Whenever any motor vehicle without a driver or whose driver is unwilling to immediately remove the vehicle is found parked or left upon a snow emergency route for which a parking prohibition is in effect, a summons and complaint shall be issued for such vehicle in accordance with the provisions of this chapter relating to the ticketing of vehicles. The issuance of a summons and complaint shall take place before the vehicle is ordered to be removed. Upon conviction of any section of this article, the court shall assess a nonsuspendable cost of $10.00 for the expenses incurred as a result of the removal of the vehicle. It shall be an affirmative defense to any violation of this article that the owner or operator of the illegally parked vehicle was at the time of the issuance of the citation attempting to secure assistance or such vehicle had a readily apparent defect indicating an inability to move such vehicle. (Code 1979, § 37-58)