(a) The vehicle owner may be liable for a civil penalty imposed pursuant to this section if such vehicle is operated at a speed in excess of those set forth in this Chapter or fails to obey a traffic control device as set forth in this Chapter of the Codified Ordinances of Village of Monroeville, as each may be amended from time to time, provided that:
(1) For an automated traffic enforcement 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 notice of liability as described in this section using an automated speed enforcement system unless the vehicle involved in the violation is traveling at least six (6) miles per hour over the posted speed limit.
(2) For an automated traffic enforcement system location that is located within any other location than those described in subsection (a) above, the Village shall not issue a notice ofliability as described in this section using an automated speed enforcement system unless the vehicle involved in the violation is traveling at least ten (10) miles per hour over the posted speed limit.
(b) A person or entity who receives a notice of liability shall elect to do one of the following:
(1) In accordance with the instructions on the notice ofliability, pay the civil penalty, thereby failing to contest liability and waiving the opportunity to contest the violation;
(2) Within forty-five (45) days after the mailing of the complaint, provide the Village of Monroeville 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 alleged violation, identifying that person as a designated party who may be held liable for the alleged violation, and containing at a minimum the name and address of the designated party;
B. An affidavit by the vehicle owner stating that at the time of the alleged 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 alleged violation occurred and were not under the control or possession of the owner at the time of the alleged violation. In order to demonstrate that the motor vehicle or license plates were stolen before the alleged violation occurred and were not under the control or possession of the vehicle owner at the time of the alleged 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 alleged violation or within forty-eight (48) hours after the alleged violation occurred.
C. An affidavit by the vehicle owner stating the registered owner is a motor vehicle leasing dealer or a motor vehicle renting dealer and stating the name and address of the lessee or renter of the motor vehicle at the time of the alleged violation. A motor vehicle leasing dealer or motor vehicle renting dealer who receives a notice of violation for an alleged law violation detected by a photo-monitoring device is not liable for any alleged violations 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 notice of liability and subsequently attempt to collect a fee or assess the lessee or renter a charge for any payment made on behalf of the lessee or renter; or
D. An affidavit stating the vehicle involved in the alleged violation is a commercial motor vehicle and the complaint is issued to a corporate entity, sworn to or affirmed by an agent of the corporate entity, providing 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;
(3) Provide notice to the Village of Monroeville that the person or entity would like to contest the alleged liability.
(c) A registered owner is not responsible for a civil violation if, within forty-five (45) days after the date of mailing of the complaint, the registered owner furnishes an affidavit specified in above to the Village of Monroeville and the following conditions are met:
(1) If the registered owner submits an affidavit as specified above in this section, the designated party either accepts liability for the violation by paying the civil penalty or is determined liable in a civil hearing;
(2) If the registered owner submits an affidavit as specified above and the affidavit is supported by a stolen vehicle or stolen license plate report as required in that division;
(d) In the event that the Village of Monroeville Police Department receives from a registered owner an affidavit described above, the Village of Monroeville Police Department may proceed to send a notice of liability that conforms with this Chapter to the designated party, not later than twenty-one (21) days after receipt of the affidavit.
(e) A copy of the notice of liability alleging the violation of this chapter occurred, sworn to or affirmed by a law enforcement officer of the Village of Monroeville Police Department, with the recorded images produced by an automated traffic enforcement system shall be prima facie evidence of the facts contained therein and shall be admissible in a proceeding alleging a violation under this chapter.
(f) Exception for Emergency or Public Safety Vehicles: The provisions of this chapter shall not apply to emergency vehicles or public safety vehicles when those vehicles are responding to emergency or call for emergency service.
(Ord. 2024-01. Passed 2-13-24.)