(A) The owner of a vehicle shall be liable for a penalty imposed pursuant to this section if such vehicle is operated at a speed in excess of those set forth in § 73.10 of the Codified Ordinances of the Village of Elmwood Place, Ohio or R.C. § 4511.21 as each may be amended from time to time.
(B) If the motor vehicle involved in the violation is commercial motor vehicle and the notice of liability issued to a corporate entity, the corporate entity must provide to the Elmwood Place Police Department or its designee an affidavit, sworn to or affirmed by the statutory agent of the corporate entity, that:
(1) States that the person/entity named in the notice of liability was not in operation of the commercial motor vehicle at the time of the violation; and
(2) Provides the name, address, and driver's license identification number of the person who was in operation of the commercial motor vehicle at the time of the violation.
(C) The owner of the motor vehicle shall not be responsible for the violation if, within 20 calendar days from the date of issuance of the notice of liability, the owner furnishes the Elmwood Place Police Department or its designee with:
(1) The name and address of the person who leased, rented, borrowed, or otherwise had the care, custody, and control of the motor vehicle at the time of the violation, a signed affidavit sworn to before a notary public that the affiant was operating the motor vehicle, and payment of the appropriate civil penalty as set forth herein; or
(2) An affidavit by the 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 owner at the time of the violation, the 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 certified copy if the notice of liability alleging the violation of this chapter occurred, sworn to or affirmed by a duly authorized Elmwood Place Police Officer, with the recorded images produced by an automated speed enforcement system photographic system shall be prima facie evidence of the facts contained therein and shall be admissible in a proceeding alleging a violation under this chapter.
(E) Exception for emergency or public safety vehicles: 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.
(F) Exception: vehicles which are the property of the village: the provision of this chapter relating to owner liability shall not apply to a vehicle owned by the village, which is being driven by a village employee at the time of violation. In such circumstances, the employee and not the village shall be liable for the civil penalty to be incurred as a result of the violation(s).
(Ord. 09-12, passed 7-10-2012)