(a) Definitions. As used in this section, words and phrases are defined as follows:
(1) "Automated speed enforcement program" is a program intended to reduce speeding violations using an automated speed enforcement system.
(2) "Automated speed enforcement system" is a system with one or more sensors working in conjunction with a speed measuring device to produce recorded images of motor vehicles traveling at a prohibited rate of speed.
(3) "Hearing Officer" is the independent third party appointed by, but not an employee of, the Mayor or other office of the City, and who is an active, registered attorney in good standing with the Ohio Supreme Court.
(4) "Vehicle owner" is 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 a lessee of a motor vehicle under a lease of six months or more, or the renter of a vehicle during the period of infraction pursuant to a written rental agreement with a motor vehicle renting dealer.
(5) "Motor vehicle" has the same definition as in Section 402.20, as adopted by the City and amended from time to time.
(6) "Recorded images" means images recorded by an automated speed enforcement system photographic system on any of the following:
A. Two or more photographs;
B. Two or more microphotographs;
C. Two or more electronic images;
D. Two or more digital images;
E. Videotape or video recording;
F. Any other medium; and
G. Showing the front or rear of a motor vehicle and on at least one image or portion of tape, clearly identifying the license plate number of the motor vehicle.
(7) "Date of issuance of notice of liability" shall be the date printed on the notice of liability immediately prior to its mailing.
(b) General Provisions.
(1) Notwithstanding any other provision of the traffic code ordinances of the City, the City hereby adopts a civil enforcement program for automated speed enforcement system violations as outlined in this section. This program imposes monetary liability on the 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 City. 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.
(2) 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 City using trained technicians who may or may not be police officers, City employees, or other trained technicians who are not employees of the City.
(3) Any citation for an automated speed system violation pursuant to this section, known as a "notice of liability" shall:
A. Be approved by a law enforcement officer of the City Police Department, or under contract with the City, in either case such individual having been certified by the Ohio Peace Officer Training Academy and 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 numbers on the vehicle's license plate and shows the state in which the license plate was issued;
B. Be forwarded by ordinary mail or personal service to the vehicle owner's address as given on the state's motor vehicle registration; and
C. Clearly state the manner in which the violation may be appealed.
(c) Offense.
(1) 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 434.01, as adopted by the City, or Ohio R.C. 4511.21, as each may be amended from time to time.
(2) The vehicle owner shall not be responsible for the violation if, within 30 calendar days from the date of issuance of the notice of liability, the owner furnishes the City or its designee with:
A. The name and address of the person who leased, rented, borrowed, or otherwise had the care, custody, and control of the motor vehicle at the time of the violation and a signed affidavit sworn to before a notary public that the affiant was not operating the motor vehicle; 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.
(3) A certified copy of the notice of liability alleging the violation of this section occurred, sworn to or affirmed by a law enforcement officer of the Police Department, or under contract with the City, 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 section.
(4) Exception for emergency or public safety vehicles: The provisions of this section shall not apply to emergency vehicles or public safety vehicles when those vehicles are responding to emergency or call for emergency service.
(5) The Hearing Officer may dismiss the notice of liability when he or she deems that a dismissal is fair and equitable or warranted based upon his or her sole discretion.
(d) Notice of Liability.
(1) The notice of liability shall be processed by the City 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:
A. The name and address of the vehicle owner;
B. The license plate number of the motor vehicle involved in the violation;
C. The violation charged;
D. The location of the violation;
E. The date and time of the violation;
F. A copy of the recorded image(s);
G. The amount of the civil penalty imposed and the date by which the civil penalty should be paid and where the payment should be made;
H. Information advising the person alleged to be liable of the options as provided in division (c)(2) of this section;
I. The time, place, and manner in which an administrative appeal can be initiated and a warning that failure to exercise the options provided under division (f) of this section in a timely manner is an admission of liability; and
J. The date of issuance of the notice of liability.
(2) A notice of liability issued under this section shall be mailed no later than 30 calendar days after the alleged violation.
(3) Except as provided under division (c)(2) of this section, the City or its designee may not mail a notice of liability to a person who is not the vehicle owner.
(4) 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) was operating the vehicle at the time of the offense set out in division (c) of this section. This evidence and presumption may be rebutted in accordance with division (c)(2)of this section.
(5) Nothing in this section shall be construed to limit the liability of an owner of a vehicle for any violation of division (c) of this section.
(e) Civil Penalties.
