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(a) If a person who is personally or constructively served with a parking ticket charging the commission of a parking infraction or who receives a notification of infraction, in his or her answer to the charge denies that he or she committed the infraction, the Parking Violations Bureau shall conduct a hearing to determine if the person committed the parking infraction. Each hearing shall be conducted by a hearing examiner of the Parking Violations Bureau. Each hearing shall be conducted in such manner as the hearing examiner considers appropriate. Rules regarding the admissibility of evidence shall not be strictly applied in the hearing, but all testimony shall be under oath.
At the hearing, the City of Cleveland has the burden of proving, by a preponderance of the evidence, that the person for whom the hearing is being conducted committed the parking infraction. If the person, in his or her answer, denied that he or she committed the parking infraction and requested the presence at the hearing of the law enforcement officer who issued the parking ticket, the officer shall be required to attend the hearing unless the hearing examiner determines that the officer’s presence is not required. If the officer’s presence at the hearing has been requested and the officer is unable to attend the hearing on the day and at the time scheduled, the hearing examiner may grant a reasonable continuance. The person for whom the hearing is being conducted may present any relevant evidence and testimony at the hearing. The person does not have to attend the hearing if he or she submits documentary evidence to the hearing examiner prior to the day of the hearing.
The City of Cleveland shall submit the original parking ticket that was personally or constructively served on the person or a true copy of that ticket, and information from the Bureau of Motor Vehicles that identifies the owner of the vehicle. The ticket and the information in proper form is prima facie evidence that the registered owner of the vehicle was the person who committed the parking infraction. The City of Cleveland may present additional evidence and testimony at the hearing. The City of Cleveland does not have to be represented at the hearing by an attorney.
(b) (1) If a person for whom a hearing is to be conducted under division (a) of this section appears at the scheduled hearing or submits evidence in accordance with that division, the hearing examiner shall consider all evidence and testimony presented and shall determine whether the City of Cleveland has established, by a preponderance of evidence, that the person committed the parking infraction. If the hearing examiner determines that the person committed the infraction, an order indicating the determination as a judgment against the person and requiring the person to pay the appropriate fine and any additional penalties, fees, and costs shall be entered in the records of the Parking Violations Bureau.
(2) If a person for whom a hearing is to be conducted under division (a) of this section fails to appear at the scheduled hearing and fails to submit evidence in accordance with that division, the hearing examiner shall, if he or she determines from any evidence and testimony presented at the hearing, by a preponderance of the evidence that the person committed the parking infraction, enter a default judgment against the person and require the person to pay the appropriate fine and any additional penalties, fees, and costs. A default judgment entered under this division shall be entered in the records of the Parking Violations Bureau.
(3) If a person who is sent a notification of infraction pursuant to Section 459.06 hereof does not timely answer, as provided in division (c) of that section, the hearing examiner of the Parking Violations Bureau shall, if he or she determines from any evidence and testimony presented to him or her by the local authority, by a preponderance of the evidence, that the person committed the parking infraction, enter a default judgment against the person and require the person to pay the appropriate fine and any additional penalties, fees, and costs. A default judgment entered under this division shall be entered in the records of the Parking Violations Bureau.
(4) If the hearing examiner does not determine, by a preponderance of the evidence, that a person in any of the classes described in division (b)(1), (2), or (3) of this section committed the parking infraction, the hearing examiner shall enter judgment against the City of Cleveland, shall dismiss the charge of the parking infraction against the person, and shall enter the judgment and dismissal in the records of the Parking Violations Bureau.
(5) A default judgment entered under this section may be vacated by the hearing examiner who entered it if all of the following apply:
A. The person against whom the default judgment was entered files a motion with the Parking Violations Bureau within one (1) year of the date of entry of the judgment;
B. The motion sets forth a sufficient defense to the parking infraction out of which the judgment arose;
C. The motion sets forth excusable neglect as to the person’s failure to attend the hearing or answer the notification of infraction.
(c) Payment of any judgment or default judgment entered against a person pursuant to this section shall be made to the Violations Clerk of the Parking Violations Bureau in which the judgment was entered within ten (10) days of the date of entry. All money paid in satisfaction of a judgment of default judgment shall be disbursed by the Violations Clerk to the City of Cleveland and the Violations Clerk shall enter the fact of payment of the money and its disbursement in the records of the Parking Violations Bureau. If payment is not made within this time period, the judgment or default judgment may be filed with the Office of the Clerk of Court, Civil Division, and when so filed, shall have the same force and effect as a money judgment in a civil action rendered in the Court.
