§ 6.30.080. Notice of infraction—Duties of respondent.

(a)

A person who responds to a notice of infraction must:

(1)

"Admit" the commission of the infraction and pay the appropriate civil fine.

(2)

"Deny" liability for the infraction.

(b)

The burden to prove any defense shall be upon the person raising such defense.

(c)

A person may "admit" pursuant to paragraph (1) of subsection (a) of this section by paying the amount of the civil fine which is appropriate for the violation which has committed to the Reno City Clerk.

(d)

A person may "deny" liability pursuant to paragraph (2) of subsection (a) of this Section only by appearing in person before the Reno City Clerk at which time a date for a hearing on the infraction shall be scheduled by the Reno City Clerk.

(e)

If the hearing officer finds that the infraction has not occurred or an infraction has been committed but one or more of the defenses set forth below is applicable, the hearing officer may dismiss the notice of infraction and release the registered owner and/or operator from liability thereunder. Such defenses include, but are not limited to:

(1)

At the time of the receipt of the notice, possession of the subject vehicle had been acquired in violation of the criminal laws of the State of Nevada.

(2)

If the notice of authorized use alleges a violation of any ordinance pertaining to a parking meter, such meter was mechanically malfunctioning to the extent that its reliability is questionable.

(3)

Compliance with the subject ordinances would have presented an imminent and irreparable injury to persons or property.

(4)

In cases in which the provisions of RMC 6.06.070(b) are found to apply.

(f)

If the hearing officer finds that the infraction has been committed, but the subject vehicle was mechanically incapable of being moved from such location for a period less than six hours, the hearing officer may reduce the civil fine associated therewith, but in no event shall such civil fines be reduced below the sum of $5.00.

(g)

If the hearing officer finds that an infraction has been committed and no applicable defense exists, the hearing officer may, in the interest of justice and on behalf of the city, enter into an agreement for the timely or periodic payment of the applicable penalty.

(h)

(1) In a contested citation proceeding, a party against whom the hearing officer has entered a finding of liability and assessment of fine, by default or otherwise may, if the assessed fine has been paid, appeal to the Reno Municipal Court within ten days from the date of entry of the finding and assessment. Appeal shall be made by filing with the Reno City Clerk a written notice containing the appellant's name, current address, phone number, citation number, and a statement that the appellant appeals the finding and assessment.

(2)

Upon receipt of timely notice of appeal, the city clerk shall forward the notice, together with a copy of the citation and a copy of the hearing officer's finding and assessment to the Reno Municipal Court and a copy of the same to the office of the city attorney.

(3)

On appeal, the matter shall be resolved in a civil action, except that no formal complaint need be filed nor summons issued. The proceedings shall be governed by section 6.30.110 of this chapter. The filing of the notice of appeal shall constitute a submission by the appellant to the jurisdiction of the Reno Municipal Court and to all notices and orders issued by said court during appeal, and to final judgment of said court on resolution of the appeal.

(Ord. No. 4054, § 1, 2-12-91; Ord. No. 6194, § 1, 7-6-11)