(a) The Village shall not use traffic law photo-monitoring devices to enforce any traffic law violation until after it has done both of the following:
(1) Erected signs on every highway that is not a freeway that is part of the state highway system and that enters the municipality informing inbound traffic that the municipality utilizes traffic law photo-monitoring devices to enforce traffic laws;
(2) Beginning on March 19, 2015, erected signs at each fixed system location informing motorists that a traffic law photo-monitoring device is present at the location.
The Village shall erect the signs within the first 300 feet of the boundary of the or within 300 feet of the fixed system location, as applicable. If the signs cannot be located within the first 300 feet of the boundary of the Village or within 300 feet of the fixed system location, the Village shall erect the signs as close to that distance as possible. If a particular highway enters and exits the territory of the municipality multiple times, the municipality shall erect the signs as required by division (a)(1) of this section at the locations in each direction of travel where inbound traffic on the highway first enters the territory of the municipality and is not required to erect additional signs along such highway each time the highway reenters the territory of the municipality. The municipality is responsible for all costs associated with the erection, maintenance, and replacement, if necessary, of the signs. The Village shall ensure that all signs erected under this division shall conform in size, color, location, and content to standards contained in the manual adopted by the Department of Transportation pursuant to Ohio R.C. 4511.09 and shall remain in place for as long as the municipality utilizes traffic law photo-monitoring devices to enforce any traffic law.
(b) A ticket issued by or on behalf of the municipality for any traffic law violation based upon evidence recorded by a traffic law photo-monitoring device is invalid under the following circumstances:
(1) If the ticket was issued after March 12, 2009, but before the signs required under division (a)(1) of this section were erected;
(2) If the ticket was issued after the effective date but before the signs required under division (a)(2) were erected.
However, if the Village is in substantial compliance with the requirements of division (a)(1) or (a)(2) of this section, as applicable, a ticket issued by the municipality is valid.
(c) The municipality is deemed to be in substantial compliance with the requirements of division (a)(1) or (a)(2) of this section, as applicable, to erect the advisory signs if the municipality does both of the following:
(1) First erects all signs as required by division (a)(1) or (a)(2) of this section, as applicable, and subsequently maintains and replaces the signs as needed so that at all times at least 90% of the required signs are in place and functional;
(2) Annually documents and, upon request, certifies its compliance with division (c)(1) of this section.
(d) If the municipality uses traffic law photo-monitoring devices to detect or enforce any traffic law violation at an intersection where traffic is controlled by traffic control signals that exhibit different colored lights or colored lighted arrows, the municipality shall time the operation of the yellow lights and yellow arrows of those traffic control signals so that the steady yellow indication exceeds by one second the minimum duration for yellow indicators at similar intersections as established by the provisions of the manual adopted by the Department of Transportation under Ohio R.C. 4511.09.
(Ord. 2015-15. Passed 2-11-15.)