As required by division (C) of RC 4521.08, judgments and default judgments filed with the Cleveland Municipal Court, Office of the Clerk of Court, Civil Division, shall be maintained in a separate index and judgment roll from other judgments rendered in that Court. Computer printouts, microfilm, microdot, microfiche, or other similar data recording techniques may be utilized to record such judgments. When a judgment or default judgment is filed with the Court, execution may be levied, and such other measures may be taken for its collection as are authorized for the collection of an unpaid money judgment in a civil action rendered in that Court. The Municipal Court may assess costs against the judgment debtor, in an amount not exceeding ten dollars ($10.00) for each parking infraction, to be paid upon satisfaction of the judgment.
(d) Any person against whom a judgment or default judgment is entered pursuant to this section and the City of Cleveland if judgment is entered against the City pursuant to this section may appeal the judgment or default judgment to the Cleveland Municipal Court by filing notices of appeal with the Parking Violations Bureau and the Municipal Court within fifteen (15) days of the date of entry of the judgment and by the payment of such reasonable costs as the Court requires. Upon the filing of an appeal, the Court shall schedule a hearing date and notify the parties of the date, time, and place of the hearing. The hearing shall be held by the Court in accordance with the rules of the Court. Service of a notice of appeal under this division by a person does not stay enforcement and collection of the judgment or default judgment from which appeal is taken by the person unless the person who files the appeal posts bond with the Parking Violations Bureau in the amount of the judgment, plus court costs, at or before service of the notice of appeal.
Notwithstanding any other provision of law, the judgment on appeal of the Municipal Court is final, and no other appeal of the judgment of the Parking Violations Bureau and no appeal of the judgment of the Municipal Court may be taken.
(e) A judgment or default judgment entered pursuant to this section may be filed with the Municipal Court, Office of the Clerk of Court, Civil Division, under division (c) of this section at any time within three (3) years after the date of issuance of the parking ticket charging the parking infraction out of which the judgment arose. This division applies to any ticket issued for an offense that would be a parking infraction on or after the effective date of RC 4521.08, if the ticket was issued within three (3) years prior to the effective date of this section and a warrant has not been issued and served on the operator or owner of the vehicle involved in that offense.
(Ord. No. 446-90. Passed 6-4-90, eff. 6-8-90)
(a) Any vehicle which has been impounded pursuant to divisions (j) or (1) of Section 405.02 of these Codified Ordinances shall be released to the owner or other person lawfully entitled to possession upon the occurrence of one (1) of the following:
(1) If an answer to the summons and complaint is made and the answer admits the commission of the infraction, payment of the fines and penalties prescribed by Sections 459.11, 459.05, and 459.06 hereof, towing, storage, and impound fees, and administrative fees and costs shall be made with respect to the infraction for which the vehicle was impounded.
(2) If an answer to the summons and complaint is made and the answer admits with explanation the commission of the infraction, payment shall be made or a bond shall be posted or cash shall be deposited equal in amount to the payment specified in division (a)(1) of this section.
(3) If an answer to the summons and complaint is made and the answer denies the commission of the infraction, a bond shall be posted or cash shall be deposited equal in amount to the payment specified in division (a)(1) of this section.
(b) No vehicle shall be released pursuant to this section unless the person claiming ownership or lawful possession pays:
(2) All unpaid judgments or default judgments for parking infraction offenses and all unpaid notices of liability under Section 413.031 for red light or speeding violations, provided that the notices of liability under Section 413.031 are not on appeal, that were committed with any vehicle that had the same license plate number as the vehicle being claimed.
(c) No vehicle shall be released pursuant to this section unless the person claiming ownership or lawful possession produces proof of identity and ownership.
(d) Any bond posted or cash deposited for the release of a vehicle under this section shall not exceed one thousand dollars ($1,000.00).
(Ord. No. 645-06, § 2. Passed 6-12-06, eff. 6-16-06)
(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 for the parking infraction or any fine, penalty, fee, processing fee, or cost arising out of the parking infraction under this chapter if either of the following apply:
(1) The owner answers the charge of the parking infraction under Sections 459.05 or 459.06 hereof, 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 that 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 that time. If the Parking Violations Bureau does not so determine, it shall conduct the hearing concerning the infraction according to Section 459.07 hereof.
(2) The owner answers the charge of the parking infraction under Sections 459.05 or 459.06 hereof, 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 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 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 459.07 hereof.
(3) The owner, at a hearing concerning the parking infraction conducted in accordance with Section 459.07 hereof, 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) An owner of a vehicle who is engaged in the business of renting or leasing vehicles under written rental or lease agreements, but who does not satisfy the additional requirements of division (a)(2) of this section is not liable for any penalties or processing fees 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 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 (30) days after actual receipt of the parking ticket charging the infraction or, if the owner did not receive the parking ticket, within thirty (30) days after receipt of the notification of infraction.
