Vermont Statutes Title 24 Sec. 1974a
Terms Used In Vermont Statutes Title 24 Sec. 1974a
- Conviction: A judgement of guilt against a criminal defendant.
- Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
- Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
- seal: shall include an impression of the official seal made upon paper alone or by means of a wafer or wax affixed thereto. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
§ 1974a. Enforcement of civil ordinance violations
(a) A civil penalty of not more than $800.00 may be imposed for a violation of a civil ordinance. Each day the violation continues shall constitute a separate violation.
(b) All civil ordinance violations, except municipal parking violations, and all continuing civil ordinance violations, where the penalty is $800.00 or less, shall be brought before the Judicial Bureau pursuant to Title 4 and this chapter. If the penalty for all continuing civil ordinance violations is greater than $800.00, or injunctive relief, other than as provided in subsection (c) of this section, is sought, the action shall be brought in the Criminal Division of the Superior Court, unless the matter relates to enforcement under chapter 117 of this title, in which instance the action shall be brought in the Environmental Division of the Superior Court.
(c) The Judicial Bureau, on application of a municipality, may order that a civil ordinance violation cease.
(d) Civil enforcement of municipal zoning violations may be brought as a civil ordinance violation pursuant to this section or in an enforcement action pursuant to the requirements of chapter 117 of this title.
(e)(1) When filed in court as an enforcement action by the municipality, municipal parking violations shall be brought as civil violations. The right to trial by jury shall not apply in such cases.
(2) A person who received a criminal conviction in District Court for a municipal parking violation committed before January 1, 2005 may petition the court to seal all records in the matter. The person shall provide a copy of the petition to the State or municipal official who was the prosecuting authority on the matter in District Court. The court shall grant the petition if, after providing the prosecuting authority with an opportunity to respond, the court finds that sealing the records would serve the interests of justice. (Added 1993, No. 237 (Adj. Sess.), § 4, eff. Nov. 1, 1994; amended 1997, No. 121 (Adj. Sess.), § 17; 2003, No. 115 (Adj. Sess.), § 77, eff. Jan. 1, 2005; 2003, No. 146 (Adj. Sess.), § 5, eff. Jan. 1, 2005; 2009, No. 154 (Adj. Sess.), § 236; 2011, No. 155 (Adj. Sess.), § 2.)