343.02 GENERAL.

   (a)   Notwithstanding any other provision of this Traffic Code, the City of Hamilton hereby adopts a civil enforcement system for automated mobile speed enforcement system violations as outlined in this section. Said system imposes monetary liability on the owner of a vehicle for failure of an operator thereof to comply with the speed limit in school zones or streets or highways within the City of Hamilton as set forth in Section 343.03(a)(1) or (2) of the Codified Ordinances of the City of Hamilton.

   (b)   The Hamilton Division of Police shall be responsible for administering the automated mobile speed enforcement system. Specifically, the Hamilton Division of Police shall be empowered to install and operate the automated mobile speed enforcement system within the City of Hamilton using trained technicians who may or may not be police officers, Police Division employees, or other trained technicians who are not employees of the Hamilton Division of Police.

   (c)   Notwithstanding Section 343.02(b) and any other provision of this Traffic Code, a police officer employed by the Hamilton Division of Police shall be present at the location of the automated mobile speed enforcement system at all times during the operation of the device.

   (d)   A police officer employed by the Hamilton Division of Police shall examine evidence of alleged traffic law violations recorded by the device to determine whether such a violation has occurred. If the image recorded by the automated mobile speed enforcement system shows such a violation, contains the date and time of the violation, and shows the letters and numerals on the license plate of the vehicle involved as well as the state that issued the license plate, the officer may use any lawful means to identify the registered owner.

   (e)   A police officer employed by the Hamilton Division of Police who is present at the location of any automated mobile speed enforcement system and who personally witnesses a traffic law violation may issue a ticket for the violation in accordance with Chapter 333 of the City of Hamilton, Ohio's Codified Ordinances. If an automated mobile speed enforcement system records a traffic law violation and the police officer who was present at the location of the automated mobile speed enforcement system does not issue such a ticket, the City may issue a citation for an automated mobile speed system violation pursuant to this section, known as a "notice of liability," which shall:

      (1)   Be processed by officials or designee of the City of Hamilton; and

      (2)   Be forwarded by first-class mail 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.

   (f)   The Hamilton Division of Police shall ensure the requirements of R.C. 4511.094 and R.C. 4511.095 are met prior to deploying any traffic law photo-monitoring device.   

(Ord. 2016-12-121. Passed 12-21-16.)