317.05 RIGHTS OF THOSE TICKETED.
(a) A person or entity who receives a Ticket for a Traffic Law Violation sent in compliance with Section 317.04 shall elect to do one of the following within thirty (30) days of the mailing date of the Ticket:
(1) In accordance with instructions on the Ticket, pay the civil penalty, thereby failing to contest liability and waiving the opportunity to contest the violation; or
(3) The Registered Owner may provide the Village Police Department with one of the following affidavits or requisite notification:
A. An affidavit executed by the Registered Owner stating that another person was operating the vehicle of the Registered Owner at the time of the violation, identifying that person as a Designated Party who shall be held liable for the violation, and containing at a minimum the name and address of the Designated Party; or
B. An affidavit executed by the Registered Owner stating that at the time of the violation, the motor vehicle or the license plates issued to the motor vehicle were stolen and therefore were in the care, custody, or control of some person or entity to whom the Registered Owner did not grant permission to use the motor vehicle. In order to demonstrate that the motor vehicle or the license plates were stolen prior to the Traffic Law Violation and therefore were not under the control or possession of the Registered Owner at the time of the violation, the Registered Owner shall submit proof that a report about the stolen motor vehicle or license plates was filed with the appropriate law enforcement agency prior to the Traffic Law Violation or within forty-eight (48) hours after the Traffic Law Violation occurred; or
C. If the Registered Owner is a corporate entity, an affidavit, sworn to or affirmed by an agent of the corporate entity, that provides the name and address of the employee who was operating the motor vehicle at the time of the Traffic Law Violation and who is the Designated Party; or
D. If the Registered Owner is a Motor Vehicle Leasing Dealer or a Motor Vehicle Renting Dealer, written notification of the name and address of the lessee or renter of the motor vehicle at the time of the Traffic Law Violation and who is the Designated Party. Neither the Motor Vehicle Leasing Dealer nor the Motor Vehicle Renting Dealer shall pay such a Ticket and subsequently attempt to collect a fee or assess the lessee or renter for any payment of such a Ticket made on behalf of the lessee or renter.
(b) When the Village Police Department receives an affidavit described in Section 317.05(a)(3)(A), (B), or (C) of this section or a notification under Section 317.05(a)(3)(D) of this section from a Registered Owner, the Village or its designee may proceed to send a Ticket that conforms with the requirements set forth in Section 317.04 to the Designated Party. The Village or its designee shall send the Ticket to the Designated Party by ordinary mail not later than twenty-one (21) days after receipt of the affidavit or notification.
(c) A Registered Owner shall not be responsible for a Traffic Law Violation if, within thirty (30) days after the date of mailing of the Ticket, the Registered Owner furnishes either an affidavit or the notification specified in subsection (a)(3) above, to the Village Police Department and one of the following conditions is met:
(1) Under Section 317.05(a)(3)(A) or (a)(3)(C), within thirty (30) days after the date of mailing of a Ticket to the Designated Party, the Designated Party either accepts liability for the Traffic Law Violation by paying the civil penalty or fails to contest liability for the Ticket in accordance with Section 317.06;
(2) Under Section 317.05(a)(3)(B), the Registered Owner submits an affidavit that is supported by a stolen vehicle or stolen license plate report filed with an appropriate law enforcement agency.
(3) Under Section 317.05(a)(3)(D), if it is determined that a valid Motor Vehicle Leasing Dealer or Motor Vehicle Renting Dealer received a Ticket for an alleged Traffic Law Violation detected by a Law Enforcement Officer using an Officer-Operated Handheld Traffic Law Enforcement Device, neither will be held liable for a Ticket issued for a motor vehicle that was in the care, custody, or control of a lessee or renter at the time of the alleged violation.
(d) Failure to timely elect and perform one of the options set forth in Section 317.05(a) above shall constitute an admission of liability of the Traffic Law Violation and a waiver of the opportunity to contest the Traffic Law Violation.
(Ord. 2021-10. Passed 9-20-21.)