As used in this chapter, words and phrases are defined as follows:
(a) "Automated traffic law enforcement program" is a program intended to reduce speeding and other designated traffic law violations using an automated traffic law enforcement system.
(b) "Automated traffic law enforcement system" is a system with one or more sensors working in conjunction with a traffic law photo-monitoring device to produce recorded images of motor vehicles traveling at a prohibited rate of speed or violating other traffic laws designated by this Ordinance.
(c) "Hearing Officer" is the independent third party hearing officer appointed by the Mayor and who is an active, registered attorney in good standing with the Ohio Supreme Court, other than a person who is employed by a law enforcement agency as defined in section 109.573 of the Ohio Revised Code. The Hearing Officer is appointed to conduct administrative hearings on violations recorded by traffic law photo-monitoring devices.
(d) "Vehicle owner" shall mean a "registered owner as such term is hereafter defined in this Section 315.01.
(e) "Motor vehicle" has the same definition as in Village of Windham Codified Ordinance Section 301.20, as amended from time to time.
(f) "Emergency vehicle" and "public safety vehicle" have the same meanings as in section 4511.01 of the Ohio Revised Code.
(g) "Motor vehicle leasing dealer" has the same meaning as in section 4517.01 of the Ohio Revised Code.
(h) "Motor vehicle renting dealer" has the same meaning as in section 4549.05 of the Ohio Revised Code.
(i) “Recorded images" means images recorded by an automated traffic law enforcement system photo-monitoring device that show, on at least one image or on a portion of the videotape, the front or rear of a motor vehicle and the letters and numerals on the front or rear license plate of the vehicle, on any of the following:
(1) Two or more photographs; or
(2) Two or more microphotographs; or
(3) Two or more electronic images; or
(4) Two or more digital images; or
(5) Videotape or video recording.
(j) "Date of issuance of notice of liability" shall be the date printed on the notice of liability immediately prior to its mailing.
(k) “Traffic law photo-monitoring device" means an electronic system consisting of photographic, video or electronic camera and a means of sensing the presence of a motor vehicle that automatically produces recorded images.
(l) "Traffic law violation" means all of the following:
(1) A violation of section 4511.12 of the Revised Code based on the failure to comply with section 4511.13 of the Revised Code or a substantially equivalent municipal ordinance that occurs at an intersection due to failure to obey a traffic signal;
(2) A violation of section 4511.21 or 4511.211 of the Revised Code or Village of Windham Codified Ordinance Section 333.03 due to failure to observe the applicable speed limit;
(3) A violation of section 4511.213 of the Revised Code or a substantially equivalent municipal ordinance.
(m) "Registered owner" means all of the following:
(1) Any person or entity identified by the Ohio bureau of motor vehicles or any other state motor vehicle registration bureau, department, or office as the owner of a motor vehicle;
(2) The lessee of a motor vehicle under a lease of six months or longer;
(3) The renter of a motor vehicle pursuant to a written rental agreement with a motor vehicle renting dealer.
(n) "System location" means the approach to an intersection or area of roadway toward which a traffic law photo-monitoring device is directed and is in operation.
(o) "Law enforcement officer" means a sheriff, deputy sheriff, Marshal, deputy marshal, police officer of a police department of any municipal corporation, police constable of any township, or police officer of a township or joint police district, who is employed on a permanent, full-time basis by the Village of Windham Police Department.
(p) "Ticket" or "notice of liability" means any traffic ticket, citation, summons, or other ticket issued in response to an alleged traffic law violation detected by a traffic law photo monitoring device, that represents a civil violation.
(q) "Chapter" refers to Chapter 315 of the Codified Ordinances of the Village of Windham and includes and encompasses each of the codified ordinances set forth therein as amended.
(Ord. 2018-22. Passed 10-23-18; Ord. 2019-2. Passed 1-22-19.)