ordinance: 34-09; 35-09; 36-09; 37-09

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  • 8/14/2019 Ordinance: 34-09; 35-09; 36-09; 37-09

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    CTTY OF SOUTH EUCLID, OHIOORDINANCE NO.: 34-09INTRODUCED BY : RorneoREQUESTED BY : Mayor

    July 27,2AO9

    AN ORDTNANCECREATING NEW SECTION 3I3.T3 . .USE OF AUTOMATED SAFETY CAVIERAS TOIMPOSE CIVIL PENALTIES UPON RED LTCHT VIOLATORS AND SPEEDINCVTOLATORS' ' OF CHAPTER 313 . 'TRAFFIC CONTROL DEVTCES' ' OF PARTTHREE "TRAFFIC CODE' ' OF THE CODIFTED ORDTNANCES OF THE CITY OFSOUTH EUCLTD, OHTO; AND DECLARING AN EMERGENCY.

    WHEREAS, th e Council of the City of South Euclid acknowledges on e of th e primary functions of thePolice Department is to preserve the peace, protect persons and property and assure the overall safety ofth e city's residents; an dWHEREAS, there exists a need among City residents and others to enforce the Traffic Code in anefficient manner, consistent with the purposes contained in South Euclid Codified Ordinance Section3 l 3 : andNOW, THEREFORE, BE IT ORDAINED by the Counci l of the Ci ty of South Eucl id, Ohio:Section l: That New Section 3l3.l3 "Use of,Automate

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    The Chief of Police shall cause the general public to be notified by means of a press release issued atleast thirty days betbre any given camera is made fully-operational and is used to issue tickets tooffenders. Befbre a given carnera issues actual tickets, there shall be a period of at least two weeks,which may run concurrently with the 3o-day public-notice period, during which only "warning',notices shall be issued.At each site of a red light or fised speed c:rmera. the Chief of Police shall cause signs to be posted toapprise ordinarily observant motorists that they are approaching an area where an automated camera ismonitoring Fo r red tight or speed violators.(g) Notices o,f tiabililv. Any ticket tbr an automated red light or speeding system violation under thissect ion shal l :

    ( I ) Be reviewed by a South Euclid police officer:(2 ) Be forwarded by tjrst-class mail or personal service to the vehicle's registered owner'saddress as given on the state's motor vehicle registration, an d(3 ) clearly state the manner in which the violation ma y be appealed.

    (h) Penalties. Any violation of division (b ) or division (c ) of this section shall be deetned a noncriminalviolation for rvhich a civil penalty shall be assessed ancl for rvhich no points authorized by Section4507.O?l oFthe Revised Code ("Point system fo r license suspension") shall be assigned to the owner ordriver of the vehicle.(i ) Ticket evaluation, public service, ancl appea[s. The program shall include a t-air and sound ticket-evaluation process that includes review by the vendor and a police otficer, a srrong cusromer-servicecommitment, an d an appeals process that accords du e process to the ticket respondent and thatconforms to the requirements of the Ohio Revised Code.Q) Appeals. A notice oFappeal shall be fi led with th e Hearing Oft-rcer within twenty-one (2 l) daysfiom the date l isted on the ticket. Th e t-ailure o give notice of appeal or pa y th e civil penalty within thistime period shall constitute a wai?er of the right to contest the ticket an d shall be considered anadmission.Appeals shall be heard by the Hearing Otficer through an administrative process established by the Cityof South Euclid. At hearings, the strict rules of evidence applicable to courts of law shall not apply. Thecontents of the ticket shall constitute a prima facie evidence of the facts it contains. Liabil ity may befound by the Hearing OtTrcer based upon a preponderance of the evidence. If a f inding of l iabil ity isappealed, th e record of the case shall include th e order of the Hearing Officer, the Ticket, otherevidence submitted by the respondent or the City of South Euclid, an d a transcript or record of thehearing, in a written or electronic form acceptable to the court to which the ca se is appealed.Liability shall not be found where the evidence shows that the automated camera captured event is notan offense, including each of the following events an d such others as may be established by rules andregulations issued by the Chief of Police under th e authority of division (m ) of this section:

