(a) General.
(1) The City of Northwood hereby adopts an automated traffic enforcement system for the purpose of using photographic, video or digital imaging equipment to record visual images of vehicles entering intersections in violation of Section 414.01 and/or operating a vehicle in excess of the limits set forth in Section 434.03 and using said images as the basis for issuing “Notice of Liability” to the vehicle owner or responsible party of such vehicles.
(2) The City Streets Department and the Police Department shall be responsible for implementing the automated traffic enforcement system for both traffic signal and speed enforcement. These departments are hereby empowered to designate the intersections and streets to be monitored by automated traffic enforcement systems; to install, operate and maintain automated traffic enforcement systems at such designated locations; and to take any and all other measures necessary for the implementation of the system. The Police Department shall maintain a list available to the public, of locations so monitored.
(3) The intersections chosen for automated traffic enforcement under this section must display a yellow traffic control signal for a time that complies with the Ohio Department of Transportation's Manual of Uniform Traffic Control Devices.
(4) The street locations chosen for automated traffic enforcement under this section must display a speed limit sign in compliance with the Ohio Department of Transportation's Manual of Uniform Traffic Control Devices Section 2B.11 and Section 2B.15 and Ohio R.C. 4511.21.
(b) Notice Requirements.
(1) Prior to automated traffic enforcement system implementation, the Police Department or its designee shall publish notice in a local newspaper of general circulation. Said notice must announce when the automated traffic enforcement will begin.
(2) The Police Department or its designee shall post a sign in a conspicuous location that provides notice that an automated traffic enforcement system is being used to monitor traffic.
(3) For the first 30 days that an automated traffic enforcement system is in operation no “Notices of Liability” may be issued on the basis of the images produced by the system. Warnings may be issued during that 30 day period.
(c) Offense.
(1) An officer employed by the Police Department shall examine the image recorded by the automated traffic enforcement system to determine whether an infraction has occurred. If the image recorded by the automated traffic enforcement system shows an infraction, contains a date and time of the alleged violation, and shows the letter and numbers on the vehicle's license plate, as well as the state in which the license was issued, the officer may use any lawful means to identify the vehicle owner.
(2) The fact that a person is registered as the owner of a vehicle with the vehicle registration office of the state that issued the license plate displayed on the vehicle shall be prima facie evidence that said person was operating the vehicle at the time of an infraction recorded by an automated traffic enforcement system.
(3) Within 30 days of the infraction and upon identification of the registered owner of the vehicle, a Northwood Police Command officer may issue and send by first-class United States mail a “Notice of Liability” charging the vehicle owner with an infraction. Said “Notice of Liability” must state the date on which the “Notice of Liability” was issued, the date, time and location of the infraction; the time in which a response must be made; and the manner in which the “Notice of Liability” may be appealed. In addition, a copy of the image(s) that served as a basis for the “Notice of Liability” must accompany the “Notice of Liability”.
(4) A person who receives such a “Notice of Liability” shall be required to respond to it by paying a civil penalty as directed on the “Notice of Liability” within 30 days of its issue date, or by submitting proof of his or her non-liability as set forth in subsection (c)(5) of this section within 30 days of its issue date, or by submitting, to the address listed on the “Notice of Liability”, a request for a hearing as set forth in subsection (d) within 30 days of its issue date.
(5) Notwithstanding subsection (c)(2) of this section, the vehicle owner of the vehicle shall not be liable for a penalty under this section if:
A. At the time of the infraction, the vehicle was in the custody of someone other than the vehicle owner and the vehicle owner submits, to the address listed on the ticket, substantial and convincing evidence of the identity of the responsible party at the time of the violation, including, at a minimum, the responsible party's name and current address.
B. At the time of the infraction, the vehicle or the license plate depicted in the image which served as the basis for the “Notice of Liability” was stolen and the vehicle owner submits, to the address listed on the ticket, a copy of the police report stating the vehicle or license plate had been reported stolen at the time.
(d) Appeal.
(1) A person named in a “Notice of Liability” pursuant to this section may appeal the “Notice of Liability” by making a written request for a hearing to the address listed on the “Notice of Liability”.
