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58-10 Amend Chpt 309, Parking Violations Bureau
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58-10 Amend Chpt 309, Parking Violations Bureau
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Last modified
5/14/2013 3:19:05 PM
Creation date
7/30/2010 4:45:24 AM
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Office Of Council
Document Type
Ordinances
Date Adopted
7/29/2010
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(1) The owner answers the charge of the Parking Infraction under <br />Sections 309.04 or 309.05 of this Code, the answer denies that they committed such <br />infraction and requests a hearing concerning such infraction, the owner additionally <br />asserts and provides reasonable evidence at that time to prove that the vehicle, at the <br />time of the commission of the Parking Infraction, was being used by the operator <br />without the owner's expressed or implied consent, or the Parking Violations Bureau <br />determines that the vehicle was being used without the owner's expressed or implied <br />consent at that time. <br />If the Parking Violations Bureau does not so determine, it shall conduct the <br />hearing concerning such infraction according to Section 309.06 of this Code. <br />(2) The owner answers the charge of the Parking Infraction under <br />Section 309.04 or 309.05 of this Code, the answer denies that he .committed the <br />Parking Infraction, the owner additionally submits evidence at that time that proves <br />that, at the time of the alleged` commission of the infraction, the owner was engaged in <br />the business of renting or leasing vehicles under written rental or lease agreements, <br />and the owner additionally submits evidence that proves that, at the time of the alleged <br />commission of the Parking Infraction, the vehicle in question was in the care, custody or <br />control of a person other than the owner pursuant to a written rental or lease <br />agreement. If the owner does not so prove, the Parking Violations Bureau shall <br />conduct a hearing relative to such infraction according to Section 309.06 of this Code. <br />(3) The owner, at a hearing concerning the Parking Infraction <br />conducted in accordance with Section 309.06 of this Code, proves that the vehicle, at <br />the time of the Parking Infraction, was being used by the operator without the owner's <br />express. or implied consent or proves the facts described in Subsection (A)(2) of this <br />Section. <br />(B) An owner of a vehicle who is engaged in the business of renting or leasing <br />vehicles under written rental or lease agreements, is not liable for any penalties arising <br />out of a Parking Infraction involving the vehicle if at the time of the commission of the <br />Parking Infraction, the vehicle was in the care, custody or control of a person other <br />than the owner pursuant to a written rental or lease agreement, and if the owner <br />answers the charge of the Parking Infraction by denying that they committed the <br />Parking Infraction or by paying the fine arising out of the Parking Infraction within thirty <br />(30) days. after actual receipt of the parking ticket charging such infraction or, if the <br />owner did not receive the parking ticket within thirty (30) days after receipt of <br />notification of infraction. <br />(C) Proof that the vehicle was in the care, custody or control of a person other <br />than the owner pursuant to a written rental or lease agreement at the time of the <br />alleged Parking Infraction shall be established by sending a true copy of the rental or <br />~ 1- <br />
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