As used in this chapter, words and phrases are defined as follows: Definitions.
(a) "Automated speed enforcement program" is a program intended to reduce speeding violations using an automated speed enforcement system.
(b) “Automated speed enforcement system” is a system with one or more sensors working in conjunction with a traffic law photo-monitoring device to produce recorded images of motor vehicles traveling at a prohibited rate of speed.
(Ord. 2015-07. Passed 2-3-15.)
(c) “Hearing Officer” means the person appointed by the Mayor, board of county commissioners or board of township trustees of a local authority, as applicable, to conduct administrative hearings on violations recorded by traffic law photo-monitoring devices, other than a person who is employed by a law enforcement agency as defined in Section 109.573 of the Ohio Revised Code.
(Ord.2019-09. Passed 3-5-19.)
(d) "Vehicle owner" shall mean a "registered owner as such term is hereafter defined in this Section 315.01.
(e) "Motor vehicle" has the same definition as in Village of Linndale Codified Ordinance Section 301.20, as amended from time to time.
(f) "Motor vehicle leasing dealer" has the same meaning as in section 4517.01 of the Ohio Revised Code.
(g) "Motor vehicle renting dealer" has the same meaning as in section
of the Ohio Revised Code.
(h) "Recorded images" means images recorded by an automated speed enforcement system traffic law photo-monitoring device that show, on at least one image or on a portion of the videotape, the front or rear of a motor vehicle and the letters and numerals on the front or rear license plate of the vehicle, on any of the following:
(1) Two or more photographs; or
(2) Two or more microphotographs; or
(3) Two or more electronic images; or
(4) Two or more digital images; or
(5) Videotape or video recording.
(i) "Date of issuance of notice of liability" shall be the date printed on the notice of liability immediately prior to its mailing.
(j) "Traffic law photo-monitoring device" means an electronic system consisting of photographic, video or electronic camera and a means of sensing the presence of a motor vehicle that automatically produces recorded images.
(k) "Traffic law violation" means either of the following:
(1) A violation of section 4511.12 of the Revised Code based on the failure to comply with section 4511.13 of the Revised Code or a substantially equivalent municipal ordinance that occurs at an intersection due to failure to obey a traffic signal;
(2) A violation of section 4511.21 or 4511.211 of the Revised Code or Village of Linndale Codified Ordinance Section 333.03 due to failure to observe the applicable speed limit.
(l) "Registered owner" means all of the following:
(1) Any person or entity identified by the Ohio bureau of motor vehicles or any other state motor vehicle registration bureau, department, or office as the owner of a motor vehicle;
(2) The lessee of a motor vehicle under a lease of six months or longer;
(3) The renter of a motor vehicle pursuant to a written rental agreement with a motor vehicle renting dealer.
(m) "System location" means the approach to an intersection or area of roadway toward which a traffic law photo-monitoring device is directed and is in operation.
(n) "Law enforcement officer" means a sheriff, deputy sheriff, marshal, deputy marshal, police officer of a police department of any municipal corporation, police constable of any township, or police officer of a township or joint police district, who is employed on a permanent, full-time basis by the Village of Linndale Police Department.
(o) "Ticket"or "notice of liability" means any traffic ticket, citation, summons, or other ticket issued in response to an alleged traffic law violation detected by a traffic law photo monitoring device, that represents a civil violation.
(p) "Chapter" refers to Chapter 315 of the Codified Ordinances of the Village of Linndale and includes and encompasses each of the codified ordinances set forth therein as amended.
(Ord. 2015-07. Passed 2-3-15.)
(a) Notwithstanding any other provision of the traffic code ordinances of the Village of Linndale, the Village hereby adopts a civil enforcement program for automated speed enforcement system violations as outlined in this Chapter. This program imposes monetary liability on the registered owner of a vehicle for failure of an operator thereof to strictly comply with the posted speed limit in school zones or streets or highways within the Village of Linndale. The imposition of liability under this Chapter shall not be deemed a conviction for any purpose and shall not be made part of the operating record of any person upon whom the liability is imposed.
(b) The Chief of Police shall be responsible for administering the automated speed enforcement program. Specifically, the Chief of Police shall be empowered to deploy and operate the automated speed enforcement system within the Village of Linndale.
(c) Any citation for an automated speed system violation pursuant to this section, known as a "notice of liability" shall:
(1) Be approved by a law enforcement officer of the Village of Linndale Police Department who shall (a) examine evidence of an alleged violation recorded by the automated speed enforcement system to determine whether a speeding infraction has occurred, and (b) determine whether the recorded images in connection with an alleged violation shows an infraction, contains a date and time of the alleged violation, shows the letters and numerals on the vehicle's license plate and shows the state in which the license plate was issued.
(2) Be forwarded by first-class mail or personal service to the registered owner's address as given on the state's motor vehicle registration.
(3) Clearly state the manner in which the violation may be appealed.
(4) Comply with any state law requirement that a local authority shall use a traffic law photo-monitoring device to detect and enforce traffic law violations only if a law enforcement officer is present at the location of the device at all times during the operation of the device.
(Ord. 2015-07. Passed 2-3-15.)
(a) The vehicle owner 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 Village of Linndale, Ohio or Ohio Revised Code Section 4511.21 as each may be amended from time to time, provided that:
(1) For a system location that is located within a school zone or within the boundaries of a state or local park or recreation area, the Village shall not issue a violation as described in this Chapter using an automated speed enforcement system unless the vehicle involved in the violation is traveling at least six miles per hour over the posted speed limit.
(2) For a system location that is located within any other location than those described in Section 315.03(a)(l) above, the Village shall not issue a violation as described in this Chapter using an automated speed enforcement system unless the vehicle involved in the violation is traveling at least ten miles per hour over the posted speed limit.
