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(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.)
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. 2024-12. Passed 7-16-24.)