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Rule 3. Civil Infraction and Civil Parking Infraction; Complaint and Summons; Citation

Arizona Revised Statutes AnnotatedLocal Rules of Practice and Procedure in City Court Civil Proceedings City of Tucson

Arizona Revised Statutes Annotated
Local Rules of Practice and Procedure in City Court Civil Proceedings City of Tucson (Refs & Annos)
17C A.R.S. City Ct.Local Prac. and Proc.Rules, Tucson, Rule 3
Rule 3. Civil Infraction and Civil Parking Infraction; Complaint and Summons; Citation
Currentness
A. Civil infraction actions, except civil parking infraction actions, shall be commenced either by citation or civil complaint. Any city employee responsible for the enforcement of any provision of the City Charter, City Code, or City Ordinance, bearing a civil sanction or penalty may issue a citation. Alternatively, the city attorney may file a civil complaint with the court. Upon receipt of the complaint, the court shall issue a summons.
B. The charging document and summons may be served by any method authorized by the Arizona Rules of Civil Procedure. In addition, a citation or summons may be served by certified or registered mail return receipt requested. Return of the signed receipt shall be prima facie evidence of service.
C. The charging document and summons shall direct the respondent to appear not more than thirty (30) calendar days after personal service or mailing, if service is made by certified mail.
D. The charging document and summons shall contain at least the following information: The time, date, and place of the alleged violation; reference to the City Ordinance or Code provisions violated; the time, date, and place for the respondent to appear; an affirmation signed by the citing official that the violation took place; and warning of default in the event of failure to appear.
E. Civil parking infraction actions shall be commenced by the issuance of a citation, which shall include the date, time, and location of the violation, the state license number of the vehicle unlawfully parked, reference to the City ordinance or Code provision violated, and notice that within thirty (30) calendar days from the date on which the citation was issued the fine for the violation must be paid to and received by the City or a request must be made to and received by the court for a hearing to contest the citation. A copy of the citation may be served by attaching a copy to the vehicle; personal service is not required. The citation, or copy thereof, issued in accordance with these Rules shall constitute prima facie evidence of the parking infraction.
1. When a citation is issued to a vehicle registered within the State of Arizona, the court shall within seven (7) working days send a citation letter to the owner address on file with the Arizona Department of Motor Vehicles advising the owner of the citation and containing the date, time, and location of the violation as well as the vehicle description and violation description; or a duplicate copy of the citation.
2. If the respondent involved in a civil parking violation or infraction fails to respond within thirty (30) calendar days from the day the citation was issued by one (1) of the prescribed methods in Rule 7, a default fee pursuant to section 8-6.7 of the City Code shall be assessed and the court shall, within seven (7) working days of the default date, send a default letter to the owner's address on file with the Arizona Motor Vehicle department, advising the owner that the citation is in default and that the vehicle may be subject to boot or impoundment.

Credits

Added Sept. 24, 1992, effective Oct. 1, 1992. Amended Sept. 22, 2009, effective Jan. 1, 2010.
17C A. R. S. City Ct. Local Prac. and Proc. Rules, Tucson, Rule 3, AZ ST TUCSON CITY CT Rule 3
State Court Rules are current with amendments received through April 1, 2024. The Code of Judicial Administration is current with amendments received through April 1, 2024.
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