§ 79.01. Civil penalties for automated mobile speed enforcement system violations.

A.

General.

1.

Notwithstanding any other provision of this traffic code, the City of Akron hereby adopts a civil enforcement system for automated mobile speed enforcement system violations as outlined in this section. Said system imposes monetary liability on the 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 City of Akron that include crosswalks used by children going to or leaving a school during recess and opening and closing hours.

2.

The Akron Police Department shall be responsible for administering the automated mobile speed enforcement system. Specifically, the Akron Police Department shall be empowered to install and operate the automated mobile speed enforcement system within the City of Akron using trained technicians who may be police officers, Police Department employees, or other trained technicians who are not employees of the Akron Police Department.

3.

Any citation for an automated mobile speed system violation pursuant to this section, known as a "notice of liability" shall:

a.

Be processed by officials or agents of the City of Akron; and

b.

Be forwarded by first-class mail or personal service to the vehicle's registered owner's address as given on the state's motor vehicle registration; and

c.

Clearly state the manner in which the violation may be appealed.

B.

Definitions.

1.

Automated mobile speed enforcement system is a system with one or more sensors working in conjunction with a speed measuring device to produce recorded images of motor vehicles traveling at a prohibited rate of speed.

2.

"Hearing Officer" is the independent third party appointed by the Mayor.

3.

"Vehicle owner" is the person or entity identified by the Ohio Bureau of Motor Vehicles, or registered with any other state vehicle registration office, as the registered owner of a vehicle or a lessee of a motor vehicle under a lease of six months or more.

C.

Offense.

1.

The owner of a vehicle shall be liable for a penalty imposed pursuant to this section if such vehicle is operated at a speed in excess of those set forth in Section 73.20.

2.

It is 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) was operating the vehicle at the time of the offense set out in subsection (C)(l) of this section.

3.

Notwithstanding subsection (C)(2) of this section, the owner of the vehicle shall not be responsible for the violation if, within twenty-one days from the date listed on the "notice of liability," as set forth in subsection (D)(2) of this section, he furnishes the Hearing Officer:

a.

An affidavit by the vehicle owner, stating the name and address of the person or entity who leased the vehicle in a lease of six months or more at the time of the violation; or

b.

A law enforcement incident report/general offense report from any state or local law enforcement agency/record bureau stating that the vehicle involved was reported as stolen before the time of the violation.

4.

Nothing in this section shall be construed to limit the liability of an owner of a vehicle for any violation of subsection (C)(l) or (C)(2) of this section.

D.

Civil Penalties.

1.

Unless the operator of the motor vehicle received a citation from a police officer at the time of the violation, the owner of the motor vehicle is subject to a civil penalty if the motor vehicle is recorded by an automated mobile speed enforcement system while being operated in violation of this section.

2.

Any violation of this section shall be deemed a noncriminal violation for which a civil penalty of one hundred fifty dollars shall be assessed to the owner for speed in excess of twenty miles per hour and less than thirty-five miles per hour in a school zone during restricted hours and a civil penalty of two hundred fifty dollars shall be assessed for speeds of thirty-five miles per hour or greater in a school zone during restricted hours. A civil penalty of one hundred fifty dollars shall be assessed for speeds in excess of the posted limits, but less than fifteen miles per hour over the posted limit, on streets and highways not in school zones that include crosswalks used by children going to or leaving school. A civil penalty of two hundred fifty dollars shall be assessed for speeds that exceed the posted speed limit by fifteen miles per hour or greater on streets and highways not in school zones that include crosswalks used by children going to or leaving school.

3.

A violation for which a civil penalty is imposed under this section is not a moving violation for the purpose of assessing points under Ohio Revised Code Section 4507.021 for moving traffic offenses and may not be recorded on the driving record of the owner of the vehicle and shall not be reported to the Bureau of Motor Vehicles.

E.

Collection of Civil Penalty. If the civil penalty is not paid, the civil penalty imposed under the provisions of this section shall be collectible, together with any interest and penalties thereon, by civil suit pursuant to procedures established by the City of Akron for the collection of debts.

F.

Administrative Appeal. A notice of appeal shall be filed within twenty-one days from the date listed on the "notice of liability" with the Hearing Officer appointed by the Mayor of the City of Akron. The failure to give notice of appeal or pay the civil penalty within this time period shall constitute a waiver of the right to contest the citation and will be considered an admission of a violation of this section. Administrative appeals shall be heard through an administrative process established by the City of Akron. A decision in favor of the City of Akron may be enforced by means of a civil action or any other means provided by the Ohio Revised Code.

G.

Funds. All funds generated by civil penalties and collected for violations of the automated mobile speed enforcement system pursuant to this section shall be placed into a fund to be used for additional traffic-control devices, warning signage, public relations, contractual costs, and other expenses related to implementing the provisions of this section. The balance of the funds collected under this section will be used for child safety education programs and projects and programs to assist children as determined by the Mayor and Council. No money collected by the City under this section shall be placed in the general fund.

(Ord. 646-2005 § 3: Ord. 461-2005)