City of Columbus v. Webster

170 Ohio St. (N.S.) 327
CourtOhio Supreme Court
DecidedFebruary 10, 1960
DocketNo. 35953
StatusPublished

This text of 170 Ohio St. (N.S.) 327 (City of Columbus v. Webster) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Columbus v. Webster, 170 Ohio St. (N.S.) 327 (Ohio 1960).

Opinion

Matthias, J.

The question before this court is the validity of Section 27.334 of the Columbus Municipal Code (now Section 2151.06 of the Columbus Traffic Code) which reads as follows:

“If any vehicle is found upon a street, highway, alley, park or other public grounds of the city in violation of any provision of this chapter, or any ordinance of this city, regulating the ■ stopping or standing or parking of vehicles, and the identity ' of the driver cannot be determined, the owner, or person in whose name such vehicle is registered shall be held prima facie responsible for such violation. ’ ’

The defendant alleges that this section constitutes a “rule , of evidence ’ ’ and is invalid because municipalities have no power to create such rules. Defendant contends also that the" ordinance in question is invalid because it is in direct conflict with defendant’s presumption of innocence.

Thus the issue before this court is whether a municipality, in those instances in which the identity of a parking violator cannot be determined, may make the owner of the motor vehicle prima facie responsible for its being illegally parked without proof that such owner parked the vehicle himself or that it was parked with his knowledge and consent.

The advent of the automobile created many problems theretofore unknown to the "law. Due to the potential dangers arising not only from its operation but also from its storage on the public streets a class of crimes has arisen which through neces-j sity require neither guilty knowledge nor intent. Intent is only an element of a crime if it is made so by statute. Many crimes [329]*329may be committed without the ordinary prerequisite of criminal intent. Examples of such crimes include violations of the pure food and drug laws, the child labor laws, certain building regulations, and certain liquor control regulations. Such crimes are mostly mala prohibita in nature and as such require no guilty knowledge or intent. State v. Kelly, 54 Ohio St., 166, 43 N. E., 163; Portage Markets Co. v. George, 111 Ohio St., 775, 146 N. E., 283; State v. Rippeth, 71 Ohio St., 85, 72 N. E., 298; Kendall v. State, 113 Ohio St., 111, 148 N. E., 367; State v. Morello, 169 Ohio St., 213, 158 N. E. (2d), 525.

While it is true that ordinarily an owner of property is not responsible for the illegal use of that property by another person, there are instances in which the law has placed primary responsibility for the use of property upon the owner. An example is the responsibility of the keeper of a place where liquor is sold for violations of the liquor laws by employees of such place. See Section 4399.09, Revised Code. In the prosecution of a violator of this statute, the state need only prove that the defendant was the keeper of the place, and that intoxicating liquors were unlawfully sold therein. In such a prosecution orders or directions given to employees are not material, nor is actual knowledge of the keeper of the premises that intoxicating liquors were unlawfully sold therein important. Mignery v. State, 10 Ohio App., 232. Thus, because of the nature of the offense and because of the importance of effective enforcement, the Legislature found it necessary to impose vicarious criminal responsibility for a violation of this provision of the liquor laws.

Of the many problems which have arisen from the use of automobiles that of parking such vehicles in metropolitan areas is one of the most pressing. The General Assembly realizing that parking is primarily a matter of local concern enacted Section 4511.07, Revised Code, which reads in part as follows:

“Sections 4511.01 to 4511.78, inclusive, 4511.99 and 4513.01 to 4513.37, inclusive, of the Revised Code do not prevent local authorities from carrying out the following activities with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power:

“ (A) Regulating the stopping, standing, or parking of vehicles * * * ”

[330]*330The Constitution of this state, in Section 3, Article XVIII, states:

“Municipalities shall have authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary and other similar regulations, as are not in conflict with general laws.” (Emphasis added.)

Hence, our Constitution gives to municipalities the broad authority to adopt police regulations (city ordinances) which are not in conflict with general laws. Not only is the ordinance in question not in conflict with such laws, it is in fact authorized by Section 4511.07, Revised Code, quoted above.

In consequence, the regulation of parking has been left primarily to municipalities. Since such entities have the power to regulate parking, it follows that they must also have the power to enforce such regulations.

It is in the field of enforcement of parking regulations that the great problem has arisen. Unlike most motor-vehicle law violations, where the operator is apprehended at the time of the performance of the act, it is indeed the rare instance in which a police officer is in a position to apprehend the parking offender at the time of the violation. Most parking tickets are issued at a time when the operator is absent. Thus, under most circumstances, it is virtually impossible for a city to prove what person actually parked the vehicle; yet due to the hazards which arise from illegal parking it is imperative that such regulations be enforced.

This problem has been met by many municipalities by the enactment of ordinances which make proof of illegal parking and registered ownership prima facie evidence that the vehicle was parked by the owner. In the great majority of instances these ordinances have been upheld. (49 A. L. R. [2d], 456.) In other instances, courts have determined that even without such an ordinance proof of the parking and ownership is sufficient to make a prima facie case against the owner. (49 A. L. R. [2d], 458.)

The city of Columbus, however, has approached the problem in a different manner. We think, in the present instance, that defendant has misinterpreted the meaning of the ordinance here in issue. An examination of that ordinance clearly shows [331]*331that it creates no “rule of evidence,” nor does it affect defendant’s presumption of innocence. The ordinance merely places prima facie responsibility for the illegal parking of a motor vehicle on the public streets upon the owner of such vehicle. It thus places the responsibility upon the person who is in the best position to know the identity of the operator. The court in the case of City of St. Louis v. Cook, 359 Mo., 270, 221 S. W. (2d), 468, in dealing with an ordinance similar to the one at bar, stated:

“The connection between the registered owner of an automobile and its operation is a natural one. While there are no doubt instances where an owner’s automobile is used without his authorization, yet it is not generally so. If, in fact, defendant’s vehicle was parked at the time without any authorization from defendant, such fact was peculiarly within defendant’s knowledge and, if defendant had desired, the fact could have been easily proved. * * * The ordinance does not make any inferred fact conclusive.

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Related

City of St. Louis v. Cook
221 S.W.2d 468 (Supreme Court of Missouri, 1949)
Gulla v. Straus
93 N.E.2d 662 (Ohio Supreme Court, 1950)
Portage Markets Co. v. George
146 N.E. 283 (Ohio Supreme Court, 1924)
Kendall v. State
148 N.E. 367 (Ohio Supreme Court, 1925)
Mt. Nebo Baptist Church v. Cleveland Crafts Co.
93 N.E.2d 668 (Ohio Supreme Court, 1950)
People v. Hildebrandt
126 N.E.2d 377 (New York Court of Appeals, 1955)
Commonwealth v. Ober
189 N.E. 601 (Massachusetts Supreme Judicial Court, 1934)
Mignery v. State
10 Ohio App. 232 (Ohio Court of Appeals, 1917)

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Bluebook (online)
170 Ohio St. (N.S.) 327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-columbus-v-webster-ohio-1960.