(A) The vehicle owner shall be liable for a penalty imposed pursuant to this chapter if such vehicle is operated at a speed in excess of those set forth in § 73.10 or R.C. § 4511.21 as each may be amended from time to time, provided that:
(1) For a system location that is located within a school zone or within the boundaries of a state or local park or recreation area, the village shall not issue a violation as described in this chapter using an automated traffic law enforcement system unless the vehicle involved in the violation is traveling at least six miles per hour over the posted speed limit.
(2) For a system location that is located within any other location than those described in division (A)(1) of this section, the village shall not issue a violation as described in this chapter using an automated traffic law enforcement system unless the vehicle involved in the violation is traveling at least ten miles per hour over the posted speed limit.
(B) A person or entity who receives a notice of liability or ticket for a civil violation shall elect to do one of the following:
(1) In accordance with the instructions on the notice of liability, pay the civil penalty, thereby failing to contest liability and waiving the opportunity to contest the violation;
(2) (a) Within 30 days after receipt of the notice of liability, provide the Village Police Department with either of the following affidavits:
1. 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 may be held liable for the violation, and containing at a minimum the name and address of the designated party; or
2. An affidavit by the vehicle owner stating that at the time of the violation, the motor vehicle or the license plates of the motor vehicle involved were stolen or were in the care, custody, and control of some person who did not have the owner's permission to use the motor vehicle, or that the motor vehicle or license plates of the motor vehicle were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation. In order to demonstrate that the motor vehicle or license plates were stolen before the violation occurred and were not under the control or possession of the vehicle owner at the time of the violation, the vehicle owner must submit proof that a police report, incident report/general offense report about the stolen motor vehicle or license plates was filed prior to the violation or within 48 hours after the violation occurred.
(b) A registered owner is not responsible for a traffic law violation if, within 30 days after the date of mailing of the notice of liability, the registered owner furnishes an affidavit specified in division (B)(2)(a)1. or 2. to the village in a form established by the village and the following conditions are met:
1. If the registered owner submits an affidavit as specified in division (B)(2)(a)1. of this section, the designated party either accepts liability for the violation by paying the civil penalty or failing to request an administrative hearing within 30 days or is determined liable in an administrative hearing;
2. If the registered owner submits an affidavit as specified in division (B)(2)(a)2. of this section, the affidavit is supported by a stolen vehicle or stolen license plate report as required in that division;
3. If the registered owner is a motor vehicle leasing dealer or a motor vehicle renting dealer, notify the Village Police Department of the name and address of the lessee or renter of the motor vehicle at the time of the traffic law violation. A motor vehicle leasing dealer or motor vehicle renting dealer who receives a ticket for an alleged traffic law violation detected by a traffic law photo-monitoring device is not 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. The dealer shall not pay such a ticket or notice of liability and subsequently attempt to collect a fee or assess the lessee or renter a charge for any payment of such a ticket made on behalf of the lessee or renter.
4. If the vehicle involved in the traffic law violation is a commercial motor vehicle and the notice of liability is issued to a corporate entity, provide to the Village Police Department 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 alleged violation and who is the designated party.
5. Contest the ticket by filing a written request for an administrative hearing to review the notice of liability. The person or entity shall file the written request not later than 30 days after receipt of the notice of liability. The failure to request a hearing within this time period constitutes a waiver of the right to contest the violation and notice of liability, and is deemed to constitute an admission of liability and waiver of the opportunity to contest the violation.
(C) In the event that the village and/or the Village Police Department receives from a registered owner an affidavit described in division (B)(2)(a)1. or 2. of this section or a notice described in division (B)(2)(b)3. or 4. of this section, the village may proceed to send a notice of liability that conforms with § 77.04 to the designated party. The village shall send the notice of liability to the designated party not later than 21 days after receipt of the affidavit or notification.
(D) A certified copy of the notice of liability alleging the violation of this chapter occurred, sworn to or affirmed by a law enforcement officer of the Village Police Department, with the recorded images produced by an automated traffic law enforcement system photographic system shall be prima facie evidence of the facts contained therein and shall be admissible in a proceeding alleging a violation under this chapter.
(E) Exception for emergency or public safety vehicles: The provisions of this chapter shall not apply to the registered owner of emergency vehicles or public safety vehicles when those vehicles are responding to emergency or call for emergency service.
(Ord. 12-2016, passed 7-12-16)