§ 12-5-57. LIABILITY OF THE VEHICLE OWNER AND OPERATOR; PRESUMPTION OF LIABILITY.

(A)

Except as provided in Subsections (B) and (C), the registered owner of a vehicle is liable to the city for parking violations.

(B)

A registered owner is not liable if:

(1)

The operator assumes responsibility with the court;

(2)

The operator is actually named in the parking citation;

(3)

The registered owner files an affidavit and documents, with the court, that establish the vehicle was sold prior to the date and time of the violation;

(4)

The registered owner proves that the vehicle was operated without the owner's express or implied consent; or

(5)

The registered owner files a copy of the police report and an affidavit stating that the vehicle was stolen at the time of the violation.

(C)

A registered owner, engaged in the business of renting or leasing vehicles under written rental or leasing agreements, is not liable if, within 30 days after receiving written notice of a parking violation, the owner provides:

(1)

An affidavit stating the name, address, and driver's license number with state of issuance, of the person in possession of the vehicle at the time the parking citation was issued, or

(2)

A copy of the lease or rental agreement in effect at the time the parking citation was issued that includes the name, address, and driver's license number of the person that leased the vehicle.

(D)

A registered owner engaged in the business of renting or leasing vehicles who fails to comply with Subsection (C) is liable for civil fines, costs, and fees.

Source: Ord. 20090924-044.