(2) Within 45 days of the receipt of the request for a hearing, a hearing officer appointed by the Police Department or its designee shall hold a hearing. The hearing officer shall determine whether a preponderance of evidence establishes that a violation occurred and that the person named in the “Notice of Liability” is liable for the penalty set forth in subsection (e) of this section.
(3) A certified copy of the “Notice of Liability” alleging the violation, along with a copy of the image that served as a basis for the “Notice of Liability”, shall be prima facie evidence of the facts contained therein and shall be admissible in a proceeding alleging a violation under this chapter.
(4) In considering whether the person is liable, the hearing officer may consider any of the following as an affirmative defense of a violation:
A. That the “Notice of Liability” was issued and sent by first-class mail more than 30 days after the date of the infraction recorded by the automated traffic enforcement system.
B. That the driver of the vehicle passed through the intersection or had increased speed in order to yield the right-of-way to an emergency vehicle, in accordance with Ohio R.C. 4511.45 or to a funeral procession, in accordance with Ohio R.C. 4511.451.
C. That either the vehicle or the license plate depicted on the image which served as the basis for the “Notice of Liability” was stolen before the violation occurred and was not in possession of the owner at the time of the violation, if the vehicle owner submits proof that a police report about the stolen vehicle or license plate was filed prior to, or within 48 hours after the violation.
D. That this section is unenforceable because the automated traffic enforcement system was not operating properly, or the automated traffic enforcement system was not in a proper position, or that the image that served as the basis for the “Notice of Liability” is not legible enough to show the letters and numbers or the state that issued the license plate on the vehicle.
E. That the driver of the vehicle entered the intersection as part of a funeral procession or at the direction of a police officer.
F. Substantial and convincing evidence that the owner or person named in the “Notice of Liability” was not operating the vehicle at the time of the violation. To satisfy the evidentiary burden under this subsection, the vehicle owner or person named in the “Notice of Liability” shall provide the hearing officer with substantial and convincing evidence of the responsible party, including, at a minimum, the responsible party’s name and current address.
(5) The hearing officer shall notify the Police Chief or the Police Chief’s designee, as well as the person named on the “Notice of Liability”, of the decision within five days of the hearing. In addition, should the hearing officer conclude that a preponderance of evidence demonstrates that someone other than the person named in the “Notice of Liability” was operating the vehicle at the time of the violation, the hearing officer shall forward to the Northwood Police Department all evidence provided to him or her as to the operator's identity.
(6) Within ten business days of receiving the evidence referred to in subsection (d)(5) of this section, the Police Department or its designee may issue a “Notice of Liability” to the responsible party.
(e) Penalties.
(1) Unless the vehicle owner or responsible party for a vehicle which is in violation of Section 414.01 received a citation from a police officer at the time the violation occurred, the operator shall be subject to a civil penalty equal to the penalty for said offense if issued through the Northwood Mayor's Court (first offense), if the vehicle is recorded by an automated traffic enforcement system.
(2) Unless the operator of a vehicle that is in violation of Section 434.03 received a citation from a police officer at the time the violation occurred, the operator shall be subject to a civil penalty equal to the penalty for said offense if issued through the Northwood Mayor's Court (First offense, second level), if the vehicle is recorded by an automated traffic enforcement system.
(3) A violation for which a civil penalty is imposed under this section shall not be considered a moving violation for the purpose of assessing points under Ohio R.C. 4507.021 and shall not be reported to the Bureau of Motor Vehicles of any state.
(4) The failure to respond to a “Notice of Liability” in a timely fashion as set forth in subsection (c)(4) of this section shall constitute a waiver of the right to contest liability for the violation under subsection (c) of this section. Said failure shall result in an additional penalty of twenty five dollars ($25.00).
(5) If the penalties set forth in this subsection remain unpaid for more than 60 days after the date on which the ticket was issued, the penalties shall be collected, together with any interest and penalties thereon, by civil suit or other appropriate means of collection.
(Ord. 2004-37. Passed 10-14-04; Ord. 2005-8. Passed 2-10-05; Ord. 2005-44. Passed 9-22-05; Ord. 2010-16. Passed 5-13-10.)