(1) Unless the driver of the motor vehicle received a citation from a police officer at the time of the violation, or unless the exception or defense to liability set forth in division (c)(4) of this section applies, the owner or responsible party for the motor vehicle is subject to a civil penalty if the motor vehicle is recorded by an automated speed enforcement system while being operated in violation of this section.
(2) The civil penalty under this section shall be in accordance with the following schedule:
A. If the civil penalty is paid within 30 calendar days of the date of issuance of the notice of liability - one hundred dollars ($100.00);
B. If the civil penalty is paid more than 30 calendar days, but within 45 calendar days after date of issuance of the notice of liability - one hundred and twenty-five dollars ($125.00);
C. If the civil penalty is paid more than 45 calendar days of the date of issuance of the notice of liability - one hundred and eighty dollars ($180.00);
D. The failure to respond to a notice of liability in a timely fashion as set forth in this section shall constitute a waiver of the right to contest liability for the violation under division (c)(2) of this section.
E. Persons who choose to pay the civil penalty without appearing before a Hearing Officer may do so in the manner indicated on the notice of liability.
F. A violation for which a civil penalty is imposed under this section is not a moving violation for the purpose of assessing points under Ohio R.C. 4507.021 for misdemeanor moving traffic offenses and may not be recorded on the driving record of the owner or operator of the motor vehicle and shall not be reported to Bureau of Motor Vehicles.
(f) Collection of Civil Penalties. If the civil penalty is not paid, the civil penalty imposed under the provisions of this section shall be collectable, together with any interest and penalties thereon, in any manner authorized by law including but not limited to civil suit. In addition to any other fees or charges authorized by this section in relation to the commission of a violation of this section, a person liable for the penalties established under this section may be assessed a fee under this section in an amount equal to the costs of collection of the debt.
(g) Administrative Appeal.
(1) A vehicle owner or responsible party who receives a notice of liability, under this section, may do one of the following:
A. Pay the civil penalty, in accordance with the instructions on the notice of liability;
B. Within 30 calendar days of the date of issuance of the notice of liability, submit to the City or its designee one of the affidavits described in division (c)(2) of this section. Upon receipt of such an affidavit timely submitted, the City shall suspend further action against the owner of the vehicle and instead direct notices and collection efforts to the person identified in the affidavit submitted by the owner of the motor vehicle. If the person named in the affidavit, when notified, denies being the driver or denies liability, then the City 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 vehicle owner shall be liable for any penalties imposed for the violation; or
C. Contest the notice of liability by filing a written request for a hearing to review of the notice of liability with the City or its designee. A written notice of request for review must be received by the City, or its designee, within 30 calendar days after the date of issuance of the notice of liability. The failure to give notice of request for review within this time period shall constitute a waiver of the right to contest the notice of liability. A Hearing Officer shall hear reviews. Hearings shall be held no sooner than 21 days and no later than 45 business days of the date received by the City, or its designee, of the request for review; this time may be extended upon a written reasonable request for additional time or upon reasonable notification of the Hearing Officer or local authority with prior notice to all parties. If the owner or responsible party requests a review of the notice of liability and a hearing, a twenty-five dollar ($25.00) fee per notice of liability for such review and hearing shall be assessed to the applicant.
D. The hearing shall be open to the public, and a docket shall be posted in a conspicuous place near the entrance to the hearing room that shall identify, by alleged violator, the hearings scheduled for that day and the time of each hearing. More than one hearing may be scheduled for the same time to allow for such things as non-appearances or admissions of liability.
E. The Hearing Officer shall determine whether a preponderance of evidence establishes that a violation of this section occurred and the person requesting the review is the party operating the vehicle at the time of the violation. The Hearing Officer shall advise the person or entity on the day of the hearing of the Hearing Officer's decision. A certified copy of the notice of liability alleging the violation of this section occurred, sworn to or affirmed by a duly authorized official or agent of the City, or its designee, with the recorded images or data produced by an automated speed enforcement system shall be prima facie evidence of the facts contained therein and shall be admissible in a proceeding alleging a violation under this section. Adjudication of liability shall be based on a preponderance of the evidence.
F. If the Hearing Officer finds a sufficient evidence of a violation, but the vehicle owner or responsible party is not liable, the Hearing Officer shall, in writing, issue a decision finding the vehicle owner and/or responsible party not liable and submit it to the City, or its designee.
