351.98 PARKING VIOLATIONS BUREAU.
There is hereby created in the City, in accordance with Ohio R.C. Chapter 4521.02, A Parking Violations Bureau to handle all parking violations occurring within the Municipal Corporation, including parking violations that are in violation of ordinances, resolutions or other local authorities that occur within the territory of the City.
(a) The City shall, when the same becomes necessary, appoint a violations clerk, hearing examiners and necessary clerical employees as is necessary to provide for the proper functions of the Parking Violations Bureau. No person shall be employed as a hearing examiner unless the person is an attorney admitted to the practice of law in this state or formerly was employed as a law enforcement officer.
(b) Parking tickets shall be as authorized in accordance with Ohio R.C. Chapter 4521.
(c) Violations of this chapter, unless specified as a misdemeanor offense, shall not be considered a criminal offense for any purpose and no person who commits a violation thereof shall be arrested as a result of the commission of the violation. Violations thereof shall be handled in accordance with this chapter and Ohio R.C. Chapter 4521.
(d) The time within which a person who is issued a parking ticket must answer to the charge or pay the fine on the ticket is fifteen (15) days. The answer or payment shall be made by personal appearance at the Wooster Safety Center, Wooster City Hall, by regular mail or by electronic mail/payment. If by regular mail, the time for answering or payment shall be extended in accordance with the Rules of Civil Procedure. No answer may be received by telephone. The answer shall consist of one of the following:
(1) An admission that the person committed the parking violation, by payment of any fine arising out of the parking violation;
(2) An admission that the person committed the parking infraction, with an explanation of the circumstances surrounding the infraction;
(3) A denial that the person committed the parking violation and a request for a hearing relative to the violation. If the person desires the presence at the hearing of the law enforcement officer who issued the parking ticket, the person must request their presence in the answer.
(e) Violations of this chapter unless otherwise specified herein, shall be punishable as follows:
(1) The fines outlined in the City's Fee Schedule will apply to all parking violations, except those contained in Section 351.041, if paid within fifteen (15) days of the issuance of the initial citation; after fifteen (15) days from initial issuance, a twenty-five dollar ($25.00) late fee will be added.
(2) The fines outlined in the City's Fee Schedule for Section 351.041, handicap parking violations, will apply if paid within fifteen (15) days of the issuance of the initial citation; after fifteen (15) days from initial issuance, a fifty dollar ($50.00) late fee will be added.
(3) No late fee will be imposed on any fine if an answer is filed in compliance with section (d) above while the appeal process is pending.
(4) The City may utilize third-party collection efforts to recover unpaid fines and fees, regarding any default account. The person cited shall be responsible for any fees due to the outside or third party collection agency for their services rendered to collect on behalf of the City.
(f) The Chief of Police of the City may provide for the impoundment or the immobilization of any vehicle involved with violations of this chapter after the expiration of ten days from the date of any entry establishing judgment or default judgment. Such impoundment or immobilization shall occur through the auspices of the authorized city towing company. The Chief of Police shall establish the bond or cash deposit to secure the release of such impounded vehicle, provided, however, that the deposit shall not exceed one thousand dollars ($1,000).
(g) The Bureau, in the event it receives an answer which contains an explanation of the circumstances surrounding the parking violation, may eliminate or reduce such part of the fine arising out of the parking violation as it, in its discretion, deems appropriate.
(h) A person who denies that he committed a parking violation shall be granted a hearing concerning the violation. The Bureau shall set a date for the hearing and notify the person, in writing (letter or e-mail), of the date, time and place of the hearing. The hearing shall be conducted by a hearing examiner of the Parking Violations Bureau.
(i) Failure to appear at the hearing shall result in a default judgment and be punishable as an additional parking violation and shall be subject to a fine in an amount not to exceed twenty-five dollars ($25.00).
(j) All appeals from the Parking Violations Bureau, its orders or judgments, or any other orders entered pursuant to this chapter, shall be made to the Wayne County Municipal Court, Wooster, Ohio, by filing notice of the appeal to both the Parking Violations Bureau and the Wayne County Municipal Court, Wooster, Ohio within fifteen (15) days of the date of the entry of the judgment and by the paying of such reasonable costs as the court requires. All appeals shall be processed in accordance with procedural and substantive provisions of Ohio R.C. 4521.08(D).
(k) Failure to timely file an answer or pay fine may result in a default judgment.
(Ord. 2022-14. Passed 9-6-22.)