(a) Definitions.
(1) "Parking infraction" means a violation of Chapter 151.
(2) "Vehicle" has the same meaning as in Section 301.53 of the Codified Ordinances of the City of Mayfield Heights.
(3) "Court" or "Municipal court" means the Lyndhurst Municipal Court.
(4) "Bureau" means the City of Mayfield Heights Parking Violations Bureau.
(5) "Local authority" means every county, municipal corporation, township, or other local board or body having authority to adopt police regulations pursuant to the constitution and laws of this State.
(6) "Disability parking space" means a motor vehicle parking location that is reserved for the exclusive standing or parking of a vehicle that is operated by or on behalf of a person with a disability that limits or impairs the ability to walk and displays a placard or license plates issued under Ohio R.C. 4503.44.
(7) "Person with a disability that limits or impairs the ability to walk" has the same meaning as in Ohio R.C. 4503.44.
(b) Impoundment and Immobilization.
(1) A parking infraction shall not be considered a criminal offense for any purpose.
(2) A vehicle involved in two or more parking infractions in which judgments or default judgments have been filed with the Clerk of the Municipal Court pursuant to division (g)(3) of this section is subject to impoundment or immobilization by law enforcement officers of the City, if the vehicle is found to be parked in violation of this section.
(3) The owner of any vehicle impounded is liable for impoundment fees and storage charges as provided by division (f) of this section.
(4) A vehicle impounded or immobilized under division (b)(2) or (b)(5) of this section shall be released to the owner upon the owner presenting a valid certificate of title to the vehicle to the Violations Clerk of the Parking Violations Bureau and either paying the fines, penalties, fees and costs due on the parking infractions issued or outstanding or payment of the judgments or default judgments which led to the impoundment or immobilization, or posting a bond equal to the amount of the fines, penalties, fees and costs. 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. If a bond is posted, the Violations Clerk of the Parking Violations Bureau shall assign a hearing date to the owner of the vehicle.
(5) Notwithstanding divisions (b)(2) and (b)(4) of this section, a vehicle parked, stopped, or standing on a public street or highway in commission of a parking infraction is subject to impoundment if the law enforcement officer issuing the parking infraction determines that the vehicle is substantially impeding, or hindering the movement of other traffic.
(c) Parking Ticket, Service and Liability.
(1) The parking ticket adopted in division (i) of this section shall be used by law enforcement officers in all cases in which a person is charged with committing a parking infraction within the City. The parking ticket shall be the summons and complaint.
(2) A. A law enforcement officer who issues a parking ticket for a parking infraction shall complete the ticket by identifying the infraction charged, recording the license plate number, type, and make or model of the vehicle, and indicating the date, time, and place of the infraction. The officer shall sign the ticket or place their badge number in place of their signature and affirm the facts it contains and file a copy with the Violations Clerk. If the operator of the vehicle is present, the officer shall record on the ticket the name of the operator on the ticket, 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.
B. Constructive service of a parking ticket upon an owner of a vehicle by affixation as provided in this division, or by the procedure described in division (c)(4) of this section has the same force and effect, and potentially 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 for failure to timely answer or to appear, if a hearing is requested, as if the parking ticket were personally served on both the owner and operator of the vehicle at the time of the violation.
(3) The original of a parking ticket issued pursuant to this section or any true copy of it shall be considered a record kept in the ordinary course of business of the City and of the law enforcement agency whose officer issued it, and shall be prima facie evidence of the facts it contains.
(4) 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. The operator of a rented or leased vehicle whose act or omission resulted in an alleged parking infraction is not considered an agent of the owner if the owner is engaged in the business of renting and leasing vehicles pursuant to a written rental or lease agreement and if the owner follows the procedures set forth in division (g) of this section.
(5) Except as provided in division (g) of this section, when a parking ticket is issued for a parking infraction and is served pursuant to this section, the operator of the vehicle whose act or omission resulted in the parking infraction for which the ticket was issued and the owner of the vehicle involved in the parking infraction, if different, are jointly liable for the parking infraction and any fine, penalty, fees, and costs arising out of the parking infraction. Any owner of a vehicle who pays any fine, penalty, fee, and cost imposed for a parking infraction may recover the amount paid from the operator of the vehicle whose act or omission resulted in the infraction.
(6) No person upon whom a parking ticket charging a parking infraction is personally or constructively served shall be arrested as a result of the commission of the parking infraction.
(d) Parking Violations Bureau.