(b) A person or entity who receives a notice of liability or ticket for a civil violation shall elect to do one of the following:
(l) In accordance with the instructions on the notice of liability, pay the civil penalty, thereby failing to contest liability and waiving the opportunity to contest the violation;
(2) (i) Within thirty days after receipt of the notice of liability, provide the Village of Linndale Police Department with either of the following affidavits:
(A) 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
(B) An affidavit by the vehicle owner stating that at the time of the violation, the motor vehicle or the license plates of the motor vehicle involved were stolen or were in the care, custody, and control of some person who did not have the owner's permission to use the motor vehicle, or that the motor vehicle or license plates of the motor vehicle were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation. In order to demonstrate that the motor vehicle or license plates were stolen before the violation occurred and were not under the control or possession of the vehicle owner at the time of the violation, the vehicle 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.
(ii) A registered owner is not responsible for a traffic law violation if, within thirty days after the date of mailing of the notice of liability, the registered owner furnishes an affidavit specified in Section 315.03(b)(2)(i)(A) or (B) to the Village in a form established by the Village and the following conditions are met:
(A) If the registered owner submits an affidavit as specified in section 315.03(b)(2)(i)(A) of this section, the designated party either accepts liability for the violation by paying the civil penalty or failing to request an administrative hearing within thirty days or is determined liable in an administrative hearing;
(B) If the registered owner submits an affidavit as specified in section 315.03(b)(2)(i)(B) of this section, the affidavit is supported by a stolen vehicle or stolen license plate report as required in that division;
(C) If the registered owner is a motor vehicle leasing dealer or a motor vehicle renting dealer, notify the Village of Linndale Police Department of the name and address of the lessee or renter of the motor vehicle at the time of the traffic law 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 motor vehicle that was in the care, custody, or control of a lessee or renter at the time of the alleged violation.
The dealer shall not pay such a ticket or notice of liability and subsequently 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.
(D) If the vehicle involved in the traffic law violation is a commercial motor vehicle and the notice of liability is issued to a corporate entity, provide to the Village of Linndale Police Department an affidavit, sworn to or affirmed by an agent of the corporate entity, that provides the name and address of the employee who was operating the motor vehicle at the time of the alleged violation and who is the designated party.
(E) Contest the ticket by filing a written request for an administrative hearing to review the notice of liability. The person or entity shall file the written request not later than thirty days after receipt of the notice of liability.
The failure to request a hearing within this time period constitutes a waiver of the right to contest the violation and notice of liability, and is deemed to constitute an admission of liability and waiver of the opportunity to contest the violation.
(c) In the event that the Village and/or the Village of Linndale Police Department receives from a registered owner an affidavit described in 315.03
(b)(2)(i)(A) or (B) or a notice described in 315.03
(b)(2)(ii)(C) or (D) hereof, the Village may proceed to send a notice of liability that conforms with Section 315.04
to the designated party. The Village shall send the notice of liability to the designated party not later than twenty-one days after receipt of the affidavit or notification.
(d) A certified copy of the notice of liability alleging the violation of this Ordinance occurred, sworn to or affirmed by a law enforcement officer of the Village of Linndale Police Department, with the recorded images produced by an automated 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 Ordinance.
(e) Exception for emergency or public safety vehicles:
The provisions of this Ordinance shall not apply to emergency vehicles or public safety vehicles when those vehicles are responding to emergency or call for emergency service.
(Ord. 2015-07. Passed 2-3-15.)
(a) The notice of liability shall be processed by the Village of Linndale or its designee and shall be served by ordinary mail to the owner's address as given on the motor vehicle registration from the Bureau of Motor Vehicles, or its equivalent, of the state in which it is registered. The notice of liability shall include:
(1) The name and address of the registered owner;
(2) The letters and numerals appearing on the license plate issued to the motor vehicle;
(3) The traffic law violation charged;
(4) The system location;
(5) The date and time of the violation;
(6) A copy of the recorded image(s);
(7) The amount of the civil penalty imposed and the date by which the civil penalty should be paid and the address to which payment is to be sent;
(8) Information advising the person alleged to be liable of the options as provided in Section 315.03(b) of this Ordinance;
(9) Information advising the person or entity alleged to be liable of the options prescribed in Ohio Revised Code Section 4511.098 and Village of Linndale Codified Ordinances Sections 315.03 and 315.07, specifically to include the time, place and manner in which an administrative appeal may be initiated and the procedure for disclaiming liability by submitting an affidavit as prescribed in any of those sections;
(10) The date of issuance of the notice of liability;
(11) EDITOR’S NOTE: Former subsection (a)(11) hereof was repealed by Ordinance 2018-17.
(12) A statement signed by a law enforcement officer employed by the Village of Linndale indicating that, based on an inspection of recorded images, the motor vehicle was involved in a traffic law violation, and a statement indicating that the recorded images are prima facie evidence of that traffic law violation, both of which may be signed electronically;
(b) A notice of liability issued under this Ordinance shall be mailed no later than thirty (30) calendar days after the alleged violation.
(c) Except as provided under Section 315.03(b), the Village of Linndale or its designee may not mail a notice of liability to a person who is not the registered owner.
(d) 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 applicable state vehicle registration office) was operating the vehicle at the time of the offense set out in Section 315.03(a). This evidence and presumption may be rebutted in accordance with Section 315.03(b) or 315.07 of this Chapter of the Codified Ordinances of the Village of Linndale.
(e) Nothing in this Section shall be construed to limit the liability of an owner of a vehicle for any violation of Section 315.03.
(Ord. 2015-07. Passed 2-3-15.)
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