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(a) A Law Enforcement Officer prior to the issuance of any Ticket shall examine all the evidence of the alleged Traffic Law Violation recorded by a traffic law photo-monitoring device to determine whether such a violation has occurred. If the image recorded by a 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 Law Enforcement Officer may use any lawful means to identify the Registered Owner.
(b) The fact that a person or entity is the Registered Owner of a motor vehicle is prima facie
evidence that person or entity is the person who was operating the vehicle at the time of the Traffic Law Violation.
(c) A certified copy of the Ticket alleging a Traffic Law Violation, sworn to or affirmed by a Law Enforcement Officer, including the electronic means, and the Recorded Images produced by traffic law photo-monitoring device on the date and at the time and the location where a violation occurred, is prima facie evidence of the facts contained therein and is admissible in a proceeding for review of the Ticket issued under this Chapter.
(Ord. 2021-36. Passed 1-11-22.)
(a) The Registered Owner shall be liable for a civil penalty imposed pursuant to this Chapter if such vehicle is operated at a speed in excess of those set forth in Section 334.03 of the Village's Codified Ordinances or Ohio Revised Code Sections 4511.21 or 4511.211, as each may be amended from time to time.
(b) A Traffic Law Violation for which a Ticket is issued by the Village pursuant to this Chapter is a civil violation.
(c) The Village or its designee shall process such a Ticket for a civil violation and shall send the Ticket by ordinary mail to any Registered Owner of the motor vehicle that is the subject of the Traffic Law Violation. The Village or its designee shall ensure that the Ticket contains all of the following:
(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 date, time, and location of the Traffic Law Violation;
(5) The System location;
(6) A copy of the images recorded by the traffic law photo-monitoring device;
(7) The amount of the civil penalty imposed, the date by which the civil penalty is required to be paid, and the address to which the payment is to be sent and/or other means of payment;
(8) A statement signed by a Law Enforcement Officer indicating that, based on an inspection of Recorded Images, the motor vehicle was involved in a Traffic Law Violation, and that the Recorded Images are prima facie evidence of that Traffic Law Violation, which statement may be signed electronically;
(9) Information advising of the options prescribed in Section 318.05(a), specifically to include the time, place, and manner to contest a violation and any necessary forms to do so, and the procedure for disclaiming liability by submitting an affidavit as prescribed in this Section 318.05(a)(3); and
(10) A warning that failure to exercise one of the options prescribed in Section 318.05(a) is deemed to be an admission of liability and waiver of the opportunity to contest the violation.
(d) The Village or its designee shall send the Ticket by ordinary mail not later than thirty (30) days after the date of the alleged Traffic Law Violation.
(e) The Village or its designee may elect to send, by ordinary mail not later than thirty (30) days after the date of the alleged Traffic Law Violation, a warning notice in lieu of a Ticket under this Chapter. (Ord. 2021-36. Passed 1-11-22.)
(a) A person or entity who receives a Ticket for a Traffic Law Violation sent in compliance with Section 318.04 shall elect to do one of the following within thirty (30) days of the mailing date of the Ticket:
(1) In accordance with instructions on the Ticket, pay the civil penalty, thereby failing to contest liability and waiving the opportunity to contest the violation; or
(3) The Registered Owner may provide the Village Police Department with one of the following affidavits or requisite notification:
A. An affidavit executed by the Registered Owner stating that another person was operating the vehicle of the Registered Owner at the time of the violation, identifying that person as a Designated Party who shall be held liable for the violation, and containing at a minimum the name and address of the Designated Party; or
B. An affidavit executed by the Registered Owner stating that at the time of the violation, the motor vehicle or the license plates issued to the motor vehicle were stolen and therefore were in the care, custody, or control of some person or entity to whom the Registered Owner did not grant permission to use the motor vehicle. In order to demonstrate that the motor vehicle or the license plates were stolen prior to the Traffic Law Violation and therefore were not under the control or possession of the Registered Owner at the time of the violation, the Registered Owner shall submit proof that a report about the stolen motor vehicle or license plates was filed with the appropriate law enforcement agency prior to the Traffic Law Violation or within forty-eight (48) hours after the Traffic Law Violation occurred; or
C. If the Registered Owner is a corporate entity, 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 Traffic Law Violation and who is the Designated Party; or
D. If the Registered Owner is a Motor Vehicle Leasing Dealer or a Motor Vehicle Renting Dealer, written notification of the name and address of the lessee or renter of the motor vehicle at the time of the Traffic Law Violation and who is the Designated Party. Neither the Motor Vehicle Leasing Dealer nor the Motor Vehicle Renting Dealer shall pay such a Ticket and subsequently attempt to collect a fee or assess the lessee or renter for any payment of such a Ticket made on behalf of the lessee or renter.
(b) When the Village Police Department receives an affidavit described in Section 318.05(a)(3)A., B., or C. of this section or a notification under Section 318.05(a)(3)D. of this section from a Registered Owner, the Village or its designee may proceed to send a Ticket that conforms with the requirements set forth in Section 318.04 to the Designated Party. The Village or its designee shall send the Ticket to the Designated Party by ordinary mail not later than twenty-one (21) days after receipt of the affidavit or notification.
