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NO. 122. AN ACT RELATING TO ENFORCEMENT OF MUNICIPAL CIVIL ORDINANCES.

(S.202)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 24 V.S.A. § 1981 is amended to read:

§ 1981. ENFORCEMENT OF ORDER FROM TRAFFIC AND MUNICIPAL

ORDINANCE BUREAU

(a) Upon entry of a violation after hearing or entry of a default judgment by the hearing officer, the person found in violation shall have up to 20 days to pay the penalty to the traffic and municipal ordinance bureau. If the penalty is not paid, the bureau shall forward the order to the municipality. All the civil remedies for collection of judgments shall be available to enforce the order of the traffic and municipal bureau.

(b) Upon motion of the municipal attorney, grand juror or other person designated by the legislative body of the municipality and proof by affidavit that the person found in violation has not paid the penalty, the bureau shall send to the person found in violation a notice that the penalty must be paid within 20 days of receipt of notice. The notice shall include a warning that failure to pay the penalty within 20 days of the notice will result in a proceeding for contempt before the district court.

(c) If the penalty is not paid within the 20 days, the bureau shall send a notice to the district court in the territorial unit where the person resides. The clerk of the district court shall forthwith provide notice to the person of a hearing for civil contempt proceedings pursuant to 12 V.S.A. § 122 for the failure to pay the penalty imposed by the bureau.

Sec. 2. 24 V.S.A. § 1983 is added to read:

§ 1983. IDENTIFICATION TO LAW ENFORCEMENT OFFICERS REQUIRED

(a) A law enforcement officer is authorized to detain a person if:

(1) the officer has reasonable grounds to believe the person has violated a municipal ordinance; and

(2) the person refuses to identify himself or herself satisfactorily to the officer when requested by the officer.

(b) The person may be detained only until the person identifies himself or herself satisfactorily to the officer. If the officer is unable to obtain the identification information,the person shall forthwith be brought before a district court judge for that purpose. A person who refuses to identify himself or herself to the court on request shall immediately and without service of an order on the person be subject to civil contempt proceedings pursuant to 12 V.S.A. § 122.

Approved: April 21, 1998