§ 413.031 Use of Automated Cameras to Impose Civil Penalties upon Red Light and Speeding Violators

   (a)   Civil Enforcement System Established. The City of Cleveland hereby adopts a civil enforcement system for red light and speeding offenders photographed by means of an "automated traffic enforcement camera system" as defined in division (p). This civil enforcement system imposes monetary liability on the "owner" of a vehicle as defined in division (p) for failure of an operator to stop at a traffic signal displaying a steady red light indication or for the failure of an operator to comply with a speed limitation.

   (b)   Red Light Offense – Liability Imposed. The owner of a vehicle shall be liable for the penalty imposed under this section if the vehicle crosses a marked stop line or the intersection plane at a system location when the traffic signal for that vehicle's direction is emitting a steady red light.

   (c)   Speeding Offense – Liability Imposed. The owner of a vehicle shall be liable for the penalty imposed under this section if the vehicle is operated at a speed in excess of the limitations set forth in Section 433.03.

   (d)   Liability Does Not Constitute a Conviction. The imposition of liability under this section shall not be deemed a conviction for any purpose and shall not be made part of the operating record of any person on whom the liability is imposed.

   (e)   Other Offenses and Penalties Not Abrogated. Nothing in this section shall be construed as altering or limiting Sections 433.03 or 413.03 of these Codified Ordinances, the criminal penalties imposed by those sections, or the ability of a police officer to enforce those sections against any offender observed by the officer violating either of those sections. Nothing in this section shall be construed to limit the liability of an operator of a vehicle for any violation of division (b) or (c) of this section.

   (f)   Selection of Camera Sites. The selection of the sites where automated cameras are placed and the enforcement of this ordinance shall be made on the basis of sound professional traffic engineering and law enforcement judgments. Automated cameras shall not be placed at any site where the speed restrictions or the timing of the traffic signal fail to conform to sound professional traffic engineering principles.

   (g)   Locations. The following are the locations for the Automated Traffic Enforcement Camera System:

   Locations

   Shaker Boulevard at Shaker Square
   Chester Avenue at Euclid Avenue
   West Boulevard at North Marginal Road
   Shaker Boulevard at East 116th Street
   West Boulevard at I-90 Ramp
   Chester Avenue at East 71st Street
   East 55th Street at Carnegie Avenue
   Woodland Avenue in the 4500 to 4700 block
   Euclid Avenue between Cliffview Road and Torbenson Road
   East 131st Street at Harvard Avenue
   Carnegie Avenue at East 30th Street
   Cedar Avenue at Murray Hill Road
   Grayton Road at I-480 Ramp
   Euclid Avenue at Mayfield Road
   Warren Road at I-90 Ramp
   Prospect Avenue at East 40th Street
   East 116th Street at Union Avenue
   Pearl Road at Biddulph Road
   Carnegie Avenue at East 100th Street
   Carnegie Avenue at Martin Luther King Jr. Drive
   Memphis Avenue at Fulton Road
   Lakeshore Boulevard at East 159th Street
   St. Clair Avenue at London Road
   Clifton Boulevard between West 110th Street and West 104th Street
   Chester Avenue between East 55th Street and East 40th Street
   Woodland Avenue between East 66th Street and East 71st Street
   West Boulevard between I-90 Ramp and Madison Avenue
   Lee Road between Tarkington Avenue and I-480 Ramp
   I-90 and West 41st Street
   I-90 and West 44th Street
   Woodland Avenue at East 55th Street
   Harvard Avenue at Lee Road
   Orange Avenue at East 30th Street
   Chester Avenue at East 105th Street
   St. Clair Avenue at East 152nd Street
   Kinsman Road at East 93rd Street
   Lee Road at Miles Road
   Stokes Boulevard at Cedar Avenue
   West 25th Street at Clark Avenue
   I-490 at East 55th Street
   Pearl Road at Denison Avenue
   Broadview Road at Brookpark Road
   West 65th Street and Clark Avenue
   St. Clair Avenue at East 105th Street
   Woodland Avenue at East 30th Street
   Lorain Avenue at West 65th Street
   Broadview Road at Spring Road
   St. Clair Avenue at East 55th Street
   Puritas Avenue at West 150th Street
   Martin Luther King Jr. Drive at East 105th Street
   East 105th Street and Superior Avenue
   East 156th Street and Waterloo Road
   Neff Road and East 185th Street

   The Director of Public Safety shall cause the general public to be notified by means of a press release issued at least thirty (30) days before any given camera is made fully operational and is used to issue tickets to offenders. Before a given camera issues actual tickets, there shall be a period of at least two (2) weeks, which may run concurrently with the thirty (30) day public-notice period, during which only "warning" notices shall be issued.

   At each site of a red light or fixed speed camera, the Director of Public Works shall cause signs to be posted to apprise ordinarily observant motorists that they are approaching an area where an automated camera is monitoring for red light or speed violators. Mobile speed units shall be plainly marked vehicles.

   (h)   Notices of Liability. Any ticket for an automated red light or speeding system violation under this section shall:

      (1)   Be reviewed by a Cleveland police officer;

      (2)   Be forwarded by first-class mail or personal service to the vehicle's registered owner's address as given on the state's motor vehicle registration, and

      (3)   Clearly state the manner in which the violation may be appealed.

   (i)   Penalties. Any violation of division (b) or division (c) of this section shall be deemed a noncriminal violation for which a civil penalty shall be assessed and for which no points authorized by RC 4507.021 ("Point system for license suspension") shall be assigned to the owner or driver of the vehicle.