    I ) The motorist stops in time to avoid violating a red light indication;2) The motorist proceeds through a red light indication as part of funeral procession;3) The motorist is operating a City-owned emergetrcy vehicle with its ernergency lightsactivated and proceeds through a red tight indication or exceeds the posted speed limitation;4) The motorist is directed by a police officer on the scene contrary to the traffic signalindication.Liability shall also be excused if a vehicle is observed committing an offense where the vehicle wasstolen prior to the oft-ense and the owner has filed a police report;The Chief of Police, in coordination with the Hearing Officer, shall establish a process by which avehicle owner who was not the driver at the time of the alleged offense may, by affidavit, narne theperson who the owner believes was driving the vehicle at the time- Upon receipt of such an affidavittimely submitted to the Hearing Officer, the Hearing Officer shall suspend further action against theowner of the vehicle and instead direct notices and collection efforts to the person identified in theafFrdavit. If theperson named in the affidavit, when notif ied, denies being the driverordenies liabil ity,then the Hearing Officer shall resume the notice and collection process against the vehicle owner, thesame as if no affidavit had been submitted, and if the violation is found to have been committed bv apreponderance of evidence, the owner shall be liable for any penalties imposed for the offtnse.

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    A decision in favor of the City of South Euclid ma y be enforced by means of a civil action or anyother means provided by the Revised Code.(k) Evidence al-e**e*sltip operation. tt is prima facie evidence that the person registerecl as the ownerof the vehicle with'the Ohio Bureau of Motor Vehicles, or with u.ty oih"r StarJ vehicle registrationotlice, or in th e case of a leased or rented vehicle "the lessee" as defined in division (o), wa soperating th e vehicle at the time of the offenses set out in divisions (b ) an d (c) of this section.l) Pro9ram oversight. The Chief of Police shall oversee the program aurhorized by this Section. TheChief of Police shall oversee th e installation an d maintenance of all automated cameras. Anencroachrnent permit shall be authorized in the legislation in which locations ar e selected.(rn) Rules and Regulations. The Chief of Police may issue rules and regulations to carry out theprovisions of these sections.(n) Establishment of Penalty. Th e penalty imposed for a violation of division (b ) or (c ) of this sectionshall be tbllows:3 I 3. l3(b) - Re d Light Offense - Al l Violations - S I O03 I 3. l3(c) - Speeding Offense

    Ol - t0 rnph over the speed l imi t - Sl25I I - I 9 mph over the speed limit - $l5O2O mph or more over th e speed limit - S20OAng violation of a school zone speed limit .shall be as follow"-:

    O - 10 mph over the speed l imi t - $ l50I I - I 9 mp h over the speed limit - $1752O mph or rnore over th e speed limit - $225Late penaltiesFor both offenses, if the penalty is not paid within +L 20 days from the date of mailing of the ticket tothe offender, an additional $20.OO shall be imposed, and if not paid within aO days from that date,another S4O.OO hall be imposed, fo r a total additional penalty in such a case of $6O.0O.(o l DeJinit ions. As used in this section:

    (l ) "Automated traffic enforcement camera system" means an electronic system consisting of aphotographic, video, or electronic camera and a vehicle sensor installed to work alone -or inconjunction with an official traffic controller and to automatically produce photographs, video,or digital images of each vehicle violating divisions (b ) or (c).(2 ) tt l-esseet' includes renter and means:A. the person identif ied as a vehicle lessee or renter by a motor vehicle leasing dealer ormotor vehicle renting dealer pursuant to RC 45t1.092 an d further identif ied by thedealer as th e person having care, custody or control of the vehicle at the time of aviolation of divisions (b) or (c); