Rule 80.9.Enforcement of municipal parking violations

Reporter’s Notes—2018 Amendment: Rule 80.9(b)(3) is amended to extend its 20-day time period to 21 days consistent with the simultaneous “day is a day” amendments to V.R.C.P. 6.

Reporter’s Notes—2014 Amendment: Rule 80.9 is amended to reflect the elimination of the District Court and the transfer of its jurisdiction over municipal parking violations to the Criminal Division of the Superior Court by § 7c of Act No. 154 of 2009 (Adj. Sess.), adding 4 V.S.A. § 32(c)(11). Note that by virtue of 4 V.S.A. § 1102(c), the Judicial Bureau has no jurisdiction over municipal parking violations.

Reporter’s Notes: Rule 80.9 is added to implement 4 V.S.A. § 437(11) and 24 V.S.A. § 1974a(e)(1), added by Act No. 146 of 2003 (Adj. Sess.), effective January 1, 2005. These provisions give the District Court jurisdiction to enforce municipal parking violations when a municipality has established an administrative procedure for contesting them and that procedure has been exhausted. Section 1974a(e)(1) provides that the District Court enforcement action is to be a civil violation proceeding as to which there is no right to trial by jury. The rule is based on Rule 80.6 as amended in 2004, which provides the procedure for actions on traffic and other violations in the Judicial Bureau. The Reporter’s Notes to that rule and its amendments may provide guidance to the interpretation of comparable provisions of Rule 80.9. Rule 80.9(a) makes clear that enforcement actions under the rule are civil actions. The provisions of Rule 80.9(b) for service of the summons and complaint are generally similar to those of Rule 80.6(c)(1)-(3). The forms to be distributed by the Court Administrator will be similar to the complaint forms now used in the Judicial Bureau but must provide for an allegation that the municipality has established an administrative procedure for contesting parking violations and that the defendant has exhausted that procedure, because those facts are jurisdictional pursuant to 4 V.S.A. § 437(11). Rule 80.9(c) incorporates, with appropriate terminology changes, the provisions of Rule 80.6 covering prehearing and hearing procedure, default judgments, dismissal, admissions, and entry of judgment. The rule expressly states, consistent with 24 V.S.A. § 1974a(e)(1), that there is no right to trial by jury in proceedings under it. To facilitate application of the requirements of the Servicemembers’ Civil Relief Act, 50 U.S.C.A. App. § 520 et seq., the rule provides that a municipality may require that the affidavit required by that act be made as a step in its parking violation contest procedure. Rule 80.9(d) permits an appeal from the District Court to the Supreme Court only with Supreme Court approval pursuant to V.R.A.P. 6(b). This provision is consistent with 4 V.S.A. § 1107(c), which provides that appeals from District Court review of Judicial Bureau decisions in all other civil violation proceedings may be taken only by permission of the Supreme Court. Although 24 V.S.A. § 1974a(e)(1) is silent on the question of appeals, District Court municipal parking violation proceedings are characterized as “civil violations” by that section. The rule is also consistent with 4 V.S.A. § 443, which provides that appeals from the District Court “may be taken only to the supreme court” and thus does not preclude appeals by permission in otherwise appropriate cases. Rule 80.9(e) is similar to Rule 80.6(n), adding the rules pertaining to jury trial and transfer to the Superior Court to those inapplicable in proceedings under the present rule. Note that Rule 54(d)(1) remains applicable under this provision, permitting the award of costs against a losing party, whether it is the municipality or the defendant. See Reporter’s Notes to Rule 80.6(h)(2).