(2) If the owner or responsible party chooses to contest the notice of liability, the Hearing Officer may consider any of the following as an affirmative defense to a violation upon the defense being established by a preponderance of the evidence by the vehicle owner or responsible party:
A. That the motor vehicle or license plates of the motor vehicle were stolen before the violation occurred and were not under 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 owner at the time of the violation, the 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.
B. That the motor vehicle was under the custody and/or control of another person at the time of the violation. In order to establish this, the owner or responsible person may provide the name and address of the person who had custody and/or control of the motor vehicle at the time of the violation. The Hearing Officer will determine whether the vehicle owner is liable for the violation.
C. That this section is unenforceable because the recorded image is not legible enough to determine the information needed.
D. Evidence, other than that adduced pursuant to division (g)(2)A. of this section, that the vehicle owner or person named in the notice of liability was not operating the motor vehicle at the time of the violation. To satisfy the evidentiary burden under this division, the owner or person named in the notice of liability shall provide to the Hearing Officer evidence showing the identity of the person who was operating the motor vehicle at the time of the violation, including, but not limited to, the operator's name and current address, and any other evidence the Hearing Officer deems pertinent.
E. That the motor vehicle operator was yielding the right-of-way to an emergency vehicle in accordance with Ohio law, or to a funeral procession.
F. That under consideration of the totality of the circumstances the person or entity named in the notice of liability is not liable.
(3) If the Hearing Officer finds that the person or entity named in the notice of liability was not operating the motor vehicle at the time of the violation or receives evidence under division (g)(2)D. of this section identifying the person driving the motor vehicle at the time of the violation, the Hearing Officer shall provide it to the City or its designee within five calendar days, a copy of any evidence substantiating who was operating the motor vehicle at the time of the violation.
A. Upon receipt of evidence of the responsible party pursuant to this section or pursuant to division (c)(2) of this section the City or its designee may issue a notice of liability, with the name and address of the responsible party and the information required by division (d) of this section, to the person that the evidence indicates was operating the motor vehicle at the time of the violation.
B. A notice of liability issued under this division (g)(3) of this section, shall be sent by the City or its designee by ordinary mail no later than 21 business days after the receipt of the evidence from the Hearing Officer. The content of a notice of liability issued under this division shall be the same as set forth in division (d)(1) of this section.
(h) Notice. No fine shall be authorized unless a minimum 30 day grace or public awareness period is observed prior to issuing any notice of liability.
(i) Signage. The City shall erect signs on every highway, which is not a freeway, that is part of the state highway system and that enters into the City and at each fixed automated speed enforcement system location. The signs shall inform inbound traffic that the local authority utilizes traffic law photo-monitoring devices to enforce traffic laws. The signs shall be erected within the first 300 feet of the boundary of the City and a fixed automated speed enforcement system location or, if the signs cannot be located within the first 300 feet of the boundary of the City or a fixed traffic law photo-monitoring device, as close to that distance as possible, in accordance with Ohio R.C. 4511.094(B).
(j) Speed Limits.
(1) Limits within school zone. The City shall not issue a violation as described in this section using an automated speed enforcement system located in a school zone, as described in Ohio R.C. 4511.21, unless the vehicle involved in the violation is traveling at least six miles per hour over the posted speed limit.
(2) Limits other. The City shall not issue a violation as described in this section using an automated speed enforcement system that is located in a residential area, or within 900 feet of the boundaries of a state or local park or recreation area or facility, or on other streets and roads in the City, unless the vehicle involved in the violation is traveling no less than ten miles per hour over the posted speed limit.
(k) Calibrations. The manufacturer or operator of the automated speed enforcement system used by the City, or an independent calibration laboratory, shall calibrate said device before it is used by the City. The manufacturer or operator of the automated speed enforcement system shall certify to the accuracy of each traffic law photo-monitoring device in accordance with applicable Federal law, if any. For each traffic law photo-monitoring device that is considered mobile or portable, meaning it is attached to a trailer, vehicle, or other apparatus that is easily transported to different automated speed enforcement system locations, the automated speed enforcement system shall perform a system self-test and calibration verification of said traffic law photo-monitoring device in accordance with the manufacturer's specifications prior to its use at each the automated speed enforcement system location. For each device that is considered mobile or portable, meaning it is attached to a trailer, vehicle or other apparatus that is easily transported to different system locations, the City or its designee shall clearly and conspicuously mark on the outside of the trailer, vehicle, or apparatus that contains the traffic law photo-monitoring device that the device is the property or under the control of the City.
(Ord. 2014-43. Passed 6-11-14.)