(a) If a traffic law photo-monitoring device records a traffic law violation, and a law enforcement officer was present at the location of the traffic law photo-monitoring device at the time of the violation, the City of East Liverpool Police Department may issue a ticket for a civil violation in accordance with sections 4511.092 to 4511.0912 of the Ohio Revised Code.
(b) The vehicle owner shall be issued a ticket for a civil penalty if a traffic law photo- monitoring device records a traffic law violation showing that a vehicle is operated at a speed in excess of those set forth in section 4511.21 or 4511.211 of the Ohio Revised Code, provided that:
(1) For a system location that is located within a school zone or within the boundaries of a state or local park or recreation area, the City shall not issue a violation using an automated speed enforcement system unless the vehicle involved in the violation is traveling at least six miles per hour over the posted speed limit.
(2) For a system location that is located within any other location than those described in subsection (b)(1) hereof, the City shall not issue a violation using an automated speed enforcement system unless the vehicle involved in the violation is traveling at least ten miles per hour over the posted speed limit.
(c) A City of East Liverpool Police Officer shall examine evidence of alleged traffic law violations recorded by the device to determine whether such a violation has occurred. If the image recorded by the traffic law photo-monitoring device shows such a violation, contains the date and time of the violation, and shows the letter and numerals on the license plate of the vehicle involved as well as the state that issued the license plate, the officer may use any lawful means to identify the registered owner.
(d) The fact that a person or entity is the registered owner of a motor vehicle is prima facie evidence that the person or entity is the person who was operating the vehicle at the time of the traffic law violation.
(e) Within thirty days of the traffic law violation, the City of East Liverpool Police Department or its designee may issue and send by regular mail a ticket charging the registered owner with the violation. The ticket shall comply with section 4511.097 of the Ohio Revised Code.
(f) A certified copy of the ticket alleging a traffic law violation, sworn to or affirmed by a City of East Liverpool Police Officer, including by electronic means, and the recorded images produced by the traffic law photo-monitoring device, is prima facie evidence of the facts contained therein and is admissible in a proceeding for review of the ticket issued.
(Ord. 17, 2017. Passed 2-6-17.)