(a) Unless the driver of a motor vehicle received a citation from a police officer at the time of the violation, or unless an exception or defense to liability set forth in Section 319.05 applies, the owner or responsible party for the motor vehicle is subject to a civil penalty of the motor vehicle is recorded by a law enforcement officer using an Officer-Operated Traffic Law Enforcement Device while being operated in violation of this Chapter.
(b) The civil penalty under this chapter shall be the following:
(1)
Miles Per Hour Over Speed Limit | Amount of Penalty |
1-19 | $150.00 |
20-29 | $200.00 |
30 or more | $250.00 |
within a school zone or within the boundaries of a state or local park or recreation area | |
1-19 | $150.00 |
20-29 | $200.00 |
30 or more | $250.00 |
(2) If the civil penalty is paid more than thirty (30) calendar days, but within forty-five (45) calendar days after date of issuance of the notice of liability, an additional late fee of twenty-five dollars ($25.00) shall be added to the amount of the civil penalty;
(3) If the civil penalty is paid more than forty-five (45) calendar days after date of issuance of the notice of liability, an additional late fee of eighty dollars ($80.00) shall be added to the amount of the civil penalty;
(4) In addition to any civil penalty and any additional late fee, any and all costs or expenses incurred by the Village in connection with the placement of a traffic law violation ticket or notice of liability issued hereunder with outside counsel for litigation or collection thereof shall be assessed against the person or entity found to be liable hereunder.
(5) In addition to any civil penalty and any additional late fee, any and all costs or expenses incurred by the Village in collecting any amount owed hereunder shall be assessed against the person or entity found to be liable hereunder. Amounts owed hereunder may be referred to a collection agency or other service provider for collection. In the event that the Village makes a referral to any such collection agency or service provider for collection of the civil penalty and any additional amounts owed hereunder, the costs or expenses incurred by the Village in collecting said amounts will be thirty-five percent (35%) of the amount due and owing. Said thirty-five percent (35%) collection fee shall not preclude any other charge, expense or fee allocable under this chapter to a registered owner of a designated party of a motor vehicle.
(6) The failure to respond to a notice of liability in a timely fashion as set forth in this ordinance shall constitute a waiver of the right to contest liability for the violation under Section 319.05 of this Chapter.
(7) Persons who choose to pay the civil penalty without appearing before the Stow Municipal Court as set forth in Codified Ordinance Section 319.07 may do so in the manner indicated on the notice of liability.
(8) 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 may 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. 07-2023. Passed 4-11-23.)