(a) A person or entity who receives a ticket for a civil violation sent in compliance with Section 418.04 shall elect to do one of the following:
(1) In accordance with instructions on the ticket, pay the civil penalty, thereby failing to contest liability and waiving the opportunity to contest the violation;
(2) A. Within 30 days after receipt of the ticket, provide the law enforcement agency of the Village with either of the following affidavits:
1. An affidavit executed by the registered owner stating that another person was operating the vehicle of the registered owner at the time of the violation, identifying that person as a designated party who may be held liable for the violation, and containing at a minimum the name and address of the designated party;
2. An affidavit executed by the registered owner stating that at the time of the violation, the motor vehicle or the license plates issued to the motor vehicle were stolen and therefore were in the care, custody, or control of some person or entity to whom the registered owner did not grant permission to use the motor vehicle. In order to demonstrate that the motor vehicle or the license plates were stolen prior to the traffic law violation and therefore were not under the control or possession of the registered owner at the time of the violation, the registered owner shall submit proof that a report about the stolen motor vehicle or license plates was filed with the appropriate law enforcement agency prior to the violation or within 48 hours after the violation occurred.
B. A registered owner is not responsible for a traffic law violation if, within 30 days after the date of mailing of the ticket, the registered owner furnishes an affidavit specified in division (a)(2)A.1. or 2. of this section to the Village in a form established by the Village and the following conditions are met:
1. If the registered owner submits an affidavit as specified in division (a)(2)A.1. of this section, the designated party either accepts liability for the violation by paying the civil penalty or failing to request an administrative hearing within 30 days or is determined liable in an administrative hearing;
2. If the registered owner submits an affidavit as specified in division (a)(2)A.2 of this section, the affidavit is supported by a stolen vehicle or stolen license plate report as required in that division.
(3) If the registered owner is a motor vehicle leasing dealer or a motor vehicle renting dealer, notify the law enforcement agency of the Village of the name and address of the lessee or renter of the motor vehicle at the time of the traffic law violation. A motor vehicle leasing dealer or motor vehicle renting dealer who receives a ticket for an alleged traffic law violation detected by a traffic law photo-monitoring device is not liable for a ticket issued for a motor vehicle that was in the care, custody, or control of a lessee or renter at the time of the alleged violation. The dealer shall not pay such a ticket and subsequently attempt to collect a fee or assess the lessee or renter a charge for any payment of such a ticket made on behalf of the lessee or renter.
(4) If the vehicle involved in the traffic law violation is a commercial motor vehicle and the ticket is issued to a corporate entity, provide to the law enforcement agency of the Village an affidavit, sworn to or affirmed by an agent of the corporate entity, that provides the name and address of the employee who was operating the motor vehicle at the time of the alleged violation and who is the designated party.
(5) Contest the ticket by filing a written request for an administrative hearing to review the ticket. The person or entity shall file the written request not later than 30 days after receipt of the ticket. The failure to request a hearing within this time period constitutes a waiver of the right to contest the violation and ticket, and is deemed to constitute an admission of liability and waiver of the opportunity to contest the violation.
(b) When the Village receives an affidavit described in division (a)(2)A.1. or (a)(4) of this section or a notification under division (a)(3) of this section from a registered owner, it may proceed to send a ticket that conforms with Section 418.04(c) to the designated party. The Village shall send the ticket to the designated party by ordinary mail not later than 21 days after receipt of the affidavit or notification.
(Ord. 2015-15. Passed 2-11-15.)