351.17 ENFORCEMENT; VIOLATION NOTICE; WAIVER.
   (a)   Each police officer, parking control officer, or community service officer who issues a citation for a violation of any provision of this chapter shall:
      (1)   Record the location of the vehicle alleged to be in violation of a parking regulation;
      (2)   Record the registration number of the vehicle;
      (3)   Record the time of the alleged parking violation;
      (4)   Record the particular section(s) alleged to be violated; and
      (5)   Record any other facts or information necessary for a thorough understanding of the circumstances relating to the alleged violation(s).
   (b)   The officer shall affix to the vehicle a notice to the owner or operator of the vehicle that the vehicle has been parked in an illegal manner and in violation of the indicated provision(s) of this chapter, and instruct the owner or operator as to the penalties and the methods for satisfying them.
   (c)   Each citation for a parking regulation violation issued in the Village shall include a notice which includes the following information: NOTICE: If you wish to avoid a formal appearance in the Mayor’s Court of the Village of Cardington, Ohio, and payment of additional local court costs if found guilty of this alleged violation, you may pay the fine indicated on this citation by delivering this citation and payment to the Village Offices at 215 Park Avenue, Cardington, Ohio, 43315, either personally or by mail within three (3) business days of the date of this citation (the “Waiver Period”). Such payment shall be deemed a plea of guilty, waiver of court appearance, and acknowledgment of conviction of the alleged offense and may be accepted in full satisfaction of the prescribed penalty for such alleged violation. If you do not with to plead guilty or to give up your court appearance, you shall appear in Cardington Mayor’s Court on the next regularly scheduled court date that is after the Waiver Period. Failure either to pay the fine by waiver or to appear in Mayor’s Court on the assigned date will subject the owner or operator to the full range of penalties for a violation authorized by law.
   (d)   Payment of the prescribed fine may not be accepted when laws prescribe that a certain number of such offenses shall require a court appearance.
   (e)   If a parking citation is not paid in full within the Waiver Period and the owner or operator does not appear as required in Mayor’s Court, the owner or operator cited shall pay an additional ten dollars ($10.00) for each violation for which the fine is not paid timely.
   (f)   Notwithstanding any other provision of this chapter, the penalty for a violation of Section 351.03 charged as a first offense shall be ten dollars ($10.00). Notwithstanding any other provision of this chapter, the penalty for a violation of Section 351.03 charged as a second offense shall be twenty-five dollars ($25.00). Notwithstanding any other provision of this chapter, the penalty for a violation of Section 351.03 charged as a third offense shall be fifty dollars ($50.00). Notwithstanding any other provision of this chapter, the penalty for a violation of Section 351.04(f) charged as a first offense shall be one hundred dollars ($100.00). If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates Section 351.04(f) is guilty of a misdemeanor of the fourth degree. If within one year of the offense, the offender previously has been convicted of or pleaded guilty to two or more predicate motor vehicle or traffic offenses, whoever violates Section 351.04(f) is guilty of a misdemeanor of the third degree.
(Ord. 2005-26. Passed 9-19-05.)