Gardner v. City of Columbus

841 F.2d 1272
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 14, 1988
DocketNo. 87-3302
StatusPublished
Cited by17 cases

This text of 841 F.2d 1272 (Gardner v. City of Columbus) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gardner v. City of Columbus, 841 F.2d 1272 (6th Cir. 1988).

Opinion

CONTIE, Senior Circuit Judge.

Appellants, William Gardner, Kenneth Bauman, Jim Brady and Foggy Daze International, Inc., appeal from the judgment of the district court in favor of the City of [1274]*1274Columbus, the city treasurer, and the clerk of the Parking Violations Bureau (PVB)1 in their suit challenging the constitutionality of Chapter 2150 of the Columbus City Code.2 For the following reasons, we affirm the judgment of the district court.

I.

The facts in this case were not in dispute. The parties submitted agreed stipulated facts and exhibits to the district court. The court then made the following findings.

Prior to March 1, 1983, the City of Columbus enforced its parking regulations through the use of criminal penalties. Individuals who violated city parking regulations faced criminal minor misdemeanor charges, adjudication of which was made by the Franklin County Municipal Court.

On January 1, 1983, Chapter 4521 and § 4511.07 of the Ohio Revised Code became effective. Those statutory provisions authorized municipalities and local authorities to enact ordinances, resolutions, or regulations for the standing and parking of vehicles which treat violations of such ordinances in a non-criminal manner. If such ordinances are enacted, the legislation provides a framework for enforcement of the regulations. Local authorities are authorized to establish fines for violations and penalties for failure to timely answer the charges. Such ordinances must specify that any violation thereof “shall not be considered a criminal offense for any purpose.” Ohio Rev.Code Ann. § 4521.02(A) (Page 1982). The maximum fines and penalties imposed may not exceed one hundred dollars plus costs and administrative charges.

In response to the state legislation, the City of Columbus enacted Chapter 2150 of the Columbus City Code, which became effective on March 1, 1983. The Code abolished criminal penalties for parking violations and set forth civil monetary penalties for parking infractions. Chapter 2150 created the PVB, a subdivision of the City Treasurer’s office, to enforce city parking ordinances in a non-criminal manner. Columbus City Code § 2150.04. The PVB is not a court, its hearing officers are not judges, and its clerk is not a clerk of court. The PVB operates within the procedural framework established by Chapter 4521 of the Ohio Revised Code and Chapter 2150 of the Columbus City Code.

Since its creation in March 1983, the clerk of the PVB has enforced Columbus parking ordinances by making administrative determinations and assessing and collecting civil penalties, fees, and costs for parking violations. The PVB makes assessments not only for infractions committed subsequent to March 1, 1983, but also for infractions committed up to three years prior to that date. In enforcing parking violations, it follows the procedures set forth in the following paragraphs.

The enforcement of parking regulations is initiated when a Columbus Police Officer or a Parking Ticket Attendant observes a parking violation. The officer or attendant issues a parking ticket setting forth the infraction, make and license number of the vehicle, as well as the time, date, and location of the infraction. The ticket has three copies. One copy is given to the operator of the vehicle or is affixed to the vehicle in a conspicuous place. One copy of the ticket is maintained in the records of the PVB. The original copy is used to record the information on a computer tape and is returned to the PVB. The computer tapes are sent to Datacom, which provides notice and data services to the city.

If the owner or operator does not pay the fine specified or otherwise answer within ten days of the issuance of the ticket, a two dollar penalty is assessed. Approximately six weeks later, Datacom mails a notification of infraction to the last known address of the owner or operator, which is obtained from the Ohio Bureau of Motor Vehicles. [1275]*1275The notification contains the following statements:

The records of the parking administrator indicate that you have failed to respond to the parking ticket infraction issued to a vehicle registered in your name and as identified above. You must pay the total due, or deny the parking infraction: explain the circumstances of the parking infraction: and/or request a hearing in writing.
If you fail to answer or to appear at a hearing within 30 days a default judgment may be entered against you with all fines, penalties, fees and costs according to law.
You may pay in person by check, money order, Visa at the above address.

If the post office returns a notice as undeliverable, no further action is taken unless a new address is obtained.

If the fine and penalty are not paid or the individual does not otherwise answer within thirty days after the notification is mailed, an additional four dollar penalty is assessed. Datacom sends an impending judgment notice to the owner or operator which contains the following language:

Failure to timely answer the parking infraction(s) identified in this notification within 10 days may result in the imposition of an additional penalty for each parking infraction, and shall be considered an admission of guilt and a default judgment in the amount of the fine, penalties, fees and costs due may be entered against you in Franklin County Municipal Court. If you have 5 or more judgments unpaid against you, your vehicle may be eligible to be booted and/or towed. All according to the laws of the State of Ohio and section 2150.060 and 2150.028 of the 1983 Columbus City Code.

In the event that no response is forthcoming, the following final prejudment notice is sent:

Records of the Parking Violations Bureau indicate that you have ignored previous notice(s) of delinquent parking violations for a vehicle registered in your name, or failed to appear for a scheduled hearing. Unless you respond within ten (10) days of the date of this notice a civil judgement [sic] will be filed in Franklin County Municipal Court, and an additional $10.00 per ticket court cost will be added. No partial or time payments will be accepted.

An owner or operator of a ticketed vehicle may file an answer with the PVB at any time prior to the filing of a judgment with the Franklin County Municipal Court. The answer may admit the commission of an infraction with or without an explanation of the circumstances in mitigation, or may deny the commission of an infraction and request a hearing. If the infraction is admitted and the fine is paid, a receipt is issued and retained in the PVB’s files. If an infraction is admitted and a written explanation is presented, the Clerk and designated employees review the explanation to determine if mitigation is warranted. The PVB may or may not reduce or eliminate the fines, and the individual is notified by mail of the determination. Its determination on mitigation and the amount of the fine is treated as if it were a judgment that had been rendered subsequent to a hearing. Columbus City Code § 2150.05(B)(2).

If an individual denies the commission of a parking infraction, the PVB conducts a hearing in which licensed Ohio attorneys act as hearing officers.3

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841 F.2d 1272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gardner-v-city-of-columbus-ca6-1988.