307.04 REGISTERED OWNER ACTION AFTER ISSUANCE OF A TICKET.

   (a)   A person or entity who receives a ticket for a civil violation sent in compliance with Section 307.03 shall elect to do one of the following:

      (1)    In accordance with instructions on the ticket, pay the civil penalty, thereby admitting liability and waiving the opportunity to contest the violation; or

      (2)    Within thirty (30) days after mailing of the ticket, provide the municipal court with jurisdiction over the civil action with either of the following affidavits:

         A.   An affidavit executed by the registered owner stating that another person was operating the vehicle of the registered owner at the time of the violation, identifying that person as a designated party who may be held liable for the violation, and containing at a minimum the name and address of the designated party;

         B.   An affidavit executed by the registered owner stating that at the time of the violation, the motor vehicle or the license plates issued to the motor vehicle were stolen and therefore were in the care, custody, or control of some person or entity to whom the registered owner did not grant permission to use the motor vehicle. In order to demonstrate that the motor vehicle or the license plates were stolen prior to the traffic law violation and therefore 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 violation.

   (b)   A registered owner is not responsible for a traffic law violation if, within thirty days after the date of mailing of the ticket, the registered owner furnishes an affidavit specified in division (A)(2)(a) or (b) of this Section to the court with jurisdiction and the following conditions are met:

      (1)    If the registered owner submits an affidavit as specified in division (A)(2)(a) of this section, the designated party either accepts liability for the violation by paying the civil penalty or by failing to request a court hearing within thirty days or is determined liable in a court hearing;

      (2)    If the registered owner submits an affidavit as specified in division (A)(2)(b) of this section, the affidavit is supported by a stolen vehicle or stolen license plate report as required in that division; definitively that substantiates an actual theft;

      (3)    If the registered owner is a motor vehicle leasing dealer or a motor vehicle renting dealer, notify the court with jurisdiction of the name and address of the lessee or renter of the motor vehicle at the time of the traffic law violation. The court shall approve the form of the notice. A motor vehicle leasing dealer or motor vehicle renting dealer who receives a ticket for an alleged traffic law violation detected by a traffic law photo-monitoring device is not liable for a ticket issued for a motor vehicle that was in the care, custody, or control of a lessee or renter at the time of the alleged violation. The dealer shall not pay such a ticket and subsequently attempt to collect a fee or assess the lessee or renter a charge for any payment of such a ticket made on behalf of the lessee or renter.

      (4)    If the vehicle involved in the traffic law violation is a commercial motor vehicle and the ticket is issued to a corporate entity, provide to the court with jurisdiction an affidavit in a form established by the court, sworn to or affirmed by an agent of the corporate entity, that provides the name and address of the employee who was operating the motor vehicle at the time of the alleged violation and who is the designated party.

      (5)    Contest the ticket by filing a written request for a court hearing to review the ticket in a form approved by the Court.

         A.   The person or entity shall file the written request not later than thirty (30) days after receipt of the ticket;

         B.   Upon timely filing, the Court shall schedule a hearing date and notify the parties of the date, time, and place of the hearing; Notice of hearing shall be provided in accordance with local court rules;

         C.   The hearing shall be held by the Court in accordance with local court rules.

         D.   The filing of a written request for hearing under this division does not stay enforcement and collection of the judgment or default judgment from which the request for hearing is taken,

         E.   The court shall charge the applicable court costs and fees for such a civil action to the party that does not prevail in the action and as otherwise provided for in O.R.C. 4511.099(A) and 4511.099(B).

   (c)   The failure to request a hearing within this time period constitutes a waiver of the right to contest the violation and ticket, and is deemed to constitute an admission of liability and waiver of the opportunity to contest the violation.

   (d)   A court with jurisdiction that receives an affidavit, described in division (A)(2)(a) or (A)(2)(b) of this section or a notification under division (B) of this section, from a registered owner may proceed to notify the local authority to send a ticket that conforms with division (B) of section 4511.097 of the Revised Code to the designated party. The local authority, or its agent, shall send the ticket to the designated party by first-class U.S. mail not later than twenty-one days after receipt of the notification. (Ord. 22-426. Passed 11-15-22; Ord. 23-364. Passed 9-20-23.)