(a) An officer employed by the Division of Police shall examine the images recorded by the ATCPS to determine whether an infraction of Sections 313.01, 313.03 and/or 333.03 of the Traffic Code or Ohio Revised Code Sections 4511.13 and/or 4511.21 has occurred. If the image recorded by the ATCPS 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.
(b) The fact that a person or entity is the Vehicle Owner shall be prima facie evidence that said person or entity was operating the vehicle at the time of an infraction recorded by an ATCPS.
(c) A certified copy of the Notice of Liability alleging violation of this Section, sworn to or affirmed by a duly authorized Police Officer of the Division of Police, with the recorded images produced by an ATCPS, shall be prima facie evidence of the facts contained therein and shall be admissible in a proceeding for review of the Notice of Liability under this Chapter.
(d) Within thirty (30) calendar days of the infraction and upon identification of the Vehicle Owner, the City or its designee 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 be consistent with the requirements set forth in Section 307.05(a).
(e) A person or entity who receives a Notice of Liability shall be required to respond to it in one of the manners set forth in Section 307.06(a).
(f) The Vehicle Owner shall not be responsible for the violation if, within fifteen (15) calendar days after receipt of the Notice of Liability, the Vehicle Owner furnishes the Division of Police with:
(1) 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; or
(2) An affidavit by the Vehicle Owner stating that at the time of the violation, the vehicle or the license plates of the vehicle involved were stolen or were in the care, custody, or control of some person or entity who did not have the Vehicle Owner's permission to use the vehicle. In order to demonstrate that the vehicle or the license plates were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the Vehicle Owner must submit proof that a police report about the stolen motor vehicle or license plates was filed prior to the violation or within 48 hours after the violation occurred; or
(3) The name and address of the vehicle's lessee or renter at the time of the violation, if the Vehicle Owner is a "motor vehicle leasing dealer" or a "motor vehicle renting dealer" as defined in Ohio Revised Code Section 4511.092(A) and consistent with Section 4511.092(B).
(g) If the vehicle involved in the violation is a commercial vehicle and the Notice of Liability is issued to a corporate entity, the corporate entity must provide to the Division of Police an affidavit, sworn to or affirmed by the statutory agent of the corporate entity, that:
(1) States that the person or entity named in the Notice of Liability was not in operation of the vehicle at the time of the violation; and
(2) Provides the name, address, and driver's license identification number of the person who was in operation of the vehicle at the time of the violation.
(Ord. 17-2013. Passed 4-9-13.)