(a) Establishment. There is hereby established a Parking Violations Bureau, within the Police Division, within the Department of Public Safety.
(b) Jurisdiction.
(1) The Parking Violations Bureau shall have jurisdiction over each parking violation that is a violation of Chapter 452. of this Traffic Code and each parking violation that is a violation of a parking regulation issued by the Public Safety Director under Section 238.02 of the City's Administration Code that occur within the City. Notwithstanding any other provision of law to the contrary, each parking violation that is a violation of Chapter 452. of this Traffic Code and each parking violation that is a violation of a parking regulation issued by the Public Safety Director under Section 238.02 of the City's Administration Code that occur within the City, and the enforcement of the same, shall be handled pursuant to and be governed by the provisions of this Chapter.
(2) The Greene County Juvenile Court and the Xenia Municipal Court's Traffic Violations Bureau shall retain jurisdiction over each parking infraction that occurs within the territorial jurisdiction of the respective court that is not within the jurisdiction of the Parking Violations Bureau as determined under division (b)(1) of this section. However, notwithstanding any other provision of law to the contrary, each such parking violation and the enforcement of such parking violation shall be handled by the Juvenile Court or the Traffic Violations Bureau pursuant to, and be governed by, the provisions of this Chapter.
(c) Violations Clerk. The Public Safety Director is hereby appointed the Violations Clerk for the Bureau and shall appoint hearing examiners and necessary clerical employees for the Bureau. No person shall be employed as a hearing examiner unless such person is an attorney admitted to the practice of law in the State of Ohio or is a former law enforcement officer. The Public Safety Director may designate, in his or her sole discretion, any of the powers or duties of the Violations Clerk provided for under this Chapter to any deputy violations clerks.
(d) Contracted Services. The Public Safety Director is hereby authorized to contract with any governmental or nongovernmental entity to provide services in processing, collection and enforcing parking tickets issued by law enforcement officers and civil judgments and default civil judgments entered pursuant to this Chapter. No contract so entered into shall affect the responsibilities of hearing examiners, as prescribed in this Chapter, or the ultimate responsibility of the Violations Clerk to collect, retain and disburse fines, penalties, fees, and costs for parking violations, and monies paid in satisfaction of judgments and default judgments.
(e) Fines and Penalties.
(1) The fines, penalties, fees, and costs for parking violations, failure to timely answer a parking ticket, failure to timely answer a notice of violation, hearing costs, failure to timely pay judgments, judgement releases and immobilization fees shall be as set forth in the fee schedule in Part Two, Title Twelve, Section 298.01(b) of the City's Administration Code.
(2) The fines, penalties, fees, and costs for parking violations, and monies paid for satisfaction of judgments, which are collected by the Bureau, shall be collected, retained and disbursed by the Bureau to the City of Xenia.
(3) The fines and penalties for parking violations shall be collected, retained, and disbursed by the clerk of the Juvenile Court or the violations clerk of the Traffic Violations Bureau if the parking violation occurred within the territorial jurisdiction of the respective court and if it did not occur within the jurisdiction of the Parking Violations Bureau. The fines and penalties collected by the clerk of the Juvenile Court or the violations clerk of the Traffic Violations Bureau shall be disbursed by the clerk to the local authority whose ordinance, resolution, or regulation was violated.
Statutory Reference: ORC 4521.04; 4521.05
(Ord. 2018-31. Passed 10/25/18)