343.03 OFFENSE.

   (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 Section 333.03 of the Codified Ordinances of the City of Hamilton, Ohio or Ohio Revised Code Section 4511.21 as each may be amended from time to time and one of the following applies:

      (1)   For a system that is located within a school zone or within the boundaries of a state or local park or recreation area, the vehicle involved in the violation is travelling at a speed that exceeds the posted speed limit by not less than six miles per hour.

      (2)   For a system that is located at any other location, the vehicle involved in the violation is traveling at a speed that exceeds the posted speed limit by not less than ten miles per hour.

   (b)   If the motor vehicle involved in the violation is a commercial motor vehicle and the notice of liability issued to a corporate entity, the corporate entity must provide to the City of Hamilton Division of Police 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 violation.

   (c)   The owner of the motor vehicle shall not be responsible for the violation if, within thirty (30) calendar days from the Date of Issuance of the Notice of Liability, the owner furnishes the City of Hamilton Division of Police or its designee with:

      (1)   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 may be held liable for the violation, and containing at a minimum the name and address of the designated party; 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 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 license plates were stolen before the violation occurred and therefore 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 of the notice of liability alleging the violation of this chapter occurred, sworn to or affirmed by a duly authorized City of Hamilton Police Officer, with the recorded images produced by an automated mobile 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 an emergency or call for emergency service.

   (f)   Exception for vehicles which are the property of the City of Hamilton: The provisions of this chapter relating to owner liability shall not apply to a vehicle owned by the City of Hamilton which is being driven by a City employee at the time of violation. In such circumstances, the employee and not the City shall be liable for the civil penalty to be incurred as a result of the violation(s).

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