452.23 PARKING VIOLATION NOTICE; WAIVER FEES; ISSUANCE OF WARRANT.
   (a)   Whenever a vehicle is found to be parked where parking is prohibited or restricted in violation of this Traffic Code or any other City ordinance, a police officer or parking enforcement officer observing such parking may attach a notice to the vehicle in a conspicuous place, which notice shall specify the violation complained of and shall notify the person who last operated the vehicle of the right to appear at the office of the Police Department and the duty to comply with the following provisions. If the person who last operated any vehicle, to which a notice of violation of parking has been attached, appears at the office of the Police Department within five (5) days or 120 hours from the time the notice is attached to the vehicle, and, in writing, waives the filing of an affidavit relating to the violation, the reading of the same and the issuance of a warrant, enters a plea of guilty, consents to the tried in his or her absence and pays the amount of ten dollars ($10.00), the person shall be released from any further liability and shall, upon consideration of the court, be fined the amount of ten dollars ($10.00) so paid. If the person appears at the office of the Police Department from six days to thirty days, or 121 hours to 720 hours after the notice of violation was issued, the person shall pay a fine of twenty-five dollars ($25.00). If the person appears at the office of the Police Department over thirty days or over 720 hours after the notice of violation was issued, the person shall pay a fine of fifty dollars ($50.00).
(Ord. 2009-095. Passed 8-3-05.)
   (b)   If the operator of a vehicle upon which a notice of violation of parking has been attached does not appear in compliance with the notice within eleven days or 241 hours and pay the amount specified for the violation, any officer having knowledge of the facts of the violation may file an affidavit in the Municipal Court and institute proper proceedings, in which a warrant may be issued, charging the last operator of the vehicle with a violation of the section of the Traffic Code or other City ordinance for which the notice was attached to the vehicle.
(Ord. 1994-169. Passed 9-6-94.)
   (c)   The provisions for notifying the last operator of improper parking by placing a notice upon the vehicle are not exclusive provisions, but are in the alternative of the provisions of law for the commencement of criminal proceedings by affidavit and the issuance of a warrant. If notice is not employed, proceedings may be instituted in the Municipal Court in the manner provided by law to charge any person with a violation of this Traffic Code or any other City ordinance pertaining to the parking of vehicles.
(Ord. 1994-93. Passed 7-5-94.)
   (d)   When a vehicle is found to have a minimum of five outstanding unpaid parking fines, said vehicle may be immobilized by the Police Department by using the auto-boot, or the City may impound the vehicle at a location authorized by the Police Department. Said vehicle shall remain immobilized until the outstanding parking fines are satisfied. The owner of said vehicle shall be responsible for any charges incurred by the City during the impoundment for towing and storage, and such charges must be paid prior to release of the vehicle. The City shall have a lien on said vehicle until such charges are paid.
(Ord. 1994-169. Passed 9-6-94.)
   (e)   In any hearing or a charge of illegally parking a motor vehicle, testimony that a vehicle bearing a certain license plate was found unlawfully parked as prohibited by the provisions of this Traffic Code, and further testimony that the record of the Ohio Registrar of Motor Vehicles shows that the license plate was issued to the defendant, shall be prima-facie evidence that the vehicle which was unlawfully parked, was so parked by the defendant. A certified registration copy, showing such fact, from the Registrar shall be proof of such ownership.
(Ord. 2009-096. Passed 8-3-09.)