ARTICLE III. STOPPING, STANDING
AND PARKING
Sec. 15-52.4. Service of process.
A summons for a violation of this section may be executed pursuant to Code
of Virginia section 19.2-76.2. Notwithstanding the provisions of Code of
Virginia section 19.2-76, a summons for a violation of this section may be
executed by mailing by first class mail a copy thereof to the owner, lessee,
or renter of the vehicle. In the case of a vehicle owner, the copy shall be
mailed to the address contained in the records of the Department of Motor
Vehicles; in the case of a vehicle lessee or renter, the copy shall be
mailed to the address contained in the records of the lessor or rentor.
Every such mailing shall include, in addition to the summons, a notice of (i)
the summoned person's ability to rebut the presumption that he was the
operator of the vehicle at the time of the alleged violation through the
filing of an affidavit as provided in subsection (d), above, and (ii)
instructions for filing such affidavit, including the address to which the
affidavit is to be sent. If the summoned person fails to appear on the date
of return set out in the summons mailed pursuant to this section, the
summons shall be executed in the manner set out in Code of Virginia section
19.2-76.3. No proceedings for contempt or arrest of a person summoned by
mailing shall be instituted for failure to appear on the return date of the
summons. Any summons executed for a violation of this section shall provide
to the person summoned at least 60 business days from the mailing of the
summons to inspect information collected by a traffic light signal violation
monitoring system in connection with the violation.
(Ord. No. 07-17, 10/16/07) |