(a) Notwithstanding any other provision of the traffic code ordinances of the Village of Windham, the Village hereby adopts a civil automated traffic law enforcement program for automated traffic law enforcement system violations as outlined in this Chapter. This program imposes monetary liability on the registered owner of a vehicle for failure of an operator thereof to strictly comply with the posted speed limit in school zones or streets or highways within the Village of Windham or to strictly comply with the requirement of section 4511.213 of the Revised Code or a substantially equivalent municipal ordinance when approaching a stationary public safety vehicle or emergency vehicle within the Village of Windham . The imposition of liability under this Chapter shall not be deemed a conviction for any purpose and shall not be made part of the operating record of any person upon whom the liability is imposed.
(b) The Chief of Police shall be responsible for administering the automated traffic law enforcement program. Specifically, the Chief of Police shall be empowered to deploy and operate the automated traffic law enforcement system within the Village of Windham.
(c) Any citation for an automated traffic law system violation pursuant to this section, known as a "notice of liability'' shall:
(1) Be approved by a law enforcement officer of the Village of Windham Police Department who shall examine evidence of an alleged violation recorded by the automated traffic law enforcement system to determine whether an infraction has occurred, and determine whether the recorded images in connection with an alleged violation shows an infraction, contains a date and time of the alleged violation, shows the letters and numerals on the vehicle's license plate and shows the state in which the license plate was issued.
(2) Be forwarded by first-class mail or personal service to the registered owner's address as given on the state's motor vehicle registration.
(3) Clearly state the manner in which the violation may be appealed.
(4) Comply with any valid state law requirement that a local authority shall use a traffic law photo-monitoring device to detect and enforce traffic law violations only if a law enforcement officer is present at the location of the device at all times during the operation of the device.
(Ord. 2018-22. Passed 10-23-18; Ord. 2019-2. Passed 1-22-19.)