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52Nov 3 election

Sec. 18-9. - Violation of chapter—Payment of fine in person or by mail in lieu of appearance before municipal court.

Part of the Code of Ordinances of East Providence, RI.

Local law · 2,200 sections

The text

(a)

Any person charged with a violation of a provision of this chapter or any other ordinance relating to traffic, the jurisdiction and cognizance of which is in the appropriate city municipal court to which jurisdiction and cognizance shall be given, shall be notified in writing by a police officer to appear on a day and hour stated in such notice to answer such charge before the city municipal court.

(b)

Any such person so charged, instead of personally appearing in court on the day and hour stated in the notice to such person, may appear at the municipal court clerk's office within seven days from the date noted as the date of the offense on the abovementioned notice and give to the municipal court clerk a sum of money sufficient to pay the fine designated by ordinance as the fixed penalty for such violation charged.

(c)

Any person so charged, instead of personally appearing in court or paying the fine personally to the clerk of the court, may pay the fine designated by ordinance as the fixed penalty for such violation at any time within seven days of the receipt of such notice of the violation by depositing the notice and a sum of money sufficient to pay the fine designated by ordinance as the fixed penalty for such violation charged in a depository maintained by the United States post office department for the collection of mails, and in such case, the postage cancellation shall be prima facie evidence of the time of deposit. When payment is made by mail as set forth above, such payment may be made by check or by money order made payable to the clerk of the city municipal court.

(d)

Failure to appear before the clerk of the city municipal court or to mail the notice to the clerk of the city municipal court as aforesaid within the seven-day period shall be deemed a waiver of the right to dispose of such charge without personal appearance in court. The payment of the fine to the clerk of the city municipal court in the manner provided in this section shall operate as a final disposition of such charge and such proceedings shall not be deemed criminal.

(e)

Notification of violation shall be by a written notice affixed to the motor vehicle that is the cause of the violation, which notice shall contain a statement including the following:

(1)

The registration number of the motor vehicle which is the cause of the violation;

(2)

The date and time of the violation;

(3)

The specific violation charged;

(4)

The schedule of fines for such violation;

(5)

That payment of such fine may be made in person at the office of the clerk of the city municipal court within seven days of the date of the violations;

(6)

That payment may be made by mail within seven days of the offense to the clerk of the city municipal court;

(7)

That failure to dispose of the violation by payment in person or mail as heretofore set forth operates as a waiver of such privilege;

(8)

The day and time to appear to answer such charge before the city municipal court upon failure to dispose of the violation by payment of the fine;

(9)

After the seventh day following the date of issuance of a parking violation and a summons is mailed by the police department, all parking fines shall automatically increase by $4.00.

(Rev. Ords. 1987, § 18-10)

State Law reference— Authority of city council to provide by ordinance for payment of fines, G.L. 1956, § 12-14-1.