(c) A Registered Owner shall not be responsible for a Traffic Law Violation if, within thirty
(30) days after the date of mailing of the Ticket, the Registered Owner furnishes either an affidavit or the notification specified in subsection (a)(3) above, to the Village Police Department and one of the following conditions is met:
(1) Under Section 318.05(a)(3)A. or (a)(3)C., within thirty (30) days after the date of mailing of a Ticket to the Designated Party, the Designated Party either accepts liability for the Traffic Law Violation by paying the civil penalty or fails to contest liability for the Ticket in accordance with Section 318.06;
(2) Under Section 318.05(a)(3)B., the Registered Owner submits an affidavit that is supported by a stolen vehicle or stolen license plate report filed with an appropriate law enforcement agency.
(3) Under Section 318.05(a)(3)D., if it is determined that a valid Motor Vehicle Leasing Dealer or Motor Vehicle Renting Dealer received a Ticket for an alleged Traffic Law Violation detected by a traffic law photo-monitoring device, neither will be held 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.
(d) Failure to timely elect and perform one of the options set forth in Section 318.05(a) above shall constitute an admission of liability of the Traffic Law Violation and a waiver of the opportunity to contest the Traffic Law Violation.
(Ord. 2021-36. Passed 1-11-22.)
(a) When a person or entity named in a Ticket for a civil violation elects to contest a Ticket, the person or entity shall request a hearing in the Lyndhurst Municipal Court by completing and filing the form provided under Section 318.04 above, within the time frame required.
(b) The Lyndhurst Municipal Court shall set the matter for a hearing not sooner than twenty-one (21) days, but not later than forty-five (45), after the filing of the request for hearing. The Prosecuting Attorney shall prosecute the case to a conclusion. The Court may extend the time period in which a hearing must be conducted upon its own motion, or either a request for additional time or waiver of time limits by the person or entity who requested the hearing. Notice of the hearing shall be provided by the Lyndhurst Municipal Court. The Lyndhurst Municipal Court shall determine whether a preponderance of the evidence establishes that a Traffic Law Violation alleged in the Ticket did in fact occur and that the person or entity requesting the hearing is the person who was operating the vehicle at the time of the Traffic Law Violation.
(c) If as a result of the adjudication of a Ticket by the Lyndhurst Municipal Court, the Village or its designee becomes aware that the person or entity named in the Ticket was not the person who was operating the vehicle at the time of the violation and the Village or its designee is privy to or receives evidence identifying a Designated Party, upon receipt of the evidence of the identity of the Designated Party, the Village or its designee may issue a Ticket to the Designated Party. The Village shall ensure that a Ticket issued under this section conforms to Section 318.04. The Village or its designee shall send the Ticket by ordinary mail not later than twenty-one (21) days after receipt of the evidence of the identity of the Designated Party.
(d) If a Designated Party, who is issued a Ticket as a result of subsection (c) above, contests the Ticket by filing a written request for a hearing and does so not later than thirty (30) days after the mailing date of the Ticket, the Village shall require the Registered Owner of the motor vehicle to also attend the hearing. If at the hearing involving the Designated Party the Lyndhurst Municipal Court cannot determine the identity of the operator of the vehicle at the time of the violation, the Registered Owner shall be liable for the violation. The Lyndhurst Municipal Court shall then issue a written decision imposing liability for the violation on the Registered Owner and submit it to the Village or its designee and to the Registered Owner. If the Designated Party, also is a Registered Owner of the vehicle, liability for the violation shall follow the order of Registered Owners as listed on the title
to the vehicle.
(e) A person or entity found liable for a Ticket may appeal the decision rendered by the Lyndhurst Municipal Court in accordance with Ohio law.
(f) No decision rendered under this Section, and no admission of liability under this Chapter is admissible as evidence in any other judicial proceeding in this state, except as is provided in Section 318.08 herein. (Ord. 2021-36. Passed 1-11-22.)
(a) Unless the driver of the motor vehicle received a citation from a police officer at the time of the violation, the Registered Owner or Designated Party of the motor vehicle is subject to a civil penalty if the motor vehicle is recorded by a traffic law photo-monitoring device while being operated in violation of this Chapter.
(b) The civil penalty under this Chapter shall be the following:
Miles Per Hour Over Speed Limit | Amount of Penalty |
10-19 | $135.00 |
20-29 | $200.00 |
30 or more | $300.00 |
(Ord. 2023-1. Passed 2-14-23.)
(c) The amount of the penalty shall be paid within thirty (30) days from the mailing date of the Ticket. If the amount of the penalty is not paid within this time, twenty-five dollars ($25.00) shall be imposed as a default fee. Failure to pay the penalty and the twenty-five dollar ($25.00) default fee within sixty (60) days from the date of the mailing of the Ticket will result in the unpaid penalty and default fee being collected by civil suit or other appropriate means of collection per Section 318.08 below.
(Ord. 2021-36. Passed 1-11-22.)
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