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(a) Unless the driver of the motor vehicle received a ticket from a police officer at the time of the violation, or unless an exception or defense to liability set forth in Section 315.05, or otherwise, applies, the registered owner or designated 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 Chapter.
(b) The civil penalty under this Chapter shall be in accordance with the following schedule:
(1) Penalties for traffic law violations occurring within any other location than those described in Section 315.03(a)(1) shall be assessed as follows, according to the degree of the traffic law violation:
Amount of Penalty for a 1st Offense by a Registered Owner or Designated Party beginning 10/15/2024
1-19 | $195.00 |
20-29 30 or more | $225.00 $250.00 |
within a school zone | |
1-19 | $195.00 + Court Costs/Fees as determined by the Municipal Court. |
20-29 | $225.00 + Court Costs/Fees as determined by the Municipal Court. |
30 or more | $250.00 + Court Costs/Fees as determined by the Municipal Court. |
Amount of Penalty for a 2nd Offense by a Registered Owner or Designated Party beginning 10/15/2024
1-19 | $220.00 |
20-29 30 or more | $245.00 $250.00 |
within a school zone | |
1-19 | $220.00 + Court Costs/Fees as determined by the Municipal Court. |
20-29 | $245.00 + Court Costs/Fees as determined by the Municipal Court. |
30 or more | $250.00 + Court Costs/Fess as determined by the Municipal Court. |
Amount of Penalty for a 3rd Offense and All Offenses Thereafter by a Registered Owner or Designated Party, beginning 10/15/2024
1-19 | $250.00 |
20-29 30 or more | $250.00 $250.00 |
within a school zone | |
1-19 | $250.00 + Court Costs/Fees as determined by the Municipal Court. |
20-29 | $250.00 + Court Costs/Fees as determined by the Municipal Court. |
30 or more | $250.00 + Court Costs/Fees as determined by the Municipal Court. |
(2) Amounts owed hereunder may be referred to a collection agency or other service provider for collection after a final judgment finding the motorist liable for the traffic camera violation is issued by the Garfield Heights Municipal Court.
(3) The failure to respond to a ticket in a timely fashion as set forth in this ordinance shall constitute an admission of liability and a waiver of the right to contest liability for the violation under Section 315.03(b) of this Chapter.
(4) Persons who choose to pay the civil penalty without appearing before the Garfield Heights Municipal Court as set forth in Codified Ordinance Section 315.07 may do so in the manner indicated on the notice of liability.
(5) A violation for which a civil penalty is imposed under this chapter is not a moving violation for the purpose of assessing points under Ohio Revised Code Section 4507.021 for minor misdemeanor moving traffic offenses and shall 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, nor shall such a violation be recorded on the driving record of the owner or operator of the vehicle involved in the violation.
(Ord. 2024-11. Passed 7-16-24.)
The manufacturer or operator of the automated speed enforcement system used by the Village, or an independent calibration laboratory, shall calibrate said device before it is used by the Village. 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 system locations, the Village shall perform or cause to be performed 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 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 Village police department 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 Village. (Ord. 2024-11. Passed 7-16-24.)
The Village Service Department shall erect signs on every highway, which is not a freeway, that is part of the state highway system and that enters into the Village and at each fixed system location. The signs shall inform inbound traffic that the Village utilizes traffic law photo-monitoring devices to enforce traffic laws. The signs shall be erected within the first three hundred feet of the boundary of the Village and any fixed system location or, if the signs cannot be located within the first three hundred feet of the boundary of the Village or a fixed system location, as close to that distance as possible, in accordance with Ohio Revised Code Chapter 4511.094.
(Ord. 2024-11. Passed 7-16-24.)
(a) If a judgment for a civil penalty under this Chapter is issued by the Garfield Heights Municipal Court and is not satisfied, the Village may seek payment on the judgment amount, together with any applicable interest and cost thereon, in any manner authorized by law. In addition to any other fees or charges authorized by this Chapter in relation to the commission of a Traffic Law Violation thereof, a person liable for the penalties established under this Chapter may be assessed any costs incurred by the Village in the collection of the debt, including but not limited to attorney's fees.
(Ord. 2024-11. Passed 7-16-24.)