; Ord. No. 6989, 11/8/2006, § 2)