(a) An owner of a vehicle is not jointly liable with an operator of the vehicle whose act or omission resulted in a parking infraction or any fine, penalty, fee or cost arising out of the parking infraction, if any of the following applies:
(1) The owner answers the charge of the parking infraction under Section 454.05 or 454.06, the answer denies that he or she committed the infraction and requests a hearing concerning the infraction, the owner additionally asserts and provides reasonable evidence at the time to prove that the vehicle, at the time of the commission of the parking infraction, was being used by the operator without the owner's express or implied consent, and the Parking Violations Bureau determines that the vehicle was being used without the owner's express or implied consent at the time. If the Bureau does not so determine, it shall conduct the hearing concerning the infraction according to Section 454.07.
(2) The owner answers the charge of the parking infraction under Section 454.05 or 454.06, the answer denies that he or she committed the parking infraction, the owner additionally submits evidence at that time that proves that, at the time of the alleged commission of the infraction, the owner was either engaged in the licensed taxicab business or otherwise engaged in the business of renting or leasing vehicles under written rental or lease agreements, and the owner additionally submits evidence that proves that, at the time of the alleged commission of the parking infraction, the vehicle in question was in the care, custody or control of a person other than the owner, either pursuant to an employment relationship, if the owner was engaged in the licensed taxicab business, or otherwise pursuant to a written rental or lease agreement. If the owner does not so prove, the Parking Violations Bureau shall conduct a hearing relative to the infraction according to Section 454.07.
(3) The owner, at a hearing concerning the parking infraction conducted in accordance with Section 454.07, proves that the vehicle, at the time of the parking infraction, was being used by the operator without the owner's express or implied consent or proves the facts described in division (a)(2) of this section.
(b) (1) The owner of a vehicle who is either engaged in the licensed taxicab business or otherwise engaged in the business of renting or leasing vehicles under written rental or lease agreements, but who does not satisfy the additional requirement of division (a)(2) of this section, is not liable for any penalties arising out of a parking infraction involving the vehicle if, at the time of the commission of the parking infraction, the vehicle was in the care, custody or control of a person other than the owner, either pursuant to an employment relationship, if the owner was engaged in the licensed taxicab business, or otherwise pursuant to a written rental or lease agreement, and if the owner answers the charge of the parking infraction by denying that he or she committed the parking infraction or by paying the fine arising out of the parking infraction within thirty days after actual receipt of the parking ticket charging the infraction or, if the owner did not receive the parking ticket, within thirty days after receipt of the notification of infraction.
(2) Proof that the vehicle was in the care, custody or control of a person other than the owner pursuant to a written rental or lease agreement at the time of the alleged parking infraction shall be established by sending a true copy of the rental or lease agreement or an affidavit to that effect to the Parking Violations Bureau within thirty days after receipt of the notification of infraction. The submission of a true copy of a written rental or lease agreement or affidavit shall be prima-facie evidence that a vehicle was in the care, custody or control of a person other than the owner.
(Ord. 163-96. Passed 12-23-96.)