(a) When a person or entity named in a ticket for a civil violation elects to contest the ticket and completes the requirements prescribed in Section 315.04 of the Codified Ordinances in a timely manner, all of the following apply:
(1) The Prosecuting Attorney shall prosecute the case to a conclusion. The hearing shall be held within the time frame established by the Willoughby Municipal Court.
(2) The person who requested the administrative hearing or a representative of the entity that requested the hearing shall appear for the hearing and may present evidence at the hearing.
(3) The Willoughby Municipal Court shall determine whether a preponderance of the evidence establishes that the violation alleged in the ticket did in fact occur and that person or entity requesting the review is the person who was operating the vehicle at the time of the violation.
(b) (1) If the Willoughby 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 ticket is the person who was operating the vehicle at the time of the violation, the Willoughby Municipal 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 Willoughby 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 ticket is not the person who was operating the vehicle at the time of the violation, the Willoughby Municipal Court shall issue a judgment 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 administrative hearing or a representative of the entity that requested the hearing fails to appear at the hearing, the Willoughby Municipal Court shall determine that the person or entity is liable for the violation. In such a case, the Willoughby Municipal Court shall issue a judgment 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.
(c) (1) In determining whether the person or entity named in the ticket is liable, the Willoughby Municipal Court may consider any of the following as an affirmative defense to the 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 Ohio R.C. 4511.451 or a substantially equivalent municipal ordinance.
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 Officer-Operated Handheld Traffic Law Enforcement 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 this subsection (c)(1)D. of this section, the registered owner or person or entity named in the ticket shall provide to the hearing officer the identity of the designated party, that person's name and current address, and any other evidence that the hearing officer determines to be pertinent.
E. The Willoughby Municipal 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 Willoughby 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 the designated party, the hearing officer shall provide to the City or its designee, within five (5) 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. The City shall ensure that a ticket issued under subsection (d)(2) of this section conforms with Section 315.04. The City shall send the ticket by ordinary mail not later than twenty-one (21) days after receipt of the evidence from the hearing officer or the registered owner of the identity of the designated party.
(e) If a designated party who is issued a ticket under subsection (d)(2) of this section or Section 315.04(b) of the Codified Ordinances contests the ticket by filing a written request for an administrative hearing review to review the ticket not later than thirty (30) days after the receipt of the ticket, the City shall require the registered owner of the motor vehicle to attend the hearing. If at the hearing involving the designated party, the Willoughby Municipal Court cannot determine the identity of the operator of the motor vehicle at the time of the violation, the registered owner is liable for the violation. The Willoughby Municipal Court shall then 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) A person or entity may appeal a written decision rendered by the Willoughby Municipal Court in accordance with Ohio law.
(Ord. 2022-051. Passed 10-13-22.)