(a) Any vehicle that has one or more unpaid parking tickets for disability parking (also known as handicapped parking), or two or more unpaid parking tickets for regular parking violations in accordance with this chapter, or the State equivalent of this chapter, may be towed and held in impound until the vehicle owner presents a valid certificate of title or vehicle registration to any police employee that is authorized by the Chief of Police or his/her designee to release an impounded vehicle. All fines, fees, penalties, and costs due on the parking infractions issued or outstanding, or due on the judgments which led to the impoundment or immobilization, must be paid in full prior to the vehicle's release from impoundment or immobilization. In the alternative, a bond equal to the amount of the fines, fees, penalties, costs and judgments may be posted using a surety authorized to do business in the State of Ohio. In no case shall the owner of a vehicle impounded or immobilized be required to post a bond in excess of one thousand dollars ($1,000) to obtain release of the vehicle.
(b) The owner of any vehicle impounded or immobilized is liable for all impoundment fees and storage charges, in addition to any fees, fines or charges paid to the City of Mayfield Heights.
(c) If the operator of the illegally parked vehicle is present at the time of a parking violation, the officer shall identify the operator and record on the parking ticket the name of the operator, and then shall personally serve the parking ticket upon the operator. If the operator of the vehicle is not present, the officer shall insert the word "owner" in the space provided on the ticket for identification of the offender, and constructively serve the parking ticket upon the owner of the vehicle by affixing the ticket to the vehicle in a conspicuous place. Constructive service of a parking ticket upon an owner of a vehicle by affixation as provided in this section has the same force and effect, and subjects both the owner and the operator of the vehicle whose act or omission resulted in the parking infraction, if different, to the same fine and the same penalties, fees and costs, jointly and severally, for failure to timely answer or to appear in court, as if the parking ticket were personally served on both the owner and operator of the vehicle at the time of the violation. 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 purposes 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.
(Ord. 2016-38. Passed 11-28-16.)