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452.21   NONLIABILITY OF OWNER.
   (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 fines, penalties, fees, or costs arising out of the parking infraction under this chapter if any of the following apply:
      (1)   The owner answers the charge of the parking infraction under this Code, and denies committing 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 this Code.
      (2)   The owner answers the charge of the parking infraction under this Code, the owner denies committing the parking infraction, the owner additionally submits evidence proving 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 proving, 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 this Code.
      (3)   The owner, at a hearing concerning the parking infraction conducted in accordance with this Code, 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 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 committing the parking infraction or by paying the fine arising out of the parking infraction within thirty days after actual receipt of the parking ticket charging the infraction or, if the owner did not receive the parking ticket within thirty days after receipt of notification of infraction.
      (1)   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 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 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. In addition, any information required by division (a)(2) of this section may be provided electronically or on computer readable media, in a format acceptable to the City or the Parking Violations Bureau.
(Ord. 2020-039. Passed 8-10-20.)
452.22   NOTIFICATION TO REGISTRAR OF MOTOR VEHICLES.
   (a)   If three or more parking infraction judgments or default judgments have been entered against a person and the person has not paid the judgments or default judgments within ten days of the date of entry of the third judgment, the Parking Violations Bureau shall give notice of that fact to the Registrar of Motor Vehicles. The notice shall be given not earlier than sixteen days nor later than three 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. All fees collected under this division shall be transmitted monthly to the Registrar for deposit in the State Highway Safety Fund established by R.C. § 4501.06.
   (c)   The Parking Violations Bureau shall send a further notice within thirteen months after the date the initial notice was sent, that the judgment or default judgments are still outstanding.
(Ord. 2020-039. Passed 8-10-20.)
452.23   UNAUTHORIZED USE OF PARKING PLACES RESERVED FOR ELECTRIC VEHICLES.
   (a)   For the purposes of this section:
      (1)   "Electric vehicle" means a battery-powered electric vehicle operated solely by electricity or a plug-in hybrid electric vehicle that operates on electricity and gasoline and has a battery that can be recharged from an external source.
      (2)   "Electric vehicle charging station" means a public or private parking space that is served by equipment that is used to charge a battery or other energy storage device of an electric vehicle. This included any such space on any private or public off-street parking facility.
   (b)   It shall be prohibited at any time to park a non-electric vehicle in an electric vehicle charging station designated for use by electric vehicles.
   (c)   It is a violation of this section for any vehicle to be parked in an electric vehicle charging station space if the vehicle is not in the process of charging.
   (d)   Any vehicle that is parked in violation of this section may be towed or otherwise removed from the parking location by the Police Division or their designated agent.
   (e)   Each electric vehicle charging station shall be identified through the posting of an elevated sign, either permanently fixed or movable, that indicates that the space is reserved for charging electric vehicles only. The distance from the ground to the top edge of the sign shall measure five feet. There also shall be affixed upon the surface of such sign or affixed next to the sign a notice that states the minimum fine applicable for the offense of parking a motor vehicle in such space if the motor vehicle is not legally entitled to be parked in that location. Each sign shall comply with the requirements of the current "Manual of Uniform Traffic Control Devices" issued by the Ohio Department of Transportation.
   (f)   It shall not be a defense to a charge under this section that the sign or notice posted at the electric vehicle charging station or the designated parking space does not comply with all applicable rules, regulations, or ordinances, if a reasonable person would be made aware by the sign or notice on or near the parking space that the space is reserved for the charging of electric vehicles.
   (g)   Penalty. If a person commits a parking infraction in violation of this section, the fine shall be not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00), but in no case shall an offender be sentenced to any term of imprisonment.
(Ord. 2020-039. Passed 8-10-20.)
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