(a) When a person or entity named in a Ticket for a civil violation elects to contest a Ticket, the person or entity shall request a hearing in the Lyndhurst Municipal Court by completing and filing the form provided under Section 318.04 above, within the time frame required.
(b) The Lyndhurst Municipal Court shall set the matter for a hearing not sooner than twenty-one (21) days, but not later than forty-five (45), after the filing of the request for hearing. The Prosecuting Attorney shall prosecute the case to a conclusion. The Court may extend the time period in which a hearing must be conducted upon its own motion, or either a request for additional time or waiver of time limits by the person or entity who requested the hearing. Notice of the hearing shall be provided by the Lyndhurst Municipal Court. The Lyndhurst Municipal Court shall determine whether a preponderance of the evidence establishes that a Traffic Law Violation alleged in the Ticket did in fact occur and that the person or entity requesting the hearing is the person who was operating the vehicle at the time of the Traffic Law Violation.
(c) If as a result of the adjudication of a Ticket by the Lyndhurst Municipal Court, the Village or its designee becomes aware that the person or entity named in the Ticket was not the person who was operating the vehicle at the time of the violation and the Village or its designee is privy to or receives evidence identifying a Designated Party, upon receipt of the evidence of the identity of the Designated Party, the Village or its designee may issue a Ticket to the Designated Party. The Village shall ensure that a Ticket issued under this section conforms to Section 318.04. The Village or its designee shall send the Ticket by ordinary mail not later than twenty-one (21) days after receipt of the evidence of the identity of the Designated Party.
(d) If a Designated Party, who is issued a Ticket as a result of subsection (c) above, contests the Ticket by filing a written request for a hearing and does so not later than thirty (30) days after the mailing date of the Ticket, the Village shall require the Registered Owner of the motor vehicle to also attend the hearing. If at the hearing involving the Designated Party the Lyndhurst Municipal Court cannot determine the identity of the operator of the vehicle at the time of the violation, the Registered Owner shall be liable for the violation. The Lyndhurst Municipal Court shall then issue a written decision imposing liability for the violation on the Registered Owner and submit it to the Village or its designee and to the Registered Owner. If the Designated Party, also is a Registered Owner of the vehicle, liability for the violation shall follow the order of Registered Owners as listed on the title
to the vehicle.
(e) A person or entity found liable for a Ticket may appeal the decision rendered by the Lyndhurst Municipal Court in accordance with Ohio law.
(f) No decision rendered under this Section, and no admission of liability under this Chapter is admissible as evidence in any other judicial proceeding in this state, except as is provided in Section 318.08 herein. (Ord. 2021-36. Passed 1-11-22.)