317.02 GENERAL.

   (a)   Notwithstanding any other provision of the traffic code ordinances of the Village, the Village hereby adopts a civil enforcement program for Officer-Enforced Traffic Law Violations as is outlined in this Chapter. This program imposes monetary liability on the Registered Owner or Designated Party of a vehicle for failure of the operator thereof to strictly comply with the posted speed limit on streets or highways within the Village. The imposition of a liability under this Chapter shall not be deemed a criminal 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 Village's Chief of Police shall be responsible for administering the enforcement of violations resulting from the use of an Officer-Operated Handheld Traffic Law Enforcement Device.

   (c)   A Traffic Law Violation for which a civil penalty is imposed under this Chapter is not a moving violation and points shall not be assessed against a person's driver's license. In no case shall such a violation be reported to the Bureau of Motor Vehicles or motor vehicle registration bureau, department, or office of any other state, nor shall such a violation be recorded on the driving record of the Registered Owner or Designated Party of a vehicle involved in the violation.

   (d)   The Village may utilize an Officer-Operated Handheld Traffic Law Enforcement Device for the purpose of detecting Traffic Law Violations in the Village and in the interest of public health and safety. (Ord. 2021-10. Passed 9-20-21.)

317.03 EXAMINATION OF EVIDENCE.

   (a)   A Law Enforcement Officer prior to the issuance of any Ticket shall examine all the evidence of the alleged Traffic Law Violation recorded by a Law Enforcement Officer using an Officer-Operated Handheld Traffic Law Enforcement Device to determine whether such a violation has occurred. If the image recorded by a Law Enforcement Officer using an Officer-Operated Handheld Traffic Law Enforcement Device shows such a violation, contains the date and time of the violation, and shows the letter and numerals on the license plate of the vehicle involved, as well as the state that issued the license plate, the Law Enforcement Officer may use any lawful means to identify the Registered Owner.

   (b)   The fact that a person or entity is the Registered Owner of a motor vehicle is prima facie evidence that person or entity is the person who was operating the vehicle at the time of the Traffic Law Violation.

   (c)   A certified copy of the Ticket alleging a Traffic Law Violation, sworn to or affirmed by a Law Enforcement Officer, including the electronic means, and the Recorded Images produced by an Officer-Operated Handheld Traffic Law Enforcement Device used by a Law Enforcement Officer at the date, time, and location where a violation occurred, is prima facie evidence of the facts contained therein and is admissible in a proceeding for review of the Ticket issued under this Chapter. (Ord. 2021-10. Passed 9-20-21.)

317.04 CIVIL OFFENSE TICKET.

   (a)   The Registered Owner shall be liable for a civil penalty imposed pursuant to this Chapter if such vehicle is operated at a speed in excess of those set forth in Section 333.03 of the Village's Codified Ordinances or Ohio Revised Code Sections 4511.21 or 4511.211, as each may be amended from time to time.

   (b)   A Traffic Law Violation for which a Ticket is issued by the Village pursuant to this Chapter is a civil violation.

   (c)   The Village or its designee shall process such a Ticket for a civil violation and shall send the Ticket by ordinary mail to any Registered Owner of the motor vehicle that is the subject of the Traffic Law Violation. The Village or its designee shall ensure that the Ticket contains all of the following:

      (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 date, time, and location of the Traffic Law Violation;

      (5)   A copy of the images recorded by the Law Enforcement Officer who used the Officer- Operated Handheld Traffic Law Enforcement Device to record the violation;

      (6)   The name and badge number of the Law Enforcement Officer who operated the Officer- Operated Handheld Traffic Law Enforcement Device to record the violation;

      (7)   The amount of the civil penalty imposed, the date by which the civil penalty is required to be paid, and the address to which the payment is to be sent and/or other means of payment;

      (8)   A statement signed by a Law Enforcement Officer indicating that, based on an inspection of Recorded Images, the motor vehicle was involved in a Traffic Law Violation, and that the Recorded Images are prima facie evidence of that Traffic Law Violation, the statement may be signed electronically;

      (9)   Information advising of the options prescribed in Section 317.05(a), specifically to include the time, place, and manner to contest a violation and any necessary forms to do so, and the procedure for disclaiming liability by submitting an affidavit as prescribed in this Section 317.05(a)(3); and

      (10)   A warning that failure to exercise one of the options prescribed in Section 317.05(a) is deemed to be an admission of liability and waiver of the opportunity to contest the violation.

   (d)   The Village or its designee shall send the Ticket by ordinary mail not later than thirty (30) days after the date of the alleged Traffic Law Violation.

   (e)   The Village or its designee may elect to send, by ordinary mail not later than thirty (30) days after the date of the alleged Traffic Law Violation, a warning notice in lieu of a Ticket under this Chapter. (Ord. 2021-10. Passed 9-20-21.)