(1) The City Parking Violations Bureau is hereby established pursuant to Ohio R.C. 4521.04. The Parking Violations Bureau shall be a Division within the office of the Chief of Police. The Parking Violations Bureau has jurisdiction over each parking infraction that occurs within the territory of the City.
(2) The operating costs of the Parking Violations Bureau shall be paid by the City. The Mayor or his/her designee shall appoint hearing examiner(s). The Police Chief shall appoint a Violations Clerk and necessary clerical employees. 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.
(3) The fine, penalties, fees, and costs established for a parking infraction shall be collected, retained, and disbursed by the Violations Clerk if the parking infraction out of which the fine, penalties, fees, and costs arose occurred within the jurisdiction of the Bureau. The Violations Clerk shall issue blank tickets for parking infractions to law enforcement officers for the City, and prescribe conditions for issuance and accountability. The fine, penalties, fees, and costs collected by a Violations Clerk for a parking infraction shall be disbursed by the Clerk to the City.
(4) The City has authority to contract with any governmental or non-governmental entity to provide services in processing, collecting, and enforcing parking tickets issued by law enforcement officers and civil judgments and default civil judgments entered pursuant to this section. No contract shall affect the responsibilities of hearing examiners, or the ultimate responsibility of the Violations Clerk to collect, retain, and disburse fines, penalties, fees, and costs for parking infractions and money paid in satisfaction of judgments and default judgments entered pursuant to this section. All contracts entered into by the Violations Clerk shall be subject to approval of the Mayor or his/her designee.
(e) Answers, Procedure.
(1) A person who is personally or constructively served with a parking ticket charging a parking infraction may answer the charge by appearing personally before the Parking Violations Bureau or by mail, within ten days from the date of the infraction. The answer shall be in one of the following forms:
A. An admission that the person committed the infraction, by payment of any fine arising out of the parking infraction;
B. An admission that the person committed the infraction, with an explanation of the circumstances surrounding the infraction;
C. A denial that the person committed the infraction and a request for a hearing. If the person desires the presence, at the hearing, of the law enforcement officer who issued the parking ticket, the person must request his presence in his answer.
(2) A. A person who admits that he committed a parking infraction shall, and a person who admits that he committed a parking infraction with explanation may, when he makes his answer, pay the fine arising out of the infraction admitted to the Violations Clerk of the Bureau.
B. 1. A person who admits that he committed a parking infraction with explanation shall submit evidence to the Bureau that explains the circumstances surrounding the parking infraction. The evidence may be submitted in person or, to avoid the necessity of personal appearance, may be sent as affidavits and other documentary evidence by mail. The Bureau, when it receives an answer admitting that a person committed a parking infraction with explanation, shall promptly determine whether the explanation mitigates the fact that the person committed the parking infraction and notify the person, in writing, of its determination.
2. If the Bureau determines that the explanation mitigates the fact that the person committed the parking infraction, the Bureau shall eliminate or reduce the amount of the fine arising out of the parking infraction. If the fine is eliminated or reduced and the person has previously paid the fine, the amount paid in excess of the revised fine shall be returned to the person; if the fine is eliminated or reduced and the person has not previously paid the fine, the person shall pay only the amount of the revised fine. If the Bureau determines that the explanation does not mitigate the fact that the person committed the infraction, the person owes the entire amount of the fine arising out of the parking infraction, and if the person has not previously paid the fine, the person shall pay the entire amount of the fine. If a person admits that he committed a parking infraction with explanation and the person fails to pay the amount of the fine due within ten days after receiving notice of the Bureau's determination, unless the amount due has previously been paid, the Bureau's determination and the amount of the fine due shall be considered a judgment and shall be treated as if it were a judgment rendered subsequent to a hearing held pursuant to division (g)(2) of this section.
C. A person who denies that he committed a parking infraction 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 in accordance with division (g) of this section.
(3) If a person who is personally or constructively served with a parking ticket charging the commission of a parking infraction fails to timely answer the charge, as provided in division (e)(1) of this section, the Parking Violations Bureau shall issue the proper notifications of infraction pursuant to division (f) of this section, and proceed according to that division.
(4) The issuance of a parking ticket, the filing of or failure to file an answer by a person personally or constructively served with the ticket, the substance of an answer, the payment of any fine, penalty, fee, and cost, and any other relevant information shall be entered in the records of the Bureau.
(f) Failure to Answer.
