(a) The ticket shall be processed by the City or its designee and shall be served by ordinary mail to the vehicle owner’s address as given on the motor vehicle registration from the Bureau of Motor Vehicles, or its equivalent of the state in which it is registered. The ticket shall include:
(1) The name and address of the registered owner;
(2) The letters and numerals appearing on the license plate issued to the motor vehicle;
(3) The traffic law violation charged;
(4) The system location;
(5) The date and time of the violation;
(6) A copy of the recorded image(s);
(7) The name and badge number of the law enforcement officer who was present at the system location at the time of the traffic law violation;
(8) The amount of the civil penalty imposed and the date by which the civil penalty should be paid and the address to which payment is to be sent;
(9) A statement signed by the law enforcement officer employed by City indicating that, based on an inspection of recorded images, the motor vehicles was involved in a traffic law violation, and a statement indicating that the recorded images are prima facie evidence of that traffic law violation, both of which may be signed electronically;
(10) Information advising the person or entity alleged to be liable of the options prescribed in Ohio R.C. 4511.098, specifically to include the time, place and manner in which an administrative appeal may be initiated and the procedure for disclaiming liability by submitting an affidavit as prescribed in any of those sections;
(11) A warning that failure to exercise one of the options prescribed in Ohio R.C. 4511.098 is deemed to be an admission of liability and waiver of the opportunity to contest the violation.
(12) The date of issuance of the ticket.
(b) A ticket issued under this section shall be mailed no later than thirty (30) calendar days after the alleged traffic law violation.
(c) A person or entity who receives a ticket shall elect to do one of the following:
(1) In accordance with the instruction on the ticket, pay the civil penalty, thereby failing to contest liability and waiving the opportunity to contest the traffic law violation;
(2) Within thirty days receipt of the ticket, provide the City of East Liverpool Police Department with either of the following affidavits:
A. An affidavit executed by the registered owner stating the another person was operating the vehicle of the registered owner at the time of the violation, identifying that person as a designated party who may be held liable for the violation, and containing at a minimum the name and address of the designated party; or
B. An affidavit by the vehicle owner stating that at the time of the violation, the motor vehicle or the license plates of the motor vehicle involved were stolen or were in the care, custody, and control of some person who did not have the owner’s permission to use the motor vehicle, or that the motor vehicle or license plates of the motor vehicle were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation. In order to demonstrate that the motor vehicle or license plates were stolen before the violation occurred and were not under the control or possession of the vehicle owner at the time of the violation, the vehicle owner must submit proof that a police report, incident report/general offense report about the stolen motor vehicle or license plates was filed prior to the violation or within 48 hours after the violation occurred.
(d) A registered owner is not responsible for a traffic law violation if, within thirty days after the date of mailing of the ticket, the registered owner furnishes an affidavit specified in to the City in a form established by the City and the following conditions are met:
(1) If the registered owner submits an affidavit as specified in subsection (c)(2)A. hereof, the designated party either accepts liability for the violation by paying the civil penalty or failing to request an administrative hearing within thirty days or is determined liable in an administrative hearing.
(2) If the registered owner submits an affidavit as specified in subsection (c)(2)B. hereof, the affidavit is supported by a stolen vehicle or stolen license plate report as required in that division;
(3) If the registered owner is a motor vehicle leasing dealer or a motor vehicle renting dealer, notify the City of East Liverpool Police Department of the name and address of the lessee or renter of the motor vehicle at the time of the traffic law violation. A motor vehicle leasing dealer or motor vehicle renting dealer who receives a ticket for an alleged traffic law violation detected by a traffic law photo-monitoring device is not liable for a ticket issued for a motor vehicle that was in the care, custody, or control of a lessee or renter at the time of the alleged violation. The dealer shall not pay such a ticket or tickets but may subsequently attempt to collect a fee or assess the lessee or renter a charge for any payment of such a ticket made on behalf of the lessee or renter;
(4) If the vehicle involved in the traffic law violation is a commercial motor vehicle and the ticket is issued to a corporate entity, provide to the City of East Liverpool Police Department an affidavit, sworn to or affirmed by an agent of the corporate entity, that provides the name and address of the employee who was operating the motor vehicle at the time of the alleged violation and who si the designated party.
(5) Contest the ticket by filing a written request for an administrative hearing to review the ticket. The person or entity shall file the written request not later than thirty days after receipt of the ticket. The failure to request a hearing within this time period constitutes a waiver of the right to contest the violation and ticket, and is deemed to constitute an admission of liability and waiver of the opportunity to contest the violation.
(e) In the event that the City of East Liverpool and/or East Liverpool Police Department receives from a registered owner an affidavit described in subsection (c)(2)A. or B. hereof or a notice described in subsection (d)(4) hereof, the City may proceed to send a ticket to the designated party. The City shall send the ticket to the designated party not later than twenty- one days after receipt of the affidavit or notification.
(f) A certified copy of the ticket alleging the violation of this chapter occurred, sworn to or affirmed by a law enforcement officer of the City of East Liverpool Police Department, with the recorded images produced by an automated speed enforcement system shall be prima facie evidence of the facts contained therein and shall be admissible in a proceeding alleging a traffic law violation under this chapter.
(g) Exception for emergency or public safety vehicles.
(1) The provisions of this chapter shall not apply to emergency vehicles or public safety vehicles when those vehicles are responding to emergency or call for emergency service.
(Ord. 17, 2017. Passed 2-6-17.)