If a person is in violation of any of the provisions of this chapter he or she shall be deemed guilty of a minor misdemeanor, punishable by up to a one hundred dollar ($100.00) fine. In addition, if a person is deemed or found guilty of a violation of Section 376.10, that person shall forfeit ownership of the motorized scooter used to commit the offense. Said scooter will be immediately forfeitable upon service of the ticket, summons or complaint. Said ticket, summons or complaint shall indicate the forfeiture and will serve notice of the forfeiture. If the offender did not own the scooter at the time the offense was committed, or if the offender transfers ownership or title to the motorized scooter during the adjudication process, the offender must forfeit two hundred fifty dollars ($250.00) in lieu of the motorized scooter in addition to any fine. If a person other than the offender owned the motorized scooter at the time of the offense, the rightful owner must submit a written request for return of property with the Police Department. That request should include proof of ownership and a statement of whom and how the offender gained possession of the motorized scooter. If the rightful owner can reasonably establish ownership and that the motorized scooter was innocently provided by loan or authorization, including the lack of knowledge concerning the facts of the allegation against the principal offender pursuant to Section 376.10. All motorized scooters forfeited shall be disposed in accordance with the Ohio Revised Code and the proceeds shall be deposited in the Law Enforcement Trust Fund of the Brook Park Police Department.
(Ord. 9076-2004. Passed 3-16-04.)