(1) When a person is personally or constructively served with a parking ticket, charging the commission of a parking infraction, and fails to answer the charge within the time specified in division (e) of this section, the Parking Violations Bureau shall send notification of infraction as follows:
A. If the person who fails to answer was the operator of the vehicle involved in the parking infraction at the time of the commission of the parking infraction and was personally served with the parking ticket, a notification of infraction shall be sent to that person, and additionally, if such person is not the owner of the vehicle, as determined from the records of the Bureau of Motor Vehicles, a notification of infraction also shall be sent to the owner at his most recent address appearing in such records;
B. If the person who fails to answer was the owner of the vehicle and was constructively served with the parking ticket, a notification of infraction shall be sent to the owner at his most recent address appearing in the records of the Bureau of Motor Vehicles.
(2) A notification of infraction shall be sent within twelve months after the expiration of the time specified in division (e) of this section for the making of an answer, shall be sent by first class mail, and shall contain all of the following:
A. An identification of the parking infraction with which the person was charged and the time and date of the infraction, which identification may be a copy of the parking ticket;
B. The amount of the fine, penalties, fees, and costs due;
C. A warning that the person must answer the parking infraction charged in the ticket within thirty days or a default civil judgment in the amount of the fine, penalties, fees, and costs due may be entered against the person;
D. A description of the allowable answers that may be made and notification that the person will be afforded a hearing before the Bureau if he denies in his answer that he committed the parking infraction;
E. An identification of the manner in which and the entity to which an answer may be made;
F. A warning that if the person fails to appear at a requested hearing, a default civil judgment in the amount of the fine, penalties, fees, and costs due may be entered against the person.
(3) A person who receives a notification of infraction pursuant to this division (f) may answer in any of the ways provided in division (e)(1) of this section for answers to parking infractions charged in a parking ticket. An answer under this section shall be made within thirty days after the date on which the notification of infraction was mailed, and shall be in one of the forms specified in divisions (e)(1)A., B. and C. of this section for answers to parking infractions charged in a parking ticket, except that if the answer includes payment of the fine arising out of the parking infraction any penalty, fee, or cost arising out of such infraction also shall be paid. The answer shall be governed by division (e)(2) of this section for answers relative to parking infractions charged in a parking ticket, except that any determination of the amount to be paid under an answer admitting the commission of the parking infraction with explanation also shall consider any penalty, fee, or cost arising out of such infraction.
(4) If a person who is issued a notification of infraction fails to timely answer, as provided in division (f)(3) of this section, the failure to answer shall be considered an admission that the person committed the parking infraction, and a default civil judgment in the amount of the fine, penalties, and costs due may be entered against the person.
(5) The sending of a notification of infraction, the filing of or failure to file an answer by the person to whom it is sent, the substance of an answer, the payment of any fine, penalty, fee, and cost and any other relevant information shall be entered in the records of the Bureau.
(g) Hearing Procedure. Information in proper form is prima facie evidence that the registered owner of the vehicle was the person who committed the infraction.
(1) A. If a person who is personally or constructively served with a parking ticket charging the commission of a parking infraction or who receives a notification of infraction, in his answer to the charge denies that he committed the infraction, the Parking Violations Bureau shall conduct a hearing to determine if the person committed the infraction. Each hearing shall be conducted by a hearing examiner of the Parking Violations Bureau, in such manner as the hearing examiner considers appropriate. Rules regarding the admissibility of evidence shall not be strictly applied in the hearing, but all testimony shall be under oath.
B. At the hearing, the City has the burden of proving, by a preponderance of the evidence, that the person committed the parking infraction. If the person, in his answer, denied that he committed the infraction and requested the presence at the hearing of the law enforcement officer who issued the parking ticket, the officer shall be required to attend the hearing unless the hearing examiner determines that the officer's presence is not required. If the officer's presence at the hearing has been requested and the officer is unable to attend the hearing on the day and at the time scheduled, the hearing examiner may grant a reasonable continuance. The person for whom the hearing is being conducted may present any relevant evidence and testimony at the hearing. The person does not have to attend the hearing if he submits documentary evidence to the hearing examiner prior to the day of the hearing.
C. The City shall submit the original parking ticket that was personally or constructively served on the person or a true copy of that ticket, and information from the Bureau of Motor Vehicles that identifies the owner of the vehicle. The ticket and the parking infraction. The City may present additional evidence and testimony at the hearing. The City does not have to be represented at the hearing by an attorney.
