There is hereby created in the City, in accordance with Ohio R.C. Chapter 4521, a Parking Violations Bureau to handle all parking infractions occurring within the Municipal Corporation, including parking infractions that are in violation of ordinances, resolutions or other local authorities that occur within the City.
(a) The City shall, when the same becomes necessary, appoint a violations clerk, hearing examiners and clerical employees as is necessary to provide for the proper functions of the Parking Violations Bureau. No person shall be employed as a hearing examiner unless the person is an attorney admitted to the practice of law in this state or formerly was employed as a law enforcement officer.
(b) Parking tickets shall be as authorized in accordance with Ohio R.C. 4521.03 and, unless otherwise specified by law or the Parking Violations Bureau, the ticket shall be the Ohio Uniform Traffic Ticket, as described in Ohio R.C. 4521.03 (B).
(c) Violations of this chapter shall not be considered a criminal offense for any purpose and no person who commits a violation thereof shall be arrested as a result of the commission of the violation. Violations thereof shall be handled in accordance with this chapter and Ohio R.C. Chapter 4521.
(d) The time within which a person who is issued a parking ticket must answer to the charge on the ticket is five days. The answer shall be made by personal appearance before the Parking Violations Bureau or by mail. If by mail, the time for answering shall be extended in accordance with the Rules of Civil Procedure. No answer may be received by telephone. The answer shall consist of:
(1) An admission that the person committed the parking infraction, by payment of any fine arising out of the parking infraction;
(2) An admission that the person committed the parking infraction, with an explanation of the circumstances surrounding the parking infraction;
(3) A denial through use of the Parking Citation Appeal Form, from the person who allegedly committed the parking infraction. If the appeal is rejected, a request for a hearing relative to the infraction will be granted. If the person desires the presence of the law enforcement officer who issued the parking ticket at the hearing, the person must request his presence in his hearing request.
(e) The Chief of Police of the City may provide for the impoundment or the immobilization of any vehicle involved with violations of this chapter after the expiration of ten days from the date of any entry establishing judgment or default judgment. Such impoundment or immobilization shall occur through the auspices of the authorized city towing company. The Chief of Police shall establish the bond or cash deposit to secure the release of such impounded vehicle; provided, however, that the deposit shall not exceed one thousand dollars ($1,000.00).
(f) The Parking Violations Bureau, in the event it receives an answer which contains an explanation of the circumstances surrounding the parking infraction, may eliminate or reduce such part of the fine arising out of the parking infraction as it, in its discretion, deems appropriate.
(g) A person who denies that he committed a parking infraction may appeal the infraction through use of the Parking Citation Appeal Form. If rejected, the person shall be granted a hearing concerning the infraction. The Bureau shall set a date for the hearing and notify the person, in writing, of the date, time and place of the hearing. The hearing shall be conducted by a hearing examiner of the Parking Violations Bureau, or another hearing examiner, whichever is applicable, in accordance with Ohio R.C. 4521.08.
(h) Failure to answer shall be punishable as an additional parking infraction and shall be subject to a fine in an amount not to exceed one hundred dollars ($100.00), plus costs and other administrative costs, per infraction.
(i) All appeals from a hearing with the Parking Violations Bureau, its orders or judgments, or other orders entered pursuant to this chapter, shall be made to the Municipal Court of Cuyahoga Falls, Ohio, by filing notice of appeal of the Parking Violations Bureau and the Municipal Court within fifteen days of the date of the entry of the judgment and by the paying of such reasonable costs as the court requires. All appeals shall be processed in accordance with procedural and substantive provisions of Ohio R.C. 4521.08(D).
(Ord. 06-152. Passed 12-20-06.)