(a) Automated Red Light and Speeding System/Civil Violation; General.
(1) Notwithstanding any other provision of the Traffic Code, the City of Girard hereby adopts a civil enforcement system for red light and speeding camera system violations as outlined in this Section. Said system imposes monetary liability on the owner of a vehicle for failure of an operator to comply with traffic control indications in the City of Girard in accordance with the provisions of this Section.
(2) The City of Girard Police Department, and the Law Director, shall be responsible for administering the automated Red Light and Speeding System. Specifically, the Girard Police Department shall be empowered to install and operate red light and speeding camera systems within the City of Girard. The Girard Police Department shall maintain a list of system locations where red light and speeding camera systems are installed. Said department will make the determination as to which location will be utilized.
(3) Any citation for an automated red light and speeding system violation pursuant to this Section, known as a “Notice of Liability” shall:
A. Be processed by officials or agents of the City of Girard.
B. 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
C. Clearly state the manner in which the violation may be appealed.
(b) Definitions.
(1) “Automated red light and speeding system” is the equivalent of “Traffic control signal monitoring device” or “Traffic control photographic system”. Said system/device is an electronic system consisting of a photographic, video, or electronic camera and a vehicle sensor installed to work alone or in conjunction with an official traffic controller and to automatically produce photographs, video, or digital images of each vehicle violating a standard traffic control.
(2) “In operation” means operating in good working condition.
(3) “System location” is the approach to an intersection or a street toward which a photographic, video, or electronic camera is directed and is in operation. It is the location where the automated camera system is installed to monitor offenses under this Section.
(4) “Vehicle owner” is the person or entity identified by the Ohio Bureau of Motor Vehicles or registered with any other State vehicle registration office, as the registered owner of a vehicle.
(5) “Hearing Officer” is an independent third party person, who is not an employee of the City of Girard, tasked with carrying out subsection (d)(4) hereof.
(c) Offense.
(1) The owner of a vehicle shall be liable for a penalty imposed pursuant to this Section if such vehicle crosses a marked stop line or the intersection plane at a system location when the traffic signal for the vehicle’s direction is emitting a steady red light.
(2) 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 Section 333.03.
(3) 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 subsection (c)(1) above.
(4) Notwithstanding subsection (c)(3) above, the owner of the vehicle shall not be responsible for the violation if, within twenty-one (21) days from the date listed on the “Notice of Liability”, as set forth in subsection (d)(3) below, he furnishes the Hearing Officer:
A. An affidavit by him, stating the name and address of the person or entity who leased, rented, or otherwise had the care, custody, and control of the vehicle at the time of the violation; or
B. A law enforcement incident report/general offense report from any state or local law enforcement agency/record bureau stating that the vehicle involved was reported as stolen before the time of the violation.
(5) An imposition of liability under the Section shall not be deemed a conviction as an operator and shall not be made part of the operating record upon whom such liability is imposed.
(6) Nothing in this Section shall be construed to limit the liability of an operator of a vehicle for any violation of subsection (c)(1) or (c)(2) herein.
(7) This Section shall not apply to violations involving vehicle collisions.
(d) Penalty; Administrative Appeal.
(1) Any violation of subsection (c)(1) herein shall be deemed a noncriminal violation for which a civil penalty of $85.00 shall be assessed and for which no points authorized by Ohio Revised Code 4507.021 (“point system for license suspension”) shall be assigned to the owner or driver of the vehicle.
(2) Any violation of subsection (c)(2) herein shall be deemed a noncriminal violation for which a civil penalty of $85.00 shall be assessed and for which no points authorized by Ohio Revised Code 4507.021 (“Point system for license suspension”) shall be assigned to the owner or driver of the vehicle. Speeds of 25 MPH or more over the speed limit, the penalty shall be $170.00 (one hundred seventy dollars). Any violation of a school or construction zone speed limit, the penalty shall be $170.00 (one hundred seventy dollars).
(3) The City of Girard, via its Police Department and Law Director, may establish procedures for the collection of the civil action in the nature of a debt.
(4) A notice of appeal shall be filed with the Hearing Officer within twenty-one (21) days from the date listed on the “Notice of Liability”. The failure to give notice of appeal or pay the civil penalty within this time period shall constitute a waiver of the right to contest the citation and will be considered an admission. Appeals shall be heard through an administrative process established by the City of Girard Police Department. A decision in favor of the City of Girard may be enforced by means of a civil action or any other means provided by the Ohio Revised Code.
(5) Late penalties. For both offenses, if the penalty is not paid within 21 days from the date of mailing the ticket to the offender, an additional twenty dollars ($20.00) shall be imposed, and if not paid within 42 days from that date, another forty dollars ($40.00) shall be imposed, for an additional penalty in such a case of sixty dollars ($60.00).
(Ord. 7404-05. Passed 6-13-05.)