(2) A. If a person for whom a hearing is to be conducted appears at the scheduled hearing, the hearing examiner shall consider all evidence and testimony presented and shall determine whether the City has established, by a preponderance of the evidence, that the person committed the parking infraction. If the hearing examiner determines that the person committed the infraction, an order indicating the determination as a judgment against the person and requiring the person to pay the appropriate fine and any additional penalties, fees and costs shall be entered in the records of the Parking Violations Bureau.
B. If a person for whom a hearing is to be conducted fails to appear at the scheduled hearing and fails to submit evidence in accordance with that division, the hearing examiner shall, if he determines from any evidence and testimony presented, by a preponderance of the evidence, that the person committed the parking infraction, enter a default judgment against the person and require the person to pay the appropriate fine and any additional penalties, fees, and costs. A default judgment entered under this division shall be entered in the records of the Parking Violations Bureau.
C. If a person who is sent a notification of infraction does not timely answer, the hearing examiner of the Parking Violations Bureau shall, if he determines from any evidence and testimony presented to him, by a preponderance of the evidence, that the person committed the parking infraction, enter a default judgment against the person and require the person to pay the appropriate fine and any additional penalties, fees, and costs. A default judgment entered under this division shall be entered in the records of the Parking Violations Bureau.
D. If the hearing examiner does not determine, by a preponderance of the evidence, that a person in any of the classes described in division (g)(2)A., B., or C. of this section committed the parking infraction, the hearing examiner shall enter judgment against the City, shall dismiss the charge against the person, and enter the judgment and dismissal in the records of the Parking Violations Bureau.
E. A default judgment entered under this division may be vacated by the hearing examiner who entered it if all of the following apply:
1. The person against whom the default judgment was entered files a motion with the Parking Violations Bureau within one year of the date of entry of the judgment;
2. The motion sets forth a sufficient defense to the parking infraction out of which the judgment arose; and
3. The motion sets forth excusable neglect as to the person's failure to attend the hearing or answer the notification of infraction.
(3) A. Payment of any judgment or default judgment entered against a person pursuant to this division shall be made to the Violations Clerk of the Parking Violations Bureau in which the judgment was entered within ten days of the date of entry. All money paid in satisfaction of a judgment or default judgment shall be disbursed by the Clerk to the City, and the Clerk shall enter the fact of payment and its disbursement in the records of the Bureau. If payment is not made within this period, the judgment or default judgment shall be filed with the Clerk of the Lyndhurst Municipal Court, and when so filed, shall have the same force and effect as a money judgment in a civil action rendered in that court.
B. As required by Ohio R.C. 4521.08(C), judgments and default judgments filed with the Lyndhurst Municipal Court pursuant to this division shall be maintained in a separate index and judgment roll from other judgments rendered in that court. Computer printouts, microfilm, microdot, microfiche, or other similar data recording techniques may be utilized to record such judgments. When a judgment or default judgment is filed with the court, execution may be levied, and such other measures may be taken for its collection as are authorized for the collection of an unpaid money judgment in a civil action rendered in that Court. The court may assess costs against the judgment debtor, in an amount not exceeding seventy-nine dollars ($79.00) for each parking infraction, to be paid upon satisfaction of the judgment.
(4) A. Any person against whom a judgment or default judgment is entered pursuant to this division, and the City, if a judgment is entered against the City pursuant to this division, may appeal the judgment to the Lyndhurst Municipal Court by filing notices of appeal with the Parking Violations Bureau and the Municipal Court within fifteen days of the date of entry of the judgment and by the payment of such reasonable costs as the Court requires. Upon the filing of an appeal, the Court shall schedule a hearing date and notify the parties of the date, time, and place of the hearing. The hearing shall be held by the Court in accordance with the rules of the Court. Service of notice of appeal under this division by a person does not stay enforcement and collection of the judgment or default judgment from which appeal is taken by the person unless the person who files the appeal posts bond with the Parking Violations Bureau in the amount of the judgment, plus court costs, at or before service of the notice of appeal.
B. The judgment on appeal to the Municipal Court is final, and no other appeal of the judgment of the Parking Violations Bureau and no appeal of the judgment of the Municipal Court may be taken.
(5) A default judgment entered pursuant to this section may be filed with the Municipal Court under division (g)(3) of this section at any time within three years after the date of issuance of the parking ticket charging the parking infraction out of which the judgment arose. This division applies to any ticket issued for an offense that would be a parking infraction on or after the effective date of this section if the ticket was issued within three years prior to the effective date of this section.
