(a) When Owner Not Liable. An owner of a vehicle is not jointly liable with the operator of the vehicle whose act or omission resulted in a parking ticket for the parking violation or any fine, penalty, or processing fee arising out of the parking violation under this Chapter if either of the following apply:
(1) The owner answers the charge of the parking violation under Section 450.04 or 450.05 of this Chapter, the answer denies that the owner committed the violation and requests a hearing concerning the violation, the owner additionally asserts and provides reasonable evidence at that time to prove that the vehicle, at the time of the commission of the parking violation, was being used by the operator without the owner's express or implied consent, and the Parking Violations Bureau or the Greene County Juvenile Court determines that the vehicle was being used without the owner's express or implied consent at that time. If the Bureau or the Juvenile Court does not so determine, it shall conduct the hearing concerning the parking violation according to Section 450.07 of this Chapter.
(2) The owner answers the charge of the parking violation under Section 450.04 or 450.05 of this Chapter, the answer denies that the owner committed the parking violation, the owner additionally submits evidence at that time that proves that, at the time of the alleged commission of the parking violation, the owner was engaged in the business of renting or leasing vehicles under written rental or lease agreements, and the owner additional submits evidence that proves that, at the time of the alleged commission of the parking violation, the vehicle in question was in the care, custody, or control of a person other than the owner pursuant to a written rental or lease agreement. If the owner does not so prove, the Parking Violations Bureau or the Greene County Juvenile Court shall conduct a hearing relating to the parking violation according to Section 450.07 of this Chapter.
(3) The owner, at a hearing concerning the parking violation conduction in accordance with Section 450.07 of this Chapter, proves that the vehicle, at the time of the parking violation, was being used by the operator without the owner's express or implied consent or proves the facts described in division (a)(2) of this section.
(b) Rentals.
(1) An owner of a vehicle who is engaged in the business of renting or leasing vehicles under written rental or lease agreements, but who does not satisfy the additional requirements of division (a)(2) of this section is not liable for any penalties or processing fees arising out of a parking violation involving the vehicle if at the time of the commission of the parking violation, the vehicle was in the care, custody, or control of a person other than the owner pursuant to a written rental or lease agreement, and if the owner answers the charge of the parking violation by denying that the owner committed the parking violation or by paying the fine arising out of the parking violation within thirty (30) days after actual receipt of the parking ticket charging the violation or, if the owner did not receive the parking ticket, within thirty (30) days after receipt of the notification of violation.
(2) Proof that the vehicle was in the care, custody, or control of a person other than the owner pursuant to a written rental or lease agreement at the time of the alleged parking violation shall be established by sending a true copy of the rental or lease agreement or an affidavit to that effect to the Parking Violations Bureau or the Greene County Juvenile Court, as applicable, within thirty (30) days after the date of receipt by the owner of the parking ticket charging the violation or, if the owner did not receive the parking ticket, within thirty (30) days after receipt of the notification of violation. The submission of a true copy of a written rental or lease agreement or affidavit shall be prima-facie evidence that a vehicle was in the care, custody, or control of a person other than the owner. The affidavit authorized by this section shall be accompanied by a postage-paid, self-addressed envelope, shall be in a form the Ohio Registrar of Motor Vehicles shall prescribe, and shall include space for the Parking Violations Bureau or the Juvenile Court to indicate receipt of the affidavit. Within thirty (30) days of receipt of the affidavit, the Bureau or Court shall return a receipted copy of the affidavit to the rental or lease company. In addition, any information required by division (a)(2) of this section may be provided on magnetic tape or another computer readable media in a format acceptable to the Parking Violations Bureau or Juvenile Court.
Statutory reference: ORC 4521.09
(Ord. 2018-31. Passed 10/25/18)