(a) When a person or entity named in a Ticket for a civil violation elects to contest a Ticket, the person or entity shall request a hearing in the Stow Municipal Court by completing and filing the appeal form provided by the Stow Municipal Court, within the time frame required.
(b) The Stow Municipal Court shall set the matter for a hearing not sooner than twenty-one (21) days, but not later than forty-five (45), after the filing of the request for hearing. The Prosecuting Attorney shall litigate the case to a conclusion. The Court may extend the time period in which a hearing must be conducted upon its own motion, or either a request for additional time or waiver of time limits by the person or entity who requested the hearing. Notice of the hearing shall be provided by the Stow Municipal Court. The Stow Municipal Court shall determine whether a preponderance of the evidence establishes that a Traffic Law Violation alleged in the Ticket did in fact occur and whether the person or entity requesting the hearing is the person who was operating the vehicle at the time of the Traffic Law Violation.
(c) (1) If the Stow Municipal 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 a Designated Party, the Court shall provide to Village or its designee, 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 Village or its designee may issue a Ticket to the Designated Party. The Village shall ensure that a Ticket issued under this section conforms with Section 319.04. The Village or its designee shall send the Ticket by ordinary mail not later than twenty-one (21) days after receipt of the evidence from the Court of the identity of the Designated Party.
(d) If a Designated Party, who is issued a Ticket under Section 319.04, contests the Ticket by filing a written request for a hearing and does so not later than thirty (30) days after the mailing date of the Ticket, the Registered Owner of the motor vehicle shall also attend the hearing. If at the hearing involving the Designated Party the Stow Municipal Court cannot determine the identity of the operator of the vehicle at the time of the violation, the Registered Owner shall be liable for the violation. The Stow Municipal Court shall then issue a written decision imposing liability for the violation on the Registered Owner and submit it to Village 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.
(e) (1) The Stow Municipal Court shall determine whether a preponderance of evidence establishes that a Traffic Law Violation occurred and the person requesting the hearing is the party operating the vehicle at the time of the violation.
(i) If the Stow Municipal 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 notice of liability is the person who was operating the vehicle at the time of the violation, the hearing officer shall issue a journal entry imposing liability for the violation upon the individual or entity and submit it to the Village of Peninsula or its designee and the person or entity named in the notice of liability.
(ii) If the Stow Municipal 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 notice of liability is not the person who was operating the vehicle at the time of the violation, the Stow Municipal Court shall issue a journal entry finding that the individual or entity is not liable for the violation and submit it to the Village of Peninsula or its designee and the person or entity named in the notice of liability.
(iii) If the person who requested the hearing or a representative of the entity that requested the hearing fails to appear at the hearing, the Stow Municipal Court shall determine that the person or entity is liable for the violation. In such a case, the hearing officer shall issue a journal entry imposing liability for the violation upon the individual or entity and submit it to the Village of Peninsula or its designee and the person or entity named in the notice of liability.
(f) If the registered owner or designated party chooses to contest the notice of liability, the Stow Municipal 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 responsible party:
(1) That the motor vehicle or license plates of the motor vehicle were stolen before the violation occurred and were not under control or possession of the registered owner at the time of the traffic law violation. In order to demonstrate that the motor vehicle or license plates were stolen before the traffic law violation occurred and were not under the control or possession of the registered owner at the time of the traffic law violation, the owner must submit proof that a police report about the stolen motor vehicle or license plates was filed prior to the traffic law violation or within forty-eight (48) hours after the traffic law violation occurred.
(2) That the motor vehicle was under the custody and/or control of another person at the time of the 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 traffic law violation.
(3) That this section is unenforceable because the recorded image is not legible enough to determine the information needed.
(4) Evidence, other than that adduced pursuant to Section 319.07(e)(l), that the registered owner or person named in the notice of liability was not operating the motor vehicle at the time of the violation. To satisfy the evidentiary burden under this subsection, the owner or person named in the notice of liability shall provide to the Stow Municipal Court evidence showing the identity of the person who was operating the motor vehicle at the time of the traffic law violation, including, but not limited to, the operator's name and current address, and any other evidence the Stow Municipal Court deems pertinent.
(5) That the motor vehicle operator was yielding the right-of-way to an emergency vehicle in accordance with Ohio law, or to a funeral procession.
(6) That the vehicle passed through the intersection in order to yield the right-of-way to either of the following: (i) a public safety vehicle or coroner's vehicle in accordance with section 4511.45 of the Ohio Revised Code; or (ii) a funeral procession in accordance with Section 4511.451 of the Ohio Revised Code.
(7) 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.
(8) That under consideration of the totality of the circumstances the person or entity named in the notice of liability is not liable.
(g) If the Stow Municipal Court finds that the person or entity named in the notice of liability was not operating the motor vehicle at the time of the violation or receives evidence under Section 319.07(e)(4) identifying the designated party, the Stow Municipal Court shall provide it to the Village of Peninsula or its designee, along with a copy of any evidence substantiating who was operating the motor vehicle at the time of the traffic law violation.
(1) Upon receipt of evidence of the responsible party pursuant to this Section or pursuant to Section 319.06(b), the Village of Peninsula or its designee may issue a notice of liability, with the name and address of the designated party and the information required by Section 319.04 of this Chapter, to the person that the evidence indicates was operating the motor vehicle at the time of the violation.
(2) A notice of liability issued under this Section 319.07(g), shall be sent by the Village of Peninsula or its designee by ordinary mail no later than twenty-one (21) business days after the receipt of the evidence from the Stow Municipal Court. The content of a notice of liability issued under this subsection shall be the same as set forth in division (a) of Section 319.04 of this Chapter.
(3) If a designated party who was issued a notice of liability under Section 319.07 (e) hereof contests the ticket by filing a written request for an appeal hearing not later than thirty (30) days after receipt of the notice of liability, the registered owner of the motor vehicle shall also attend the hearing. If at the hearing involving the designated party the hearing officer 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 hearing officer then may issue a written decision imposing liability for the violation on the registered owner and submit it to the Village 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.
(h) A person who is named in a notice of liability for a civil violation may assert a testimonial privilege in accordance with division (D) of Section 2317.02 of the Ohio Revised Code.
(i) A person or entity found liable for a Ticket may appeal the decision rendered by the Stow Municipal Court in accordance with Ohio law.
(j) No decision rendered under this Section, and no admission of liability under this Chapter is admissible as evidence in any other judicial proceeding in this state, except as is provided in Section 319.10 hereinbelow.
(Ord. 07-2023. Passed 4-11-23.)