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(a) "Designated Party" means the person whom the registered owner of a motor vehicle, upon receipt of a ticket based upon images recorded by a law enforcement officer using an Officer-Operated Handheld Traffic Law Enforcement Device that indicates a traffic law violation occurred, identifies as the person who was operating the vehicle of the registered owner at the time of the violation.
(b) "Civil Traffic Camera Enforcement Attorney" means the person appointed by the Village Mayor to litigate cases in the Garfield Heights Municipal Court.
(c) "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.
(d) "Local Authority" means the Village of Newburgh Heights.
(e) "Motor Vehicle Leasing Dealer" has the same meaning as in Ohio Revised Code Section 4517.01.
(f) "Motor Vehicle Renting Dealer" has the same meaning as in Ohio Revised Code Section 4549.65.
(g) "Recorded Images" means any of the following images recorded by a law enforcement officer using an Officer-Operated Handheld Traffic Law Enforcement Device that show, on at least one image or on a portion of the videotape, the letters and numerals on the front or rear license plate of the vehicle:
(1) Two or more photographs, microphotographs, electronic images, or digital images;
(2) Videotape or video recording.
(h) "Registered Owner" means any or all of the following:
(1) Any person or entity identified by the Bureau of Motor Vehicles or any other state motor vehicle registration bureau, department, or office 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.
(i) "System Location" means the approach to an intersection or area of roadway toward which an Officer-Operated Handheld Traffic Law Enforcement Device is directed and is in operation.
(j) “Ticket" means any traffic ticket, citation, summons, or other ticket (collectively, "ticket") issued in response to an alleged traffic violation detected by a law enforcement officer using an Officer-Operated Handheld Traffic Law Enforcement Device, that represents a civil violation.
(k) "Traffic Law Violation" means a violation of Ohio Revised Code Section 4511.21 or 4511.211 or a substantially equivalent municipal ordinance due to failure to observe the applicable speed limit.
(l) "Officer Enforced Traffic Law System Violations" means tickets for civil violations issued by a Village police officer using an Officer-Operated Handheld Traffic Law Enforcement Device.
(m) "Officer-Operated Handheld Traffic Law Enforcement Device" means a portable, handheld electronic device that contains laser speed measurement and photographic imaging components that can determine the speed of a moving vehicle only upon manual activation by a person who senses the presence of a motor vehicle and activates the device. Such devices do not have a means of sensing the presence of a motor vehicle that automatically produces recorded images. (Ord. 2024-12. Passed 7-16-24.)
(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 system violations as outlined in this chapter. This program imposes monetary liability on the owner of a vehicle for failure of an 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 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 officer-enforced traffic law system.
(c) A ticket 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 owner or operator of the 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. Village Council may adopt such resolutions as may be necessary to enable the Village to utilize Officer-Operated Handheld Traffic Law Enforcement Devices.
(Ord. 2024-12. Passed 7-16-24.)
(a) The vehicle owner shall be liable for a penalty imposed pursuant to this section if such vehicle is operated at a speed in excess of those set forth in Section 333.03 of these Codified Ordinances or Ohio Revised Code Section 4511.21 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 Chapter 317 is a civil violation.
(Ord. 2024-12. Passed 7-16-24.)
(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 system location of the 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 used 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;
(8) A statement signed by a law enforcement officer employed by the Village indicating that, based on an inspection of recorded images, the motor vehicle was involved in a traffic law violation, and a statement indicating that the recorded images are prima facie evidence of that traffic law violation both of which may be signed electronically;
(10) A warning that failure to exercise one of the options prescribed in Section 317.05 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 a ticket 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 a warning notice in lieu of a ticket under this section.
(Ord. 2024-12. Passed 7-16-24.)
