303.08 USE OF RADAR; ENHANCED ELECTRONIC ENFORCEMENT.
I. USE OF RADAR
The driver of any motor vehicle which has been checked by radar, or by any electrical or mechanical timing device to determine the speed of the motor vehicle over a measured distance of the highway and found to be in violation of any of the provisions of Section 333.03 may be arrested until a warrant can be obtained, provided such officer has observed the recording of the speed of such motor vehicle by the radio microwaves, electrical or mechanical timing device, or has received a radio message from the officer who observed the speed of the motor vehicle recorded by the radio microwaves, electrical or mechanical timing device; provided, in case of an arrest based on such a message, such radio message has been dispatched immediately after the speed of the motor vehicle was recorded and the arresting officer is furnished with a description of the motor vehicle for proper identification and the recorded speed.
II. ENHANCED ELECTRONIC ENFORCEMENT
(a) Civil Enforcement System Established. The City of Mansfield hereby adopts a civil enforcement system for speeding offenders photographed by law enforcement personnel using an “electronic speed enforcement device” as defined in subsection (n) hereof. This civil enforcement system imposes monetary liability on the “owner” of a vehicle as defined in subsection (n) hereof for failure of an operator to comply with the posted speed limitation.
(b) Speeding Offense; Liability Imposed. The owner of a vehicle shall be liable for the penalty imposed under this section if the vehicle is operated at a speed in excess of the limitations set forth in Section 333.03.
(c) Liability Does Not Constitute a Conviction. 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 on whom the liability is imposed.
(d) Other Offenses and Penalties Not Abrogated. Nothing in this section shall be construed as altering or limiting Section 333.03 of these Codified Ordinances, the criminal penalties imposed by that section, or the ability of a police officer to enforce that section against any offender observed by the officer violating that section. Nothing in this section shall be construed to limit the liability of an operator of a vehicle for any violation of subsection (b) hereof.
(e) Selection of Enforcement Sites. The selection of the sites for enhanced electronic enforcement pursuant to this section shall be made on the basis of sound professional law enforcement judgments, subject to general oversight by the City Council. It shall not be a defense to a citation issued pursuant to this section that such enhanced electronic enforcement was not properly sited in accordance with this subsection (e) hereof.
(f) Notices of Violation. Any notice of violation (“NOV”) for speeding under this section shall:
(1) Be issued by a Mansfield 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.
(g) Penalties. Any violation of subsection (b) of 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 driver of the vehicle.
(h) NOV Evaluation, Public Service and Appeals. The enhanced electronic enforcement program shall include a fair and sound NOV evaluation process that includes review by a Mansfield police officer, a strong customer service committment, and an appeal process that accords due process to the NOV respondent and that conforms to the requirements of the Ohio Revised Code.
(i) Appeals. A notice of appeal shall be filed with the Hearing Officer within twenty- one (21) days after the date listed on the NOV. The failure to give notice of appeal or pay the civil penalty within this time period shall constitute a waiver of the right to contest the NOV and shall be considered an admission.
Appeals shall be heard by the Parking Violations Bureau through an administrative process established by the Clerk of the Mansfield Municipal Court. At hearings, the strict rules of evidence applicable to courts of law shall not apply. The contents of the NOV shall constitute prima facie evidence of the facts it contains. Liability may be found by the hearing examiner 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 Parking Violations Bureau, the NOV, other evidence submitted by the respondent or the City of Mansfield, 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 enhanced electronic enforcement device captured an 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 Director of Public Safety under the authority of subsection (l) of this section:
(1) The motorist is operating a City-owned emergency vehicle with its emergency lights activated and exceeds the posted speed limitation;
(2) The motorist is directed by a police officer on the scene contrary to the traffic signal indication;
(3) The motorist is exceeding the posted speed limit in a work zone or school zone by less than 6 MPH, or otherwise by less than 10 MPH.
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 Director of Public Safety, in coordination with the Parking Violations Bureau, 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 whom the owner believes was driving the vehicle at the time. Upon receipt of such an affidavit timely submitted to the Parking Violations Bureau, the Bureau 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 Parking Violations Bureau shall resume the notice and collection process against the vehicle owner, the same as if no affidavit had 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 Mansfield may be enforced by means of a civil action or any other means provided by the Revised Code.
(j) Evidence of Operation. 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 subsection (n) hereof, was operating the vehicle at the time of the offenses set out in subsection (b) of this section.
(k) Program Oversight. The Director of Public Safety shall oversee the program authorized by this section.
(l) Rules and Regulations. The Director of Public Safety may issue rules and regulations to carry out the provisions of this section, which shall be effective thirty (30) days after publication in the City Record.
(m) (1) Establishment of penalty. The penalty imposed for a violation of subsection (b) of this section shall be as follows:
Up to 24 MPH over the speed limit | $100.00 |
25 MPH or more over the speed limit | $200.00 |
Any violation in a school or work zone | $200.00 |
(2) Late penalties. If the penalty is not paid within 20 days after the date of mailing of the NOV to the registered owner, an additional $20.00 shall be imposed, and if not paid within 40 days after that date, an additional $40.00 shall be imposed, for a total additional penalty in such a case of $60.00.
(n) Definitions. As used in this section:
(1) “Electronic speed enforcement device” means a device operated by an on duty police officer and installed in an official police vehicle that accurately identifies a motor vehicle, determines its speed with precision and automatically generates a photograph of each vehicle violating division (b) and its license plate. Each electronic speed enforcement device shall include a self-calibration feature and an internal secondary speed confirmation.
(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 dealer pursuant to R.C. 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 subsection (b) hereof; 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”.
(4) “School zone” means any public road in adjacent to any public or private school or other educational institution while school is in session.
(5) “Work zone” means any public road that is identified by appropriate signage as a work zone, but only during hours of actual work.
(o) Costs of Collection of Unpaid Enhanced Electronic Enforcement Citations. In addition to any other fees or charges authorized by these Codified Ordinances in relation to the commission of a violation of subsection (b) hereof, a person liable for the penalties established by subsection (m) hereof may be assessed a fee under this section in an amount equal to the costs paid by the City for collection of the debt. (Ord. 12-198. Passed 12-18-12.)