Loading...
(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.)
(a) In the event that the Registered Owner or Designated Party fails to take any action set forth in Section 318.05(a) or fails to satisfy any liability determined by the Lyndhurst Municipal Court for the penalties established under this Chapter and the time to appeal such decision has passed without the filing of an appeal, the Village may seek to collect the amount due and owing and/or may initiate a civil enforcement action in a court of competent jurisdiction to obtain a judgment for the civil penalty and any late fees, costs and attorney's fees that may be imposed under this Chapter and by the Lyndhurst Municipal Court.
(b) If a judgment for a civil penalty under this Chapter is not satisfied, the Village may seek payment on the judgment amount, together with any applicable interest and cost thereon, in any manner authorized by law. In addition to any other fees or charges authorized by this Chapter in relation to the commission of a Traffic Law Violation thereof, a person liable for the penalties established under this Chapter may be assessed any costs incurred by the Village and the Lyndhurst Municipal Court in the collection of the debt, including but not limited to, attorney's fees.
(Ord. 2021-36. Passed 1-11-22.)
(a) Upon request, each manufacturer of a traffic law photo-monitoring device shall promptly provide to the Village the maintenance records of any such device used in the Village.
(b) Commencing January 2022, and not later than the last day of January of each year, the manufacturer of any traffic law photo-monitoring device used by the Village shall provide to the Village a certificate of proper operation that attests to the accuracy of the device.
(c) The Village shall test the accuracy of each such traffic law photo-monitoring device with an independent, certified speed measuring device or some other commonly accepted method prior to its use at each System Location.
(Ord. 2021-36. Passed 1-11-22.)
The Village Service Department shall erect signs on every highway, which is not a freeway, that is part of the state highway system and that enters into the Village and at each fixed system location. The signs shall inform inbound traffic that the Village utilizes traffic law photomonitoring devices to enforce traffic laws. The signs shall be erected within the first three hundred feet of the boundary of the Village and any fixed system location or, if the signs cannot be located within the first three hundred feet of the boundary of the Village or a fixed system location, the signs shall be erected as close to that distance as possible, in accordance with Ohio Revised Code Section 4511.094.
(Ord. 2021-36. Passed 1-11-22.)