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(a) Whenever any vehicle is parked in violation of any provision of the traffic ordinances prohibiting or restricting vehicular parking or standing, any person in whose name the vehicle is registered with the Division of Motor Vehicles, Department of Revenue, State of Kansas, shall be prima facie responsible for the violation and subject to the penalty therefor. The City and the ticketing agent shall accurately record the license tag number of the ticketed vehicle. A prima facie case shall not be established when:

(1) The ticketing agent has failed to specify the proper license tag number of the cited vehicle on the notice; or

(2) The City has failed to accurately record the specified license tag number.

(b) Whenever any vehicle is parked in violation of any provision of the traffic ordinances prohibiting or restricting vehicular parking or standing or regulating the condition of a parked or standing vehicle, any police officer, other designated member of the Police Department, or person designated by the Transportation Operations Superintendent, observing such violation may issue a parking or violation notice, as provided for herein and serve the notice on the owner of the vehicle by handing it to the operator of the vehicle, if he is present, or by affixing it to the vehicle in a conspicuous place. The ticketing agent shall specify on the notice his identification number, the particular parking ordinance allegedly violated, the make and license tag number of the cited vehicle, and the place, date, and time of the alleged violation.

(c) The City Traffic Compliance Administrator shall withdraw a violation notice when said notice fails to specify the proper license tag number; provided, however, that a violation notice shall not be withdrawn if the administrator reasonably determines that (1) a license tag number was properly recorded by the City and its ticketing agent, and (2) any discrepancy between the vehicle make or model and the license tag number as set forth on the violation notice is the result of the illegal exchange of registration plates. The City Traffic Compliance Administrator may dismiss or reduce a violation notice utilizing reasonable discretion. A final determination of liability that has been made for a violation required to be withdrawn under this subsection shall be vacated by the City. The City shall extinguish any lien, which has been recorded for any debt due and owing as a result of the vacated determination, and refund any fines and/or penalties paid pursuant to the vacated determination.

(d) It shall be unlawful for any person, other than the owner of the vehicle or his designee, to remove from a vehicle a parking violation notice affixed pursuant to this title. (Ord. 17636 § 3, 1-9-01. Code 1995 § 142-518.)

Cross References:Police Department, TMC 2.20.090; Transportation Operations Division, TMC 10.10.060.