   (j)   Ticket Evaluation, Public Service, and Appeals. The program shall include a fair and sound ticket-evaluation process that includes review by the vendor and a police officer, a strong customer-service commitment, and an appeals process that accords due process to the ticket respondent and that conforms to the requirements of the Ohio Revised Code.

   (k)   Appeals. A notice of appeal shall be filed with the Hearing Officer within twenty-one (21) days from the date listed on the ticket. The failure to give notice of appeal or pay the civil penalty within this time period shall constitute a waiver of the right to contest the ticket and shall be considered an admission.

   Appeals shall be heard by the Parking Violations Bureau through an administrative process established by the Clerk of the Cleveland Municipal Court. At hearings, the strict rules of evidence applicable to courts of law shall not apply. The contents of the ticket shall constitute a prima facie evidence of the facts it contains. Liability may be found by the hearing examiner based upon a preponderance of the evidence. If a finding of liability is appealed, the record of the case shall include the order of the Parking Violations Bureau, the ticket, other evidence submitted by the respondent or the City of Cleveland, and a transcript or record of the hearing, in a written or electronic form acceptable to the court to which the case is appealed.

   Liability shall not be found where the evidence shows that the automated camera captured an event that is not an offense, including each of the following events and such others as may be established by rules and regulations issued by the Director of Public Safety under the authority of division (n) of this section:

      (1)   The motorist stops in time to avoid violating a red light indication;

      (2)   The motorist proceeds through a red light indication as part of funeral procession;

      (3)   The motorist is operating a City-owned emergency vehicle with its emergency lights activated and proceeds through a red light indication or exceeds the posted speed limitation;

      (4)   The motorist is directed by a police officer on the scene contrary to the traffic signal indication.

   Liability shall also be excused if a vehicle is observed committing an offense where the vehicle was stolen prior to the offense and the owner has filed a police report.

   The Director of Public Safety, in coordination with the Parking Violations Bureau, shall establish a process by which a vehicle owner who was not the driver at the time of the alleged offense may, by affidavit, name the person who the owner believes was driving the vehicle at the time. Upon receipt of such an affidavit timely submitted to the Parking Violations Bureau, the Bureau shall suspend further action against the owner of the vehicle and instead direct notices and collection efforts to the person identified in the affidavit. If the person named in the affidavit, when notified, denies being the driver or denies liability, then the Parking Violations Bureau shall resume the notice and collection process against the vehicle owner, the same as if no affidavit had been submitted, and if the violation is found to have been committed by a preponderance of evidence, the owner shall be liable for any penalties imposed for the offense.

   A decision in favor of the City of Cleveland may be enforced by means of a civil action or any other means provided by the Ohio Revised Code.

   (l)   Evidence of Operation. It is prima facie evidence that the person registered as the owner of the vehicle with the Ohio Bureau of Motor Vehicles, or with any other state vehicle registration office, or in the case of a leased or rented vehicle, the "lessee" as defined in division (p), was operating the vehicle at the time of the offenses set out in divisions (b) and (c) of this section.

   (m)   Program Oversight. The Director of Public Safety shall oversee the program authorized by this section. The Director of Public Works shall oversee the installation and maintenance of all automated cameras. An encroachment permit shall be authorized in the legislation in which locations are selected.

   (n)   Rules and Regulations. The Director of Public Safety may issue rules and regulations to carry out the provisions of these sections, which shall be effective thirty (30) days after publication in the City Record.

   (o)   Establishment of Penalty. The penalty imposed for a violation of division (b) or (c) of this section shall be follows:

 

413.031(b)    All violations	$100.00
413.031(c)    Up to 24 mph over the speed limit:    25 mph or more over the speed limit:    Any violation of a school or construction zone speed limit:	$100.00 $200.00 $200.00

 

   Late penalties: for both offenses, if the penalty is not paid within twenty (20) days from the date of mailing of the ticket to the offender, an additional twenty dollars ($20.00) shall be imposed, and if not paid within forty (40) days from that date, another forty dollars ($40.00) shall be imposed, for a total additional penalty in such a case of sixty dollars ($60.00).

   (p)   Definitions. As used in this section:

      (1)   "Automated traffic enforcement camera system" means an electronic system consisting of a photographic, video, or electronic camera and a vehicle sensor installed to work alone or in conjunction with an official traffic controller and to automatically produce photographs, video, or digital images of each vehicle violating divisions (b) or (c).

      (2)   "Lessee" includes renter and means:

         A.   the person identified as a vehicle lessee or renter by a motor vehicle leasing dealer or motor vehicle renting dealer pursuant to RC 4511.092 and further identified by the dealer as the person having care, custody or control of the vehicle at the time of a violation of divisions (b) or (c); or

         B.   the person identified as the lessee or as an additional owner of a vehicle in the records of the Ohio Bureau of Motor Vehicles or the records of any other state motor vehicle bureau.

      (3)   "System location" means the approach to an intersection or a street toward which a photographic, video or electronic camera is directed and is in operation. It is the location where the automated camera system is installed to monitor offenses under this section.

      (4)   "Vehicle owner" or "owner" means the person or entity identified by the Ohio Bureau of Motor Vehicles, or registered with any other State vehicle registration office, as the registered owner of a vehicle, or in the case of a leased or rented vehicle, the "lessee".

(Ord. No. 1072-13. Passed 8-14-13, eff. 8-16-13)