EDITOR’S NOTE: This chapter was added by Ordinance 111-2016, effective date 1/1/2017.
309.01 Definitions.
309.02 Parking Violations Bureau established.
309.03 Parking ticket service and liability.
309.04 Answers; procedures.
309.05 Failure to answer.
309.06 Hearing procedure.
309.07 Release of impounded vehicles.
309.08 Non-liability of owner.
309.09 Notification to Registrar of Motor Vehicles.
309.99 Penalty.
CROSS REFERENCES
Parking generally - see TRAF. Ch. 351
The following word and phrases, when used in this chapter of the Traffic Code, shall have the meanings respectively ascribed to them by this section.
(a) "Court" or "Municipal Court" means the Euclid Municipal Court.
(b) "Notification of Infraction" means the notice mailed to the owner or operator of a vehicle involved in a parking infraction pursuant to Section 309.05 of this Code.
(c) "Parking Infraction" means a violation of Chapter 351 of this Code.
(d) "Parking Violations Bureau" means the Parking Violations Bureau established by the City Council of the City of Euclid pursuant to Section 309.02 of this Code.
(e) "Vehicles" has the same meaning as Ohio R.C. 4511.01.
(Ord. 111-2016. Passed 10-3-16.)
(a) The City of Euclid Parking Violations Bureau is hereby established pursuant to Ohio R.C. 4521.04. The Parking Violations Bureau shall be a part of the Division of Public Safety. The Parking Violations Bureau has jurisdiction over each parking infraction that occurs within the territory of the City of Euclid. Notwithstanding any other provision of law to the contrary, each parking infraction that occurs within the jurisdiction of the Parking Violations Bureau shall be handled pursuant to and governed by the provisions of this chapter. The commission of a parking infraction, as defined in Chapter 351 of this Code, within the City shall not be considered a criminal offense for any purpose, and a person who commits the parking infraction shall not be arrested as a result of the commission of the infraction.
(b) The Director of Public Safety shall serve as the Violations Clerk of the Parking Violations Bureau, and shall have the authority to appoint the hearing examiner and any necessary clerical personnel. No person shall be employed as a hearing examiner unless the person meets the requirements established by the Ohio Revised Code for hearing examiners.
(c) The fines, penalties, fees and costs established for a parking infraction shall be collected, retained and disbursed by the violations clerk if the parking infraction out of which the fines, penalties, fees and costs arose occurred within the jurisdiction of the Parking Violations Bureau. The violations clerk shall provide tickets for parking infractions to the law enforcement officer and shall also provide tickets for parking infractions upon requisition of the Division of Police. Any person requisitioning tickets shall account to the violations clerk for all tickets requisitioned at such times as the violations clerk shall request. The fines, penalties, fees and costs collected by the violations clerk for a parking infraction shall be disbursed by the violations clerk to the City.
(d) The Director of Public Safety shall have the authority to contract with any governmental or non-governmental entity to provide services in processing, collecting and enforcing parking tickets issued by law enforcement officers or civilian employees and civil judgments and default civil judgments entered pursuant to this chapter.
(Ord. 111-2016. Passed 10-3-16.)
(a) The parking ticket shall be used by law enforcement officers or civilian employees in all cases in which a person is charged with committing a parking infraction within the City. The parking ticket shall be the summons and complaint for purposes of this chapter.
(b) (1) A law enforcement officer or civilian employee who issues a parking ticket for a parking infraction shall complete the ticket by identifying the parking infraction charged, recoding the license plate number, type and make or model of the vehicle, and indicating the date, time and place of the parking infraction charged. The law enforcement officer or civilian employee shall sign the ticket and affirm the facts it contains and file a copy with the violations clerk. If the operator of the vehicle is present, the law enforcement officer or civilian employee also shall record on the ticket the name of the operator in a space provided on the ticket for identification of the offender, and then shall personally serve the parking ticket upon the operator. If the operator of the vehicle is not present, the law enforcement officer or civilian employee shall insert the word "owner" in the space provided on the ticket for identification of the offender, and then shall constructively serve the parking ticket upon the owner of the vehicle by affixing the ticket to the vehicle in a conspicuous place.
(2) Constructive service of a parking ticket upon an owner of a vehicle by affixation as provided in this subsection, or by the procedure described in subsection (d) of this section, has the same force and effect, and potentially subjects both the owner and the operator of the vehicle whose act or omission resulted in the parking infraction, if different, to the same fines, penalties, fees and costs for failure to timely answer or to appear, if a hearing is requesting, as if the parking ticket were personally served on both the owner and operator of the vehicle at the time of the violation.
(c) The original of a parking ticket issued pursuant to this section or any true copy of it shall be considered a record kept in the ordinary course of business of the City and the law enforcement agency whose officer issued it, and shall be prima-facie evidence of the facts it contains.
(d) An operator of a vehicle who is not the owner of the vehicle, but who operates it with the express or implied permission of the owner is the agent of the owner for purpose of the receipt of parking tickets served in accordance with this section, and personal service of a parking ticket upon the operator in accordance with this section constitutes constructive service upon the owner for purposes of this chapter. The operator of a rented or leased vehicle whose act or omission resulted in an alleged parking infraction shall not be considered an agent of the owner if the owner is engaged in the business of renting or leasing vehicles pursuant to a written rental or lease agreement and if the owner follows the procedures set forth in Section 309.08 of this Code.
(e) Except as provided in Section 309.08 of this Code, when a parking ticket is issued for a parking infraction and is served pursuant to this section, the operator of the vehicle whose act or omission resulted in the parking infraction for which the ticket was issued and the owner of the vehicle involved in the parking infraction, if different, are jointly liable for the parking infraction and any fines, penalties, fees and costs arising out of the parking infraction. Any owner of the vehicle who pays any fines, penalties, fees and costs imposed for a parking infraction pursuant to this chapter may recover the amount paid from the operator of the vehicle whose action or omission resulted in the parking infraction.
(Ord. 111-2016. Passed 10-3-16.)
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