(a) The Village or its designee shall process and issue 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 Traffic Law photo monitoring device and/or Law Enforcement Officer who used the Traffic Law Photo-monitoring Device to record the violation;
(6) The name and badge number of the Law Enforcement Officer who approved the Traffic Law Photo-monitoring 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 the motorist of the options prescribed in Section 315.05 hereof and/or Section 4511.098 of the Ohio Revised Code, 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 Section 315.05; and
(10) A warning that failure to exercise one of the options prescribed in Section 315.05 is deemed to be an admission of liability and waiver of the opportunity to contest the violation.
(b) 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. Upon issuance of a Ticket for a civil violation, the Village shall file the Ticket with the Garfield Heights Municipal Court, and shall at the same time pay to the Court a non-refundable filing fee in the amount established by the Court; except that a filing fee shall not be paid by the Village upon the filing of a ticket issued in a school zone and shall only be paid if the school zone ticket is contested and the Court finds that the Village fails to prove the violation.
(c) 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.
(d) Except as provided under Section 315.05 of this Chapter, the Village of Newburgh Heights or its designee may not mail a notice of liability to a person who is not the registered owner.
(e) 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 applicable state vehicle registration office) was operating the vehicle at the time of the offense set out in Section 315.03 of this Chapter. This evidence and presumption may be rebutted in accordance with Section 315.03(b) or 315.07 of this Chapter of the Codified Ordinances of the Village of Newburgh Heights.
(f) Nothing in this Section shall be construed to limit the liability of an owner of a vehicle for any violation of Section 315.03.
(Ord. 2023-26. Passed 6-21-23.)