(a) The Village may enforce the civil penalties provided for in this Chapter by filing a small claims complaint in the Norwalk Municipal Court. The Village may file such a complaint against any person or entity who has not paid the civil penalty or filed an affidavit in accordance with (section reference above), provided that at least thirty (30) days have elapsed since the notice of liability was mailed. The action shall then proceed according to the laws and rules applicable to small claims actions, and appeals shall be governed by Ohio R.C. Chapter 2505.
(b) If a small claims complaint is filed and the case is heard by the court, the court may
consider any of the following as an affirmative defense to a violation upon the defense being established by a preponderance of the evidence by the registered owner or designated party:
(1) That the motor vehicle or license plates of the motor vehicle were stolen before the alleged violation occurred and were not under control or possession of the registered owner at the time of the alleged violation. In order to demonstrate that the motor vehicle or license plates were stolen before the violation occurred and were not under the control or possession of the registered owner at the time of the alleged violation, the owner must submit proof that a police report about the stolen motor vehicle or license plates was filed prior to the violation or within forty-eight (48) hours after the alleged violation occurred.
(2) That the motor vehicle was under the custody and/or control of another person at the time of the alleged violation. In order to establish this, the owner or responsible person must provide the name and address of the person who had custody and/or control of the motor vehicle at the time of the alleged violation.
(3) That this section is unenforceable because the recorded image is not legible enough to determine the information needed.
(4) Evidence, that the registered owner or person named in the complaint was not operating the motor vehicle at the time of the alleged violation. To satisfy the evidentiary burden under this subsection, the owner or person named in the complaint shall provide to the court evidence showing the identity of the person who was operating the motor vehicle at the time of the alleged violation, including, but not limited to, the operator's name and current address, and any other evidence the Village officer deems pertinent.
(c) Upon receipt of evidence of the designated party the Village of Monroeville or its designee may issue a notice of liability, with the name and address of the designated party and the information required by the Chapter to the person that the evidence indicates was operating the motor vehicle at the time of the violation.
(d) A notice of liability issued under this Section, shall be sent by the Village of Monroeville or its designee by ordinary mail no later than twenty-one (21) business days after the receipt of the evidence of the identity of the operator of the vehicle.
(e) If the designated party who was issued a notice of liability is a defendant in a small claims complaint filed under this Chapter, the Village of Monroeville may require the registered owner of the motor vehicle to also attend the hearing. If at the hearing involving the designated party the court cannot determine the identity of the operator of the vehicle at the time of the violation, the registered owner is liable for the violation.
(f) A person who is named in a complaint for a civil violation may assert a testimonial privilege in accordance with division (D) of Ohio R.C. 2317.02.
(Ord. 2024-01. Passed 2-13-24.)