It shall be unlawful for any person to drive any vehicle:
A. One To Four Miles Per Hour Over The Posted Speed Limit:
1. One to four (4) miles per hour over the posted speed limit in a posted school zone;
2. One to four (4) miles per hour over the posted speed limit in a posted construction zone.
B. Five To Nine Miles Per Hour Over The Posted Speed Limit:
1. Five (5) to nine (9) miles per hour over the posted speed limit in a posted school zone;
2. Five (5) to nine (9) miles per hour over the posted speed limit in a posted construction zone.
C. Ten To Nineteen Miles Per Hour Over The Maximum Posted Speed Limit:
1. Ten (10) to nineteen (19) miles per hour over the maximum posted speed limit in a posted school zone;
2. Ten (10) to nineteen (19) miles per hour over the maximum posted speed limit in a posted construction zone.
D. Twenty To Thirty Nine Miles Per Hour Over The Posted Speed Limit:
1. Twenty (20) to thirty nine (39) miles per hour over the maximum posted speed limit in a posted school zone;
2. Twenty (20) to thirty nine (39) miles per hour over the maximum posted speed limit in a posted construction zone.
E. Forty Miles Per Hour Or More Over The Maximum Posted Speed Limit:
1. Forty (40) miles per hour or more over the maximum posted speed limit in a posted school zone;
2. Forty (40) miles per hour or more over the maximum posted speed limit in a posted construction zone.
F. AVIS Violations: It shall be a violation of this subsection for any person to drive any vehicle at a speed five (5) to twenty four (24) miles per hour above the posted speed limit in an area which is monitored by AVIS.
1. No person shall be convicted of a violation of this subsection unless:
a. The roadway monitored is: within a school zone; within a residential neighborhood; within a maintenance, construction, or repair zone; or along a street that borders a municipal park. For purposes of this section, unless the context otherwise requires, "residential neighborhood" means any block on which a majority of the improvements along both sides of the street are residential dwellings and the speed limit is thirty five (35) miles per hour or less.
b. At the time the violation is alleged to have occurred, an officer or employee of the City was present during the operation of the AVIS.
c. If the violation involves an alleged speed of between five (5) to nine (9) miles per hour above the posted speed limit in an area which is monitored by AVIS, the defendant previously received a written warning.
2. Admitted evidence produced by an AVIS showing the date, time and location at which it was generated, and showing the identity of the operator of the motor vehicle, the identity of the motor vehicle, and showing the speed of the motor vehicle to be five (5) to twenty four (24) miles per hour above the posted speed limit shall constitute prima facie evidence of a violation of this subsection. (Ord. 98-249; Ord. 00-112; Ord. 01-42; Ord. 08-222; Ord. 10-47)