§ 33-15-113 — Unattended vehicles without valid pass

(1) If an unattended
vehicle is parked within an area where a valid parks pass is required and does not
display a valid parks pass, a peace officer may place upon the vehicle a notice of
summons and complaint pursuant to section 33-15-102 (2). Such notice shall
contain the license plate number and state of registration of the vehicle but does
not need to contain the identification of the alleged offender.

(2) The notice of summons and complaint shall direct the owner or operator
of the vehicle to remit a penalty assessment pursuant to section 33-15-102 to the
division within ten days after the issuance of such notice unless the person wishes
to appear before a court of competent jurisdiction. If the penalty assessment is not
paid within ten days after issuance, the peace officer shall mail a notice to the
registered owner of the vehicle, setting forth the offense and the time and place
where such offense occurred and directing the payment of the penalty assessment
within twenty days after the issuance of the notice unless the person wishes to
appear before a court of competent jurisdiction. If the penalty assessment is not
paid within twenty days after the date of mailing of the second notice, the peace
officer who issued the original penalty assessment notice shall file a complaint with
a court of competent jurisdiction and issue and serve upon the registered owner of
the vehicle a summons to appear in court at a time and place specified in the
summons and to show cause why a penalty should not be imposed pursuant to
section 33-15-110.

(3) Payment of a penalty assessment pursuant to subsection (2) of this
section to the division shall be deemed to be received on the date it is postmarked.

(4) The registered owner of a motor vehicle is liable for payment of a penalty
assessment regardless of whether the owner knew or should have known that the
vehicle would be or was parked or left unattended in a manner that violated section
33-15-110.

Legislative History

Source: L. 2003: Entire section added, p. 1953, � 46, effective May 22. L. 2004: (3) amended, p. 1204, � 78, effective August 4.