(h) Non-liability of Owner.
(1) 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 fine, penalty, fee, or cost arising out of the parking infraction if any of the following apply:
A. The owner answers the charge of the parking infraction under divisions (e) or (f) of this section, the answer denies that he committed 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 Bureau does not so determine, it shall conduct the hearing concerning the infraction according to division (g) of this section.
B. The owner answers the charge of the parking infraction under divisions (e) or (f) of this section, the answer denies that he committed the parking infraction, the owner additionally submits evidence at that time that proves that, at the time of the alleged commission of the infraction, the owner was either engaged in the licensed taxicab business or otherwise engaged in the business of renting or leasing vehicles underwritten rental or lease agreements, and the owner additionally submits evidence that proves that, 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 otherwise 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 division (g) of this section.
C. The owner, at a hearing concerning the parking infraction conducted in accordance with division (g) of this section, 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 (g)(1)B. of this section.
(2) A. 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 underwritten rental or lease agreements, but who does not satisfy the additional requirement of division (g)(1)B., 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 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 committed 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 the notification of infraction.
B. 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 (g)(1)B. of this section may be provided on magnetic tape or another computer-readable media in a format acceptable to the City.
(i) Parking Ticket Adopted. The following parking ticket is adopted to be used by law enforcement officers in all cases in which a person is charged with a parking infraction within the City:
(Front)
THE UNDERSIGNED, BEING DULY SWORN, UPON HIS OATH DEPOSES AND SAYS THAT:
License Plate No. State: Type: Location:
Vehicle Make: Model: Style: Year:
Color:
Date/Time of Infraction - Month: Day: Year: Time: HRS.
Vehicle Parking Infraction No. Violation Description:
Name : (If no one is present the word "Owner" should be place in this section)
Address :
Remarks:
Officer's Signature OR Badge Number :
FAILURE TO PAY THE WAIVER FINE IN THE AMOUNT SET ON THE REVERSE SIDE OF THIS PARKING TICKET WITHIN 7 DAYS OF ISSUANCE WILL RESULT IN ADDITIONAL PENALTIES AND VEHICLE SANCTIONS INCLUDING BUT NOT LIMITED TO, INCREASED FINES, A BMV REGISTRATION BLOCK, AND BEING TURNED OVER TO THE OHIO ATTORNEY GENERALS OFFICE'S COLLECTION ENFORCEMENT SECTION. IF YOU WISH TO CONTEST THE ABOVE DESCRIBED VIOLATION SEE ADDITIONAL DETAILS ON THE REVERSE SIDE OF THIS TICKET. (Back)
The owner-operator of the vehicle designated has been charged with a parking infraction. You must, within 7 days, answer this infraction by admitting the parking infraction, admitting the parking infraction with an explanation of the circumstances, or denying the parking infraction and requesting a hearing. If requesting a hearing to contest the ticket, the request must be made within 7 days of the original violation.
Answers may be made in person, by mail or phone to the violations clerk, Parking Violations Bureau, located at the Mayfield Heights Police Department
[address] 6154 Mayfield Road, Mayfield Heights. Ohio 44124 Phone: (440)442-2323
Failure to answer within 7 days or to appear at a requested hearing will be considered an admission of this parking infraction, and may result in a default judgment against you and impoundment or immobilization of the designated vehicle, and penalties prescribed by ordinance. Any money collected pursuant to a parking ticket that does not contain all of the above legal requirements shall be refunded to the person owning the vehicle.
(j) Parking Infraction Fines. The following fines for parking infractions are hereby established: Whoever receives a citation for violation of any of the provisions of this chapter except Section 151.03(s) may pay a waiver in accordance with the provisions of division (a) of this section in the following amounts:
(1) Paid within seven consecutive calendar days: twenty-five dollars ($25.00);
(2) Paid after seven consecutive calendar days: fifty dollars ($50.00); and
(3) Third offense (or more) within any 12-month period: one hundred dollars ($100.00).
(k) Whoever receives a citation for violation of Section 151.03(s) may pay a waiver in accordance with the provisions of division (a) of this section in the following amounts:
(1) Paid within seven consecutive calendar days: two hundred fifty dollars ($250.00);
(2) Paid after seven consecutive calendar days: three hundred dollars ($300.00); and
(3) Third offense (or more) within any 12-month period: three hundred fifty dollars ($350.00).
(Ord. 2016-38. Passed 11-28-16.)