(A) Unless the driver of the motor vehicle received a citation from a police officer at the time of the violation, or unless the exception or defense to liability set forth in § 77.03(D) applies, the registered owner or designated party for the motor vehicle is subject to a civil penalty if the motor vehicle is recorded by an automated traffic law enforcement system while being operated in violation of this chapter.
(B) The civil penalty under this chapter shall be in accordance with the following schedule:
(1) (a) Penalties for failure to observe the applicable speed limit occurring within any other location than those described in § 77.03(A)(1) shall be assessed as follows, according to the degree of the traffic law violation:
Miles Per Hour Over Speed | Amount of Penalty Limit |
10-19 | $100.00 |
20-29 | $125.00 |
30 or more | $150.00 |
(b) Within a school zone or within the boundaries of a state or local park or recreation area:
Miles Per Hour Over Speed | Amount of Penalty Limit |
6-19 | $125.00 |
20-29 | $150.00 |
30 or more | $175.00 |
(2) The penalty for a violation of R.C. § 4511.213 or a substantially equivalent municipal ordinance shall be $100. If the violation occurs when the motor vehicle is traveling at a speed in excess of 20 miles per hour over the posted speed limit, the penalty shall be increased to $150.
(3) If the civil penalty is paid after 30 calendar days, but within 45 calendar days after date of issuance of the notice of liability, an additional late fee of $25 shall be added to the amount of the civil penalty;
(4) If the civil penalty is paid after 45 calendar days of the date of issuance of the notice of liability, an additional late fee of $80 shall be added to the amount of the civil penalty.
(5) 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 with a collection agency thereof shall be assessed against the person or entity found to be liable hereunder.
(6) 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.
(7) The failure to respond to a notice of liability in a timely fashion as set forth in this chapter shall constitute a waiver of the right to contest liability for the violation under § 77.03.
(8) Persons who choose to pay the civil penalty without appearing before a hearing examiner as set forth in § 77.07 may do so in the manner indicated on the notice of liability.
(9) A violation for which a civil penalty is imposed under this chapter is not a moving violation for the purpose of assessing points under R.C. § 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 Bureau of Motor Vehicles, nor shall such a violation be recorded on the driving record of the owner or operator of the vehicle involved in the violation.
(Ord. 12-2016, passed 7-12-16)