Section
454.01 Definitions
454.02 Decriminalization of parking violations; impoundment and immobilization of vehicles
454.03 Parking ticket; service and liability
454.04 Establishment of Bureau; jurisdiction; costs; collection and disbursement of fines and the like; contract for services
454.05 Answering charges
454.06 Failure to answer charges
454.07 Hearings; judgments; appeals
454.08 Nonliability of vehicle owner
454.09 Parking ticket adopted
454.10 Parking infraction fines
As used in this chapter:
(a) “Accessible parking space” means a motor vehicle parking location that is reserved for the exclusive standing or parking of a vehicle that is operated by or on behalf of a person with a disability that limits or impairs the ability to walk and displays a placard or license plates issued under R.C. § 4503.44.
(b) “Bureau” means the City of Avon Lake Parking Violations Bureau.
(c) “Court” or “Municipal Court” means the City of Avon Lake Municipal Court.
(d) “Local authority” means every county, municipal corporation, township or other local board or body having authority to adopt police regulations pursuant to the Constitution and laws of this State.
(e) “Parking infraction” means a violation of Chapter 452 of this code of ordinances.
(f) “Person with a disability that limits or impairs the ability to walk” has the same meaning as in R.C. § 4503.44.
(g) “Vehicle” means a device, including a motorized bicycle, in, upon or by which any person or property may be transported or drawn upon a street or highway, except motorized wheelchairs and devices, other than bicycles, moved by human power. (See also § 402.01 of this code of ordinances and R.C. § 4511.01(A).)
(Ord. 122-95, passed 7-24-1995)
Statutory reference:
Parking violations bureau definitions, see R.C. § 4521.01
(a) A parking infraction shall not be considered a criminal offense for any purpose.
(b) A vehicle involved in three or more parking infractions, in which judgments or default judgments have been filed with the Clerk of the Municipal Court pursuant to § 454.07(i), is subject to impoundment or immobilization by law enforcement officers of the city, without regard to whether the vehicle, at the time of impoundment or immobilization, is illegally parked.
(c) The owner of any vehicle impounded is liable for impoundment fees and storage charges as provided by § 454.06.
(d) A vehicle impounded or immobilized under division (b) or (e) of this section shall be released to the owner upon the owner presenting a valid certificate of title to the vehicle to the Violations Clerk of the Parking Violations Bureau and paying either the fines, penalties, fees and costs due on the parking infractions issued or outstanding, or the judgments or default judgments which lead to the impoundment or immobilization, or posting a bond equal to the amount of the fines, penalties, fees and costs. In no case shall the owner of a vehicle impounded or immobilized be required to post a bond in excess of $500 to obtain release of the vehicle.
(e) Notwithstanding divisions (b) and (d) of this section, a vehicle parked, stopped or standing on a public street or highway in commission of a parking infraction is subject to impoundment if determined to be in violation of § 452.01.
(Ord. 122-95, passed 7-24-1995)
Statutory reference:
Local authority to create noncriminal parking violations, see R.C. § 4521.02
(a) The parking ticket adopted in § 454.09 shall be used by law enforcement officers in all cases in which a person is charged with committing a parking infraction within the city. The parking ticket shall be the summons and complaint.
(b) A law enforcement officer who issues a parking ticket for a parking infraction shall complete the ticket by identifying the infraction charged, recording the license plate number and the type and make or model of the vehicle, and indicating the date, time and place of the infraction. The officer shall sign the ticket and affirm the facts it contains and file a copy with the Violations Clerk. If the operator of the vehicle is present, the officer shall record on the ticket the name of the operator and shall then personally serve the parking ticket upon the operator. If the operator of the vehicle is not present, the officer shall insert the “owner” in the space provided on the parking ticket for identification of the offender and constructively serve the parking ticket upon the owner of the vehicle by affixing the ticket to the vehicle in a conspicuous place. Constructive service of a parking ticket upon an owner of a vehicle by affixation as provided in this section, or by the procedure described in division (d) of this section, has the same force and effect, and potentially subjects both the owner and the operator of the vehicle whose act or omission resulted in the parking infraction, if different, to the same fine and the same penalties, fees and costs for failure to timely answer or to appear, if a hearing is requested, as if the parking ticket were personally served on both the owner and operator of the vehicle at the time of the violation.
(c) The original of a parking ticket issued pursuant to this section or any true copy of it shall be considered a record kept in the ordinary course of business of the city and of the law enforcement agency whose officer issued it, and shall be prima facie evidence of the facts it contains.
(d) An operator of a vehicle who is not the owner of the vehicle, but who operates it with the express or implied permission of the owner, is the agent of the owner for purposes of the receipt of parking tickets served in accordance with this section, and personal service of a parking ticket upon the operator in accordance with this section constitutes constructive service upon the owner. The operator of a rented or leased vehicle whose act or omission resulted in an alleged parking infraction is not considered an agent of the owner if the owner is engaged in the business of renting and leasing vehicles pursuant to a written rental or lease agreement and if the owner follows the procedures set forth in § 454.08.
(e) Except as provided in § 454.08, when a parking ticket is issued for a parking infraction and is served pursuant to this section, the operator of the vehicle whose act or omission resulted in the parking infraction for which the ticket was issued and the owner of the vehicle involved in the parking infraction, if different, are jointly liable for the parking infraction and any fine, penalty or fees and costs arising out of the parking infraction. Any owner of a vehicle who pays any fine, penalty, fee and cost imposed for a parking infraction may recover the amount paid from the operator of the vehicle whose act or omission resulted in the infraction.
(f) No person upon whom a parking ticket charging a parking infraction is personally or constructively served shall be arrested as a result of the commission of the parking infraction.
(Ord. 122-95, passed 7-24-1995)
(a) The City of Avon Lake Parking Violations Bureau, hereinafter called the Parking Violations Bureau or the Bureau, is hereby established pursuant to R.C. §
4521.04
. The Parking Violations Bureau shall be a division within the office of the Finance Department. The Parking Violations Bureau has jurisdiction over each parking infraction that occurs within the territory of the city.
(b) The operating costs of the Parking Violations Bureau shall be paid by the city. The Mayor shall appoint a Violations Clerk, hearing examiners and necessary clerical employees. No person shall be employed as a hearing examiner unless the person is an attorney admitted to the practice of law in this state or was formerly employed as a law enforcement officer.
(c) The fine, penalties, fees and costs established for a parking infraction, as established in § 452.15 of this code of ordinances, shall be collected, retained and disbursed by the Violations Clerk if the parking infraction which occasioned the fine, penalties, fees and costs occurred within the jurisdiction of the Bureau. The Violations Clerk shall issue blank tickets for parking infractions to the Police Chief for the city who shall prescribe conditions for issuance and accountability. The fine, penalties, fees and costs collected by the Violations Clerk for a parking infraction shall be disbursed by such Clerk to the city.
(d) The Mayor has authority, with Council approval, to contract with any nongovernmental entity to provide services in the processing, collecting and enforcing of parking tickets issued by law enforcement officers, and civil and default civil judgments entered pursuant to this chapter. No contract shall affect the responsibilities of hearing examiners or the ultimate responsibility of the Violations Clerk to collect, retain and disburse fines, penalties, fees and costs for parking infractions and money paid in satisfaction of judgments and default judgments entered pursuant to this chapter.
(Ord. 122-95, passed 7-24-1995)
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