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 (30) days after the date of receipt by the owner of the parking ticket charging the infraction or, if the owner did not receive the parking ticket, within thirty (30) 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. The affidavit authorized by this section shall be accompanied by a postage paid, self-addressed envelope, shall be in a form the registrar of motor vehicles shall prescribe, and shall include space for the Parking Violations Bureau to indicate receipt of the affidavit. Within thirty (30) days of receipt of the affidavit, the Parking Violations Bureau shall return a receipted copy of the affidavit to the rental or lease company. In addition, any information required by division (a)(2) of this section may be provided on magnetic tape or another computer readable media in a format acceptable to the City of Cleveland or the Violations Clerk.
(Ord. No. 446-90. Passed 6-4-90, eff. 6-8-90)
The parking ticket to be used as the summons and complaint by law enforcement officers in all cases in which a person is charged with a parking infraction within the City of Cleveland shall be in substantially the following form:
(Ord. No. 2796-90. Passed 3-4-91, eff. 3-4-91)
(a) The fine for committing a parking infraction, unless another fine is established by divisions (b), (c), (d) or (e) of this section, is hereby established to be twenty-five dollars ($25.00), except that the fine for a rush hour parking infraction shall be thirty-five dollars ($35.00).
(b) The fine for violating each of the following sections of the Codified Ordinances of Cleveland. Ohio, 1976, whether or not committed during rush hour, is hereby established to be fifty dollars ($50.00):
Statutory Prohibited Standing or Parking Places, division (d), division (e) and division (j) only | |
Fire Lanes on Public and Private Property, division (b) and division (c) only | |
Between Sidewalk and Setback Line | |
Parking Vehicles on Vacant Lots Prohibited, division (b) only | |
Abandoned Vehicles | |
Snow Emergency | |
Bus Stops and Taxicab Stands, division (b) only |
(c) The fine for violating each of the following section of the Codified Ordinances of Cleveland, Ohio, 1976, whether or not committed during rush hour, is hereby established to be one hundred dollars ($100.00):
Trucks and Commercial Vehicles, division (b) only |
(d) The fine for violating the following section of the Codified Ordinances of Cleveland, Ohio, 1976, whether or not committed during rush hour, is hereby established to be two hundred dollars ($200.00):
Tree Lawn and Private Driveway, division (a) only |
(e) The fine for violating the following section of the Codified Ordinances of Cleveland, Ohio, 1976, whether or not committed during rush hour, is hereby established to be two hundred and fifty dollars ($250.00):
Physically Handicapped Parking, division (b) only |
(Ord. No. 593-2024. Passed 6-3-24, eff. 6-7-24)
(a) If three (3) or more judgments or default judgments have been entered against a person pursuant to Section 459.07 hereof and the person has not paid the judgments or default judgments within ten (10) days of the date of entry of the third judgment, the Parking Violations Bureau may give notice of that fact to the Registrar of Motor Vehicles for purposes of preventing registration or transfer of registration of any vehicle owned or leased by the person as provided in RC 4521.10. The notice, if given, shall be given not earlier than sixteen (16) days nor later than three (3) years after the date of entry of the third judgment, and shall be in a form and manner, and contain such information, as the registrar prescribes.
(b) When a notice as provided in division (a) of this section is given to the registrar and the judgments or default judgments are subsequently paid, dismissed, or reversed on appeal, or it is discovered that the notice was given in error and is therefore canceled, the Parking Violations Bureau shall immediately notify the registrar of such payment, dismissal, reversal, or cancellation. The notification shall be in a form and manner, and contain such information, as the registrar prescribes. If the initial notice was not given in error, the Parking Violations Bureau shall charge the person a five dollar ($5.00) processing fee for each judgment or default judgment to cover the costs of the Bureau of Motor Vehicles in administering this section. Upon payment of the fee, the Parking Violations Bureau shall give to the person a release to be presented at the time of registering or transferring the registration of a motor vehicle owned or leased by him or her. All fees collected under this division shall be transmitted monthly to the registrar for deposit in the state highway safety fund established by RC 4501.06.
(Ord. No. 446-90. Passed 6-4-90, eff. 6-8-90)
Note: Section 4 of Ord. No. 446-90 provides that within 1 year of the effective date of this section, the Violations Clerk of the Parking Violations Bureau may, at any time prior to giving notice to the registrar of motor vehicles pursuant to division (a) of Section 459.12, establish payment plans upon terms determined by the Violations Clerk for the payment of parking infraction judgments or default judgments.