307.03 NOTICE OF LIABILITY.
(a) Prior to the activation of a photo traffic enforcement system at a location, the Chief of Police or designee shall erect a sign in a conspicuous location that provides notice that a photo traffic enforcement system is being used to monitor traffic, as required by Ohio R.C. 4511.094.
(b) For thirty (30) days after the activation of a photo red light or speed traffic enforcement system at a location, no notices of liability will be issued based upon the images produced by the system. Warnings may be issued during this thirty (30) day period.
(c) A police officer, or other special officer as defined in Section 49 of the Charter of the City of Youngstown, shall examine the image recorded by the photo traffic enforcement system to determine whether a violation as defined in Section 307.01(e) of this chapter has occurred. If the image recorded by the photo traffic enforcement system shows a violation, contains a date and time of the violation, and shows the vehicle's license plate number as well as the state in which the license was issued, the officer may use any lawful means to identify the vehicle's owner.
(d) It shall be prima-facie evidence that the person registered as the owner of the vehicle with the Ohio Bureau of Motor Vehicles or with any other State vehicle registration office, or as defined in Section 307.01(d), was operating the vehicle at the time of the violation as defined in Section 307.01(e) of this chapter.
(e) Within thirty (30) days of the violation and upon identification of the registered owner of the vehicle, the Chief of Police or designee may issue a notice of violation and notice of liability, charging the owner with a violation. The notice of violation and notice of liability shall be sent by first-class U.S. mail and must state the date on which the notice of liability was issued, the date, time and location of the violation, the time in which an answer must be made by the vehicle owner, and the manner in which the notice of liability may be appealed. In addition, a copy of the image(s) that served as a basis for the violation must accompany the notice of liability. In the event the issuing agent subsequently receives a USPS return of the originally issued notice marked as "undeliverable," within thirty (30) days of receipt, the issuing agent may re-issue the notice of violation and notice of liability to the registered owner. Other than the modification of the date on which the notice of liability was re-issued, the re-issued notice of liability shall conform in all other respects to the requirement of this section.
(f) Nothing in this section shall be construed as altering or limiting the liability of the owner or operator of a motor vehicle for any violation of the Ohio Revised Code or City of Youngstown Traffic Code set forth in these Codified Ordinances, the criminal penalties imposed by those traffic laws, or the ability of a police officer to enforce those traffic laws against any offender observed by the officer violating any of those traffic laws. Nothing in this section shall be construed to limit the liability of an operator of a vehicle for any violation as defined in Section 307.01(e) of this chapter.
(Ord. 22-426. Passed 11-15-22.)