(a) At the option of the chief of police, violations of Section 432.30 of these Codified Ordinances may be processed through a civil enforcement system involving photographing operators by means of an "automated traffic enforcement camera system," as defined in division (o). This civil enforcement system imposes monetary liability on the "owner" of a vehicle as defined in division (o) for failure to comply with Section 432.30.
(b) The imposition of liability under this section 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.
(c) Nothing in this section shall be construed as altering or limiting Section 4511.75 of the Ohio Revised Code or Section 432.30 of these Codified Ordinances, the criminal penalties imposed by those sections, or the ability of a police officer to enforce those sections against any offender observed by the officer violating either of those sections. Nothing in this section shall be construed to limit the liability of an operator of a vehicle for any violation of Section 4511.75 or Section 432.30.
(d) The Chief of Police shall cause the general public to be notified by means of a press release issued at least thirty days before any camera is made fully-operational and is used to issue tickets to offenders. Before a camera issues actual tickets, there shall be a period of at least two weeks, which may run concurrently with the 30-day public-notice period, during which only "warning" notices shall be issued.
(e) Any violation under this section shall:
(1) Be reviewed by a lyndhurst police officer;
(2) 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
(3) Clearly state the manner in which the violation may be appealed.
(f) Any violation of Section 432.30 processed under this section shall be deemed a noncriminal violation for which a civil penalty shall be assessed and for which no points authorized by Section 4507.021 of the Revised Code ("point system for license suspension") shall be assigned to the owner or operator of the vehicle.
(g) The program shall include a fair and sound ticket-evaluation process that includes review by the camera vendor and a police officer and an appeals process that accords due process to the violator that conforms to the requirements of the Ohio Revised Code.
(h) A notice of appeal shall be filed with the City Hearing Officer within twenty-one (21) days from the date listed on the violation. The failure to give notice of appeal or to pay the civil penalty within this time period shall consitute a waiver of the right to contest the violation and shall be considered an admission.
Appeals shall be heard by a hearing officer through an administrative process established by the City of Lyndhurst. At hearings, the strict rules of evidence applicable to courts of law shall not apply. The contents of the ticket shall constitute prima facie evidence of the facts it contains. Liability may be found by the hearing officer based upon a preponderance of the evidence. If a finding of liability is appealed, the record of the case shall include the order of the hearing officer, the ticket, other evidence submitted by the respondent or the City of Lyndhurst, and a transcript or record of the hearing, in a written or electronic form acceptable to the court to which the case is appealed.
Liability shall not be found where the evidence shows that the automated camera captured event is not an offense, including each of the following events and such others as may be established by rules and regulations issued by the Chief of Police under the authority of division (k) of this section:
(1) The motorist is operating a city-owned emergency vehicle with its emergency lights activated;
(2) The motorist proceeds because the school bus resumed motion, or was signaled by the school bus driver to proceed.
Liability shall also be excused if a vehicle is observed committing an offense where the vehicle was stolen prior to the offense and the owner has filed a police report;
The Chief of Police, in coordination with the hearing officer, shall establish a process by which a vehicle owner who was not the driver at the time of the alleged offense may, by affidavit, name the person who the owner believes was driving the vehicle at the time. Upon receipt of such an affidavit timely submitted to the hearing officer, the hearing officer shall suspend further action against the owner of the vehicle and instead direct notices and collection efforts to the person identified in the affidavit. If the person named in the affidavit, when notified, denies being the driver or denies liability, then the hearing officer shall resume the notice and collection process against the vehicle owner, the same as if no affidavit has been submitted, and if the violation is found to have been committed by a preponderance of evidence, the owner shall be liable for any penalties imposed for the offense.
A decision in favor of the City of Lyndhurst may be enforced by means of a civil action or any other means provided by the Revised Code.
(i) 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, or in the case of a leased or rented vehicle the "lessee" as defined in division (o), was operating the vehicle at the time of the offenses set out in Section 432.30.
(j) The Chief of Police shall oversee the program authorized by this section. The chief of police shall oversee the installation and maintenance of all automated cameras.
(k) The Chief of Police may issue administrative rules and regulations to carry out the provisions of these sections.
(l) The charge imposed for a violation of Section 432.30 processed under this section shall be $250.00.
(m) If the charge is not paid within 30 days from the date of mailing of the violation to the offender, an additional $20.00 shall be imposed, and if not paid within 40 days from that date, another $40.00 shall be imposed, for a total additional penalty in such a case of $60.00.
(n) In addition to any other fees or charges authorized by these Codified Ordinances in relation to the commission of a violation of Section 432.30, a person liable for the penalties established by division (l), above may be assessed a fee under this section in an amount equal to the costs paid by the city to any vendor for the costs of collection of the debt.
(o) As used in this section:
(1) “Automated traffic enforcement camera system" means 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 to automatically produce photographs, video, or digital images of any vehicle violating Section 432.30.
(2) "Lessee" includes renter and means:
A. The person identified as a vehicle lessee or renter by a motor vehicle leasing dealer or motor vehicle renting a dealer pursuant to rc 4511.092 and further identified by the dealer as the person having care, custody or control of the vehicle at the time of a violation of Section 432.30; or
B. The person identified as the lessee or as an additional owner of a vehicle in the records of the Ohio Bureau of Motor Vehicles or the records of any other state motor vehicle bureau.
(3) "Vehicle owner" or "owner" means 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, or in the case of a leased or rented vehicle, the "lessee".
(p) The first one hundred thousand dollars ($100,000) of charges assessed pursuant to this section and collected annually by the city, after paying automated traffic enforcement program expenses, shall be deposited into the capital fund already established by the Finance Director and shall be dedicated exclusively for police vehicles and equipment. The remainder of the money collected after paying automated traffic enforcement program expenses shall go to the general fund.
(Ord. 2010-27. Passed 6-7-10.)