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(A) Notwithstanding any other provision of this traffic code, the village hereby adopts a civil enforcement program for automated speed enforcement system violations as outlined in this section. Said program imposes monetary liability on the owner of a vehicle for failure of an operator thereof to strictly comply with the posted speed limit in school zones or streets or highways within the village.
(B) The Elmwood Place Police Department shall be responsible for administering the automated speed enforcement program. Specifically, the Elmwood Place Police Department shall be empowered to install and operate the automated speed enforcement system within the village using trained technicians who may or may not be police officers, Police Department employees, or other trained technicians who are not employees of the Elmwood Place Police Department.
(C) Any citation for an automated speed system violation pursuant to this section, known as a "notice of liability" shall:
(1) Be approved by officials or agents of the village;
(2) 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
(3) Clearly state the manner in which the violation may be appealed.
(Ord. 09-12, passed 7-10-2012)
(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)
(A) The notice of liability shall be processed by the Elmwood Place Police Department or its designee and shall be served by ordinary mail to the owner's address as given on the motor vehicle registration from the Bureau of Motor Vehicles, or its equivalent, of the state registered. The notice of liability shall include:
(1) The name and address of the registered owner of the motor vehicle;
(2) The license plate number of the motor vehicle involved in the violation;
(3) The violation charged;
(4) The location of the violation;
(5) The date and time of the violation;
(6) A copy of the recorded image(s);
(7) The amount of the civil penalty imposed and the date by which the civil penalty should be paid and where the payment should be made;
(8) Information advising the person alleged to be liable of the options as provided in § 77.03; and
(9) The time, place, and manner in which an administrative appeal can be initiated and a warning that failure to exercise the options provided under § 77.06 in a timely manner is an admission of liability.
(B) A notice of liability issued under this chapter shall be mailed no later than 15 calendar days after the alleged violation.
(C) Except as provided under § 77.03(C), the Elmwood Place Police Department or its designee may not mail a notice of liability to a person who is not the owner of the motor vehicle.
(D) It is prima facie evidence that the person registered as the owner of the vehicle with the Ohio Bureau of Motor Vehicles (or with any other state vehicle registration office) was operating the vehicle at the time of the offense set out in § 77.03(B) and (C).
(E) Nothing in this section shall be construed to limit the liability of an owner of a vehicle for any violation of § 77.03(B) or (C).
(Ord. 09-12, passed 7-10-2012)
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