(a) Adoption. A parking ticket, in the form prescribed by division (b) of this section, is hereby adopted and shall be used in all cases in which a person is charged with committing a parking violation under Chapter 452
of this Traffic Code and/or 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. In the alternative, the "Ohio Uniform Traffic Ticket" described in State Traffic Rule 3(A) and (B) may be used as the parking ticket. Any parking ticket issued for a parking violation under Chapter 452
. of this Traffic Code and/or 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 shall be the summons and complaint for the purposes of this Chapter.
(b) Contents. A parking ticket issued for a violation of any provision of Chapter 452
. of this Traffic Code and/or a violation of a parking regulation issued by the Public Safety Director under Section 238.02 of the City's Administration Code shall contain provisions that:
(1) Advise the person to whom the ticket is issued that he or she must answer in relation to the parking violation charged in the ticket;
(2) Advise the person to whom the ticket is issued that if he or she fails to answer in a timely manner, additional penalties shall apply;
(3) Specify the allowable answers that may be made to the parking violation charged, as provided in Section 450.04;
(4) Advise the person that he or she will be afforded a hearing if he or she denies in his or her answer that he or she committed the parking violation;
(5) Specify the entity to which, the time within which, and the allowable manners in which the answer must be made;
(6) Indicate the penalties that may result from failure to timely answer and the fine that arises from the parking ticket;
(7) Warn that failure to timely answer or to appear at a requested hearing will be considered an admission of the parking violation;
(8) Warn that a default civil judgment potentially may be entered against the person and, if different, the owner of the vehicle if the person fails to timely answer or to appear at a requested hearing; and
(9) Any other information as required by law.
(c) Duty of Issuing Officer. The law enforcement officer issuing the parking ticket shall complete the parking ticket by:
(1) Identifying the parking violation charged;
(2) Recording the license plate number, type, and make or model of the vehicle;
(3) Indicating the date, time and place of the violation;
(4) Signing the ticket and affirming the facts it contains; and
(5) Identifying the offender and serve the ticket by one of the following methods:
A. If the operator of the vehicle is present, the officer shall record on the parking ticket, in the space provided for identification of the offender, the name of the operator and shall then personally serve the ticket upon the operator.
B. If the operator of the vehicle is not present, the officer shall insert the word "owner" in the space provided for the identification of the offender and shall then constructively serve the parking ticket upon the owner of the vehicle by affixing it to the vehicle in a conspicuous place.
(d) Constructive Service.
(1) Constructive service of a parking ticket upon an owner of a vehicle by affixation as provided in division (c)(5) of this section, or by the procedure described in division (d)(2) of this section, has the same force and effect, and potentially subjects both the owner and the operator of the vehicle whose act or omission resulted in the parking infraction, if different, to the same fine and the same penalties for failure to timely answer or to appear, if a hearing is requested, as if the parking ticket were personally served on both the owner and operator of the vehicle at the time of the violation.
(2) An operator of a vehicle who is not the owner of the vehicle, but who operates it with the express or implied permission of the owner is the agent of the owner for purposes of the receipt of parking tickets served in accordance with this section, and personal service of a parking ticket upon the operator in accordance with this section constitutes constructive service upon the owner for purposes of this Chapter. The operator of a rented or leased vehicle whose act or omission resulted in an alleged parking infraction shall not be considered an agent of the owner if the owner is engaged in the business of renting and leasing vehicles pursuant to a written rental or lease agreement and if the owner follows the procedures set forth in Section 450.09 of this Chapter.
(e) Joint Liability. Except as provided in Section 450.09 of this Chapter, when a parking ticket is issued for a parking infraction and is served pursuant to this section, the operator of the vehicle whose act or omission resulted in the parking infraction for which the ticket was issued and the owner of the vehicle involved in the parking infraction, if different, are jointly liable for the parking infraction and any fine or penalty arising out of the parking infraction. Any owner of a vehicle who pays any fine or penalty imposed for a parking infraction pursuant to this Chapter may recover the amount paid from the operator of the vehicle whose act or omission resulted in the parking infraction.
(f) No Arrest. No person upon whom a parking ticket charging a parking violation under Chapter 452. of the City's Traffic Code shall be arrested as a result of the commission of the parking violation.
(g) Records. The original of the parking ticket issued pursuant to this section or any true copy of the same shall be considered a record kept in the ordinary course of business of the City and the Police Division, and shall be prima facie evidence of the facts it contains.
Statutory Reference: ORC 4521.03
(Ord. 2018-31. Passed 10/25/18)