§ 20-23. Driving on the historic downtown marketplace.

(a) Prohibition. It shall be unlawful to drive, move, or operate any commercial motor vehicle, farm tractor, implement of husbandry, moped, motorized scooter, motor vehicle, motorcycle, road tractor, semitrailer, special mobile equipment, trailer, truck, truck tractor, or vehicle upon the paved area in the historic downtown known as the marketplace. For the purpose of this section, this area includes all areas surfaced in concrete and bricks but excludes the area surfaced in asphalt that is a portion of the alleyway between Park Avenue and Stuart Avenue. The provisions of this section shall not apply to any electronic personal assistive mobility device, any authorized emergency vehicle when operated in an official capacity, any authorized police bicycle when operated in an official capacity, or any authorized government vehicle when operated in an official capacity.

(b) Penalties. A violation of the regulations contained in this section shall be subject to a fine in the amount of twenty-five dollars ($25.00) if paid within ten (10) days from the date a notice of the violation is was issued by a law enforcement officer. The violation shall be subject to a fine of fifty dollars ($50.00) if paid more than ten (10) days after the time when such notice was issued, but not later than thirty (30) days following the issuance of the notice. If the owner, operator, or person chooses to contest the notice of violation, the owner, operator, or person must contact the clerk of the county court within the thirty-day period and request a court hearing. If the owner, operator, or person fails to pay the fine or contact the clerk within the thirty-day period, the police department is hereby authorized to deliver the violation to the clerk of the county court for formal prosecution. The notice shall contain directions as to the procedure for paying the fine or obtaining a hearing.

(c) Waiver of fine. Any fine that may be assessed in the enforcement of the provisions of this section may be waived for extraordinary or extenuating circumstances as determined by the chief of police or his or her designee. A copy of the notice of violation and a written explanation of the reason for the waiver shall be filed with the official records of the city clerk within twenty-four (24) hours after granting the waiver.

(Ord. No. 2005-21, § 1, 6-21-05)