(a) An officer employed by the Lancaster Police Department shall examine the images recorded by DMT to determine whether an infraction of Ohio Revised Code 4511.75 has occurred. If the image recorded by DMT shows an infraction, contains a date and time of the alleged violation, and shows the letter and numbers on the vehicle's license plate, as well as the state in which the license was issued, the officer may use any lawful means to identify the Registered Owner.
(b) The fact that a person or entity is the Registered Owner shall be prima facie evidence that said person or entity is the person who was operating the vehicle at the time of the violation.
(c) A certified copy of a Notice of Liability alleging violation of this chapter, sworn to or affirmed by a duly authorized Police Officer of the City of Lancaster, with the recorded images produced by DMT, shall be prima facie evidence of the facts contained therein and shall be admissible in a proceeding for review of the Notice of Liability under this chapter.
(d) Within thirty (30) calendar days of the infraction, the City or its designee may issue and send by first-class United States mail a Notice of Liability charging the Registered Owner with an infraction. Said Notice of Liability must substantially comply with the requirements set forth in Section 567.05(a).
(e) The recipient of a Notice of Liability shall be required to respond to it in one of the manners set forth in Section 567.06(a).
(f) The Registered Owner shall not be responsible for the violation if, within thirty (30) calendar days after issuance of the Notice of Liability, the Registered Owner furnishes the Police Department with:
(1) An affidavit by the Registered Owner identifying the person whom the Registered Owner believes was in control of the vehicle at the time of the violation (the "Designated Party"). Such Affidavit must contain, at a minimum, the Designated Party's name and current address; or
(2) An affidavit by the Registered Owner stating that at the time of the violation, the vehicle or the license plates of the vehicle were stolen or were in the care, custody, or control of some person or entity who did not have the Registered Owner's permission to use the vehicle. In order to demonstrate that the vehicle or the license plates were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the Registered Owner must submit proof that a police report about the stolen motor vehicle or license plates was filed prior to the violation or within 48 hours after the violation occurred; or
(3) If the Registered Owner is a "motor vehicle leasing dealer" or a "motor vehicle renting dealer" as defined in Ohio Revised Code Section 4511.092(A) and consistent with Section 4511.092(B), then such Registered Owner shall notify the Police Department of the name and address of the vehicle's lessor or renter at the time of the violation. A motor vehicle leasing dealer or motor vehicle renting dealer who receives a ticket for an alleged traffic law violation detected by a traffic law photo-monitoring device is not liable for a ticket issued for a vehicle that was in the care, custody, or control of a lessee or renter at the time of the alleged violation. In no case shall the dealer pay such a ticket and then attempt to collect a fee or assess the lessee or renter a charge for any payment of such a ticket made on behalf of the lessee or renter.
(g) If the vehicle involved in the violation is a commercial vehicle and the Notice of Liability is issued to a corporate entity, the corporate entity must provide to the Police Department an affidavit, sworn to or affirmed by the statutory agent of the corporate entity, that:
(1) States that the person or entity named in the Notice of Liability was not in operation of the vehicle at the time of the violation; and
(2) Provides the name, address, and driver's license identification number of the person who had the contractual right of possession of the vehicle, e.g. an employee, (also known as a "Designated Party") .
(h) Nothing in this Section shall be construed as limiting the liability of an operator of a vehicle for any violation of Ohio Revised Code Section 4511.75.
(Ord. 16-13. Passed 9-9-13.)