(a) A person or entity who receives a Ticket for a Traffic Law Violation sent in compliance with this Chapter shall elect to do one of the following within thirty (30) days of the mailing date of the Ticket:
(1) In accordance with instructions on the Ticket, pay the civil penalty, thereby admitting liability and waiving the opportunity to contest the violation; or
(3) The Registered Owner may provide the Garfield Heights Municipal Court with one of the following affidavits or requisite notification:
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 violation, identifying that person as a Designated Party who shall be held liable for the violation, and containing at a minimum the name and address of the Designated Party; or
B. An affidavit executed by the Registered Owner stating that at the time of the violation, the motor vehicle or the license plates issued to the motor vehicle were stolen and therefore were in the care, custody, or control of some person or entity to whom the Registered Owner did not grant permission to use the motor vehicle. In order to demonstrate that the motor vehicle or the license plates were stolen prior to the Traffic Law Violation and therefore were not under the control or possession of the Registered Owner at the time of the violation, the Registered Owner shall submit proof that a report about the stolen motor vehicle or license plates was filed with the appropriate law enforcement agency prior to the Traffic Law Violation or within forty-eight (48) hours after the Traffic Law Violation occurred; or
C. If the Registered Owner is a corporate entity, an affidavit, sworn to or affirmed by an agent of the corporate entity, that provides the name and address of the employee who was operating the motor vehicle at the time of the Traffic Law Violation and who is the Designated Party; or
D. If the Registered Owner is a Motor Vehicle Leasing Dealer or a Motor Vehicle Renting Dealer, written notification of the name and address of the lessee or renter of the motor vehicle at the time of the Traffic Law Violation and who is the Designated Party. Neither the Motor Vehicle Leasing Dealer nor the Motor Vehicle Renting Dealer shall pay such a Ticket and subsequently attempt to collect a fee or assess the lessee or renter for any payment of such a Ticket made on behalf of the lessee or renter.
(b) When the Garfield Heights Municipal Court receives an affidavit or notification described in this Section 317.05 from a Registered Owner, the Village or its designee may proceed to send a Ticket that conforms with the requirements set forth in Section 317.04 to the Designated Party. The Village or its designee, upon being notified by the Garfield Heights Municipal Court, shall send the Ticket to the Designated Party by ordinary mail not later than twenty-one (21) days after receipt of the affidavit or notification from the Garfield Heights Municipal Court. Upon issuance of a Ticket to the Designated Party, the Village shall file the Ticket with the Garfield Heights Municipal Court but shall not pay an additional filing fee for said re-issued Ticket.
(c) A Registered Owner shall not be responsible for a Traffic Law Violation if, within thirty (30) days after the date of mailing of the Ticket, the Registered Owner furnishes either an affidavit or the notification specified in subsection (b) above, to the Garfield Heights Municipal Court and one of the following conditions is met:
(1) Under this Section 317.05, within thirty (30) days after the date of mailing of a Ticket to the Designated Party, the Designated Party either accepts liability for the Traffic Law Violation by paying the civil penalty or fails to contest liability for the Ticket in accordance with Section 317.05;
(2) Under Section 317.05, the Registered Owner submits an affidavit to the Garfield Heights Municipal Court that is supported by a stolen vehicle or stolen license plate report filed with an appropriate law enforcement agency.
(3) Under Section 317.05, if it is determined that a valid Motor Vehicle Leasing Dealer or Motor Vehicle Renting Dealer received a Ticket for an alleged Traffic Law Violation detected by a Law Enforcement Officer using an Officer-Operated Handheld Traffic Law Enforcement Device, neither will be held liable for a Ticket issued for a motor vehicle that was in the care, custody, or control of a lessee or renter at the time of the alleged violation.
(Ord. 2024-12. Passed 7-16-24.)
(a) Unless the driver of a motor vehicle received a ticket from a police offer at the time of the violation, or unless an exception or defense to liability set forth in Section 317.05 applies, the owner or responsible party for the motor vehicle is subject to a civil penalty if the motor vehicle is recorded by a law enforcement officer using an Officer-Operated Handheld Traffic Law Enforcement Device while being operated in violation of this Chapter.
(b) The civil penalty under this chapter shall be the following:
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/Fees 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 Registered Owner or Designated Party 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 317.05 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 317.07 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 the Bureau of Motor Vehicles, nor shall a violation be recorded in the driving record of the owner or operator of the vehicle involved in the violation.
(Ord. 2024-12. Passed 7-16-24.)
(a) Upon request, each manufacturer of an Officer-Operated Handheld Traffic Law Enforcement Device shall provide to the Village the maintenance record of any such device used in the Village.
(b) (1) Commencing January 2016, not later than the last day of January of each year, the manufacturer of any Officer-Operated Handheld Traffic Law Enforcement Device used by the Village shall provide to the Village a certificate of proper operation that attests to the accuracy of the device.
(2) The Village shall test the accuracy of each such Officer-Operated Handheld Traffic Law Enforcement Device with an independent, certified speed measuring device or some other commonly accepted method prior to its use at each system location.
(Ord. 2024-12. Passed 7-16-24.)
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