(a) Automated traffic-control violation system - civil violation.
(1) Notwithstanding any other provision of this Chapter 313, Traffic-Control Devices, and Chapter 333, DUI; Willful Misconduct; Speed, the city hereby adopts a civil enforcement system for traffic signal, sign and speeding violations as outlined in this section. Said system imposes monetary liability on the owner of a vehicle for failure of the vehicle operator to comply with traffic control indications and speed limits in the city in accordance with the provisions of this section. This section shall be enforceable as an alternative to enforcement of criminal sanctions under Chapters 313 and 333 of the codified ordinances, and the Ohio Revised Code.
(2) The Police Department, assisted by the Service Department and the Department of Law, shall be responsible for administering the Automated Traffic-Control Violation System. Specifically, the city shall be empowered to install video and electronic traffic control and speeding detection systems within the city. The Police Department shall also maintain a list of system locations where traffic control and speeding detection systems are installed, and shall make the determination as to which locations will be utilized.
(3) Any citation for an automated traffic control violation system violation pursuant to this section, known as a “notice of liability” shall:
A. Be processed by officials or agents of the Police Department;
B. 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
C. Clearly state the manner in which the violation may be appealed.
(b) Definitions.
(1) AUTOMATED TRAFFIC- CONTROL VIOLATION SYSTEM
. The equivalent of
TRAFFIC-CONTROL SIGNAL MONITORING DEVICE
or
TRAFFIC-CONTROL PHOTOGRAPHIC SYSTEM
. Said system/device is 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 a traffic-control signal device or speed limit.
(2) IN OPERATION.
Operating in good working condition.
(3) SYSTEM LOCATION.
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.
The person or entity identified by the state’s Bureau of Motor Vehicles, or registered with any other state vehicle registration office, as the registered owner of a vehicle.
(c) Offense.
(1) The owner of a vehicle shall be liable for a civil monetary penalty imposed pursuant to this section if such vehicle crosses a marked stop line or the intersection plane at a system location when the traffic signal facing that vehicle’s direction is emitting a steady red light.
(2) The owner of a vehicle shall be liable for a civil monetary penalty imposed pursuant to this section if such vehicle is operated at a speed in excess of those set forth in § 333.03 of this city’s codified ordinances or by the R.C. § 4511.21.
(3) It is prima facie evidence that the person registered as owner of the vehicle with the state’s Bureau of Motor Vehicles (or with any other state or county vehicle registration office) was operating the vehicle at the time of the offense set out in division (c)(1) above.
(4) Notwithstanding above (c)(3) above, the owner of the vehicle shall not be responsible for the violation if, within 21 days from the date listed on the “notice of liability”, as set forth in division (a)(3) above, the owner furnishes the Hearing Officer:
A. An affidavit stating the name and address of the person or entity who leased, rented or otherwise had the care, custody and control of the vehicle at the time of the violation; or
B. A law enforcement incident report/general offense report from any state or local law enforcement agency/record bureau stating that the vehicle involved was reported stolen before the time of the violation.
(5) An imposition of liability under the section shall not be deemed a conviction as an operator and shall not be made part of the operating record of whom such liability is imposed.
(6) Nothing in this section shall be construed to limit the liability of an operator of a vehicle for any violation of divisions (c)(1) or (c)(2) above.
(7) This section shall not apply to violations involving vehicle collisions.
(d) Penalty; administrative appeal.
(1) Any violation of division (c)(1) above shall be deemed a noncriminal violation for which a civil penalty of $105 shall be assessed and for which no points authorized by R.C. § 4510.036 (point system for license suspension) shall be assigned to the owner or driver of the vehicle.
(2) Any violation of division (c)(2) above shall be deemed a noncriminal violation for which a civil penalty of $95 shall be assessed and for which no points authorized by R.C. § 4510.036 (point system for license suspension) shall be assigned to the owner or driver of the vehicle.
(3) The city may establish procedures for the collection of the civil penalties imposed herein, and may enforce the penalties by a civil action in the nature of a debt.
(4) A notice of appeal shall be filed with the Hearing Officer within 21 days from the date listed on the “notice of liability”. 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 citation and will be considered an admission. Appeals shall be heard through an administrative process established by the city. A decision in favor of the city may be enforced by means of a civil action or any other means provided by the Ohio Revised Code.
(Ord. 07-06, passed 2-8-2006; Ord. 07-18, passed 5-31-2018)