§ 54-191. Unauthorized parking of motor vehicles on private property.

(a)

The unauthorized parking of motor vehicles on private property shall be a misdemeanor and the first violation thereof shall be subject to a fine of $35.00 and/or imprisonment for a term of ten days; the second violation thereof shall be subject to a fine of $50.00 and/or imprisonment for a term of 20 days; the third and every subsequent violation thereof shall be subject to a fine of $100.00 and/or imprisonment for a term of 30 days.

(b)

Whenever any motor vehicle without a driver is reported in violation of subsection (a) of this section, the officer, upon finding such vehicle shall, at his discretion, either remove the vehicle from the private property to the department pound or take its state vehicle license number and any other information displayed on the vehicle which may identify its owner, and shall conspicuously affix to the vehicle, in writing, a summons on a form provided by the city and this summons shall inform the owner or his agent to appear at the municipal court on the date stated therein, or he may issue a summons and conspicuously affix it to such vehicle and also immobilize such vehicle by installing or attaching a device thereto and conspicuously affixing to such vehicle a notice, in writing, on a form to be prescribed by the superintendent of police, advising the owner or driver thereof that such vehicle has been immobilized for violation of subsection (a) and indicating the procedure to obtain the release of such immobilizer. Failure of the owner or his agent to appear in court on the date stated in the summons shall cause the court to issue an attachment for the arrest of the owner of the vehicle that was in violation of this section.

(c)

In any prosecution charging a violation of subsection (a) of this section governing the unauthorized parking of motor vehicles on private property, proof that the particular vehicle described in the complaint was parked in violation of subsection (a) of this section, together with proof that the defendant named in the complaint was at the time of such parking the registered owner of such vehicle, shall create a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where and for the time during which it was parked without authorization on private property.

(Code 1956, § 42-43)