(a) An owner of a vehicle is not jointly liable with an operator of such vehicle whose act or omission resulted in a parking infraction or any fine, penalty, fee or cost arising out of the parking infraction under this chapter if he or she can prove to the Madison County Municipal Court by a preponderance of the evidence that:
(1) The vehicle at the time of the commission of the parking infraction was used by the operator without the owner's express or implied consent.
(2) The owner was either engaged in the licensed taxicab business or otherwise engaged in the business of renting or leasing vehicles under written rental or lease agreements, and 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, either pursuant to an employment relationship, if the owner was engaged in the licensed taxicab business, or pursuant to a written rental or lease agreement.
(b) An owner of a vehicle who is either engaged in the licensed taxicab business or otherwise engaged in the business of renting or leasing vehicles under written rental or lease agreements, but who does not satisfy the additional requirement of paragraph (a)(2) hereof, 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, either pursuant to an employment relationship, if the owner was engaged in the licensed taxicab business, or otherwise pursuant to a written rental or lease agreement, and if the owner answers the charge of the parking infraction by denying that he or she committed the parking infraction or by paying the fine arising out of the parking infraction within thirty days of the 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 the notification of infraction. (Ord. 193-88. Passed 11-17-88.)