351.99 PENALTY AND WAIVER.
   (a)   Whoever violates any provision of this chapter for which no penalty is otherwise provided is guilty of a minor misdemeanor.
   (b)   Any person who receives a notice of a parking violation has the right to appear at the office of the Clerk of the Municipal Court and comply with the following provisions:
      (1)   If the person receiving such notice appears by or on the appearance date set forth in the citation at the office of the Clerk of the Municipal Court during hours such Clerk's office is open to the public at the Elyria Municipal Court, located in the Elyria Municipal Court Building, or at such other places or in such manner as the Clerk of the Municipal Court shall designate, and in writing waives the filing of an affidavit relating to the violation, the reading of the same and the issuance of a warrant, and enters a plea of guilty and consent to be tried in his or her absence, and pays the sum of fifteen dollars ($15.00), such person shall be released from further liability and shall upon consideration of the Court, be fined the fifteen dollars ($15.00) paid. For the third such notice of parking violation within a consecutive one year period, the sum shall be fifty dollars ($50.00), and for the fourth and all other subsequent notices of parking violation within a consecutive one-year period, the sum shall be one hundred dollars ($100.00) for each such notice of parking violation. For the purpose of determining the amount to be paid to be in compliance with Section 351.99(b)(1), any notice(s) of a parking violation which occurred prior to April 5, 2007, shall not be used to determine the amount to be paid.
      (2)   If the person does not appear and pay by or on the appearance date set forth in the citation, he or she shall be punished as provided in division (a) of this section, including the addition of court costs and the issuance of a summons to appear.
(Ord. 89-161. Passed 7-17-89.)
   (c)   Whoever violates Section 351.04(g) shall be subject to the following penalties:
      (1)   Except as provided in paragraph (c)(2) hereof, the offender shall be issued a warning;
      (2)   If the offender previously has been convicted of or pleaded guilty to a violation of Section 351.04(g), the offender shall not be issued a warning but shall be fined twenty-five dollars ($25.00) for each parking location that is not properly marked or whose markings are not properly maintained.
      (3)   Whoever violates any other provision of Section 351.04 is guilty of a minor misdemeanor.
(Adopting Ordinance)
   (d)   Whoever receives a notice of a two-hour overtime parking violation has the right to appear at the office of the Clerk of the Municipal Court and comply with the following provisions:
      (1)   If the person receiving such notice appears at the office of the Clerk of the Municipal Court during hours such Clerk is in attendance at the City Hall, or at such other places or in such manner as the Clerk of the Municipal Court designates, and at other times at the office of the Police Division, within forty-eight hours of the time of the issuance of the notice of the two-hour overtime parking violation, and in writing waives the filing of an affidavit relating to the violation, the reading of the same and the issuance of a warrant, and enters a plea of guilty and consents to be tried in his or her absence, and pays the amount of ten dollars ($10.00), such person shall be released from further liability and shall, upon consideration of the Court, be fined the ten dollars ($10.00) so paid. For three or more such notices of parking violations within a consecutive six-month period of time, the amount shall be thirty dollars ($30.00) for each notice after the second such notice.
      (2)   If the person does not appear within forty-eight hours, but appears within the succeeding twenty-four hours, the person shall pay the sum of twenty dollars ($20.00) for the first two notices of parking violations and sixty dollars ($60.00) for each subsequent violation thereafter within a consecutive six-month period of time.
      (3)   If the person does not appear within seventy-two hours, he or she shall be subject to the penalties provided in subsection (b) hereof.
(Ord. 92-158. Passed 8-3-92.)
      (4)   Any person who accumulates more than two such notices of parking violation within a consecutive six-month period shall, in addition to the penalties set forth in this subsection, have the motor vehicle towed at the owner's expense, subject to the cost limitation set forth in Section 351.065(f).
(Ord. 94-63. Passed 3-21-94; Ord. 2006-6. Passed 1-17-06; Ord. 2007-16. Passed 3-5-07; Ord. 2007-34. Passed 4-16-07; Ord. 2007-47. Passed 5-7-07.)