315.01
Definitions.
315.02
General provisions.
315.03
Civil offense.
315.04
Notice of issuance of a ticket.
315.05
Rights of those ticketed.
315.06
Civil penalties.
315.08
Calibration.
315.09
Signs.
315.10
Collection of civil penalty.
CROSS REFERENCES
Aggravated speeding - see TRAF. 333.035
Construction zones - see GEN. OFF. 537.021
As used in this Chapter, words and phrases are defined as follows:
(a) "Automated speed enforcement program" is a program intended to reduce speeding violations using an automated speed enforcement system.
(b) "Automated speed enforcement system" is a system with one or more sensors working in conjunction with a traffic law photo-monitoring device to produce recorded images of motor vehicles traveling at a prohibited rate of speed.
(c) "Civil Traffic Camera Enforcement Attorney" means the person appointed by the Village Mayor and approved by Council to litigate cases in the Garfield Heights Municipal Court.
(d) "Vehicle Owner" shall mean a "registered owner" as such term is hereafter defined in this Section 315.01.
(e) "Motor Vehicle" has the same definition as in Village of Newburgh Heights Codified Ordinance Section 301.20, as amended from time to time.
(f) "Motor Vehicle Leasing Dealer" has the same meaning as in Section 4517.01 of the Ohio Revised Code.
(g) "Motor Vehicle Renting Dealer" has the same meaning as in Section 4549.65 of the Ohio Revised Code.
(h) “Recorded Images" means images recorded by an automated speed enforcement system traffic law photo monitoring device that show, on at least one image or on a portion of the videotape or recorded image, the rear of a motor vehicle and the letters and numerals on the rear license plate of the vehicle, on any of the following:
(1) Two or more photographs; or
(2) Two or more microphotographs; or
(3) Two or more electronic images; or
(4) Two or more digital images; or
(5) Videotape or video recording.
(i) "Date of issuance of ticket" shall be the date printed on ticket immediately prior to its mailing.
(j) "Traffic Law Photo-monitoring Device" means an electronic system consisting of photographic, video or electronic camera and a means of sensing the presence of a motor vehicle that automatically produces recorded images.
(k) "Traffic Law Violation" means either of the following:
(1) A violation of Section 4511.12 of the Revised Code based on the failure to comply with Section 4511.13 of the Revised Code or a substantially equivalent municipal ordinance that occurs at an intersection due to failure to obey a traffic signal;
(2) A violation of Section 4511.21 or 4511.211 of the Revised Code or Village of Newburgh Heights Codified Ordinance Section 333.03 due to failure to observe the applicable speed limit.
(l) "Registered Owner" means all of the following: (1) Any person or entity identified by the Ohio bureau of motor vehicles or any other state motor vehicle registration bureau, department, or office as the owner of a motor vehicle; (2) The lessee of a motor vehicle under a lease of six months or longer; (3) The renter of a motor vehicle pursuant to a written rental agreement with a motor vehicle renting dealer
(m) "System Location" means the approach to an intersection or area of roadway toward which a traffic law photo-monitoring device is directed and is in operation.
(n) "Law Enforcement Officer" means a sheriff, marshal, deputy marshal, police officer of a police department of any municipal corporation, police constable of any township, or police officer of a township or joint police district, who is employed or an auxiliary of the Village of Newburgh Heights Police Department.
(o) "Ticket" means any traffic ticket, citation, summons, or other ticket issued in response to an alleged traffic law violation detected by a traffic law photo monitoring device, that represents a civil violation.
(p) "Chapter" refers to Chapter 315 of the Codified Ordinances of the Village of Newburgh Heights and includes and encompasses each of the codified ordinances set forth therein as amended.
(Ord. 2024-11. Passed 7-16-24.)
(a) Notwithstanding any other provision of the traffic code ordinances of the Village of Newburgh Heights, the Village hereby adopts a civil enforcement program for automated speed enforcement system violations as outlined in this Chapter. This program imposes monetary liability on the registered 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 Village of Newburgh Heights. The imposition of liability under this Chapter 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.
(b) 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 Village of Newburgh Heights.
(c) Any ticket for an automated speed system violation pursuant to this section, known as a " ticket " shall:
(1) Be approved by a law enforcement officer of the Village of Newburgh Heights Police Department 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 numerals on the vehicle's license plate and shows the state in which the license plate was issued.
(2) Be forwarded by first-class mail or personal service to the registered owner's address as given on the state's motor vehicle registration.
(3) Clearly state the manner in which the violation may be contested.
(4) Comply with the applicable requirements of state law.
(Ord. 2024-11. Passed 7-16-24.)
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