(1) The Parma Municipal Court shall conduct a hearing no later than 180 days after the filing of a written request for the hearing. The Court may extend the time period by which a hearing must be conducted upon a request for additional time by any party.
(2) The Court shall ensure that the hearing is open to the public. The Court shall post a docket in a conspicuous place near the entrance to the hearing room. The Court shall identify on the docket, by respondent, the hearings scheduled for that day and the time of each hearing. The Court may schedule multiple hearings for the same time to allow for occurrences such as nonappearances or admissions of liability.
(3) The person who requested the hearing or a representative of the entity that requested the hearing shall appear for the hearing and may present evidence at the hearing.
(4) The Court shall determine whether a preponderance of the evidence establishes that the violation alleged in the ticket did in fact occur and that the person or entity requesting the review is the person who was operating the vehicle at the time of the violation.
(b) (1) If the Court finds by a preponderance of the evidence that the alleged traffic law violation did in fact occur and that the person or entity named in the ticket is the person who was operating the vehicle at the time of the violation, the Court shall issue a written decision imposing liability for the violation upon the individual or entity and submit it to the City or its designee and the person or entity named in the ticket.
(2) If the Court finds by a preponderance of the evidence that the alleged traffic law violation did not occur or did in fact occur but the person or entity named in the ticket is not the person who was operating the vehicle at the time of the violation, the Court shall issue a written decision finding that the individual or entity is not liable for the violation and submit it to the City or its designee and the person or entity named in the ticket.
(3) If the person who requested the Court hearing or a representative of the entity that requested the hearing fails to appear at the hearing, the Court shall determine that the person or entity is liable for the violation. In such a case, the Court shall issue a written decision imposing liability for the violation upon the individual or entity and submit it to the local authority or its designee and the person or entity named in the ticket.
(4) The Court shall render a decision on the day a hearing takes place.
(c) (1) In determining whether the person or entity named in the ticket is liable, the Court may consider any of the following as an affirmative defense to a traffic law violation:
A. That the vehicle passed through the intersection in order to yield the right-of-way to either of the following:
1. A public safety vehicle or coroner's vehicle in accordance with Ohio R.C. 4511.45 or a substantially equivalent municipal ordinance;
2. A funeral procession in accordance with Section 331.24 of the Codified Ordinances.
B. That the motor vehicle or license plates of the motor vehicle were stolen prior to the occurrence of the violation and were not under the control or possession of the registered owner at the time of the violation. In order to demonstrate that the motor vehicle or license plates were stolen prior to the occurrence of the violation and 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 48 hours after the traffic law violation occurred.
C. At the time and place of the alleged traffic law violation, the traffic control signal was not operating properly or the traffic law photo-monitoring device was not in proper position and the recorded image is not of sufficient legibility to enable an accurate determination of the information necessary to impose liability.
D. That the registered owner or person or entity named in the ticket was not the person operating the motor vehicle at the time of the violation. In order to meet the evidentiary burden imposed under division (c)(1)D. of this section, the registered owner or person or entity named in the ticket shall provide to the Court the identity of the designated party, that person's name and current address, and any other evidence that the Court determines to be pertinent.
(2) A Court also may consider the totality of the circumstances when determining whether to impose liability upon the person or entity named in the ticket.
(d) (1) If the Court finds that the person or entity named in the ticket was not the person who was operating the vehicle at the time of the violation or receives evidence identifying the designated party, the Court shall provide to the City or its designee, within five days of the hearing, a copy of any evidence substantiating the identity of the designated party.
(2) Upon receipt of evidence of the identity of the designated party, the City or its designee may issue a ticket to the designated party.
(3) The City shall ensure that a ticket issued under division (d)(2) of this section conforms with Section 315.04(b). The City or its designee shall file the ticket not later than 21 days after receipt of the evidence from the Court or the registered owner of the identity of the designated party.
(e) If a designated party who is issued a ticket under division (d)(2) of this Section or 315.05(b) contests the ticket by filing a written request for a hearing to review the ticket not later than 30 days after receipt of the ticket, the Court shall require the registered owner of the motor vehicle also to 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. The Court then shall issue a written decision imposing liability for the violation on the registered owner and submit it to the City or its designee and to the registered owner. If the designated party also is a registered owner of the vehicle, liability for the violation shall follow the order of registered owners as listed on the title to the vehicle.
(f) A person who is named in a ticket for a civil violation may assert a testimonial privilege in accordance with Ohio R.C. 2317.02(D).
(g) No decision rendered under this section, and no admission of liability under this section or Section 315.04, is admissible as evidence in any other judicial proceeding in this State.
(h) A certified copy of the ticket alleging a traffic law violation, sworn to or affirmed by a law enforcement officer employed by the City, including by electronic means, and the recorded images produced by the traffic law photo-monitoring device, is prima facie evidence of the facts contained therein and is admissible in a proceeding for review of the ticket issued under this section.
(Ord. 2009-26. Passed 11-23-09. Ord. 2012-19. Passed 5-21-12; Ord. 2015-10. Passed 3-9-15; Ord. 2022-2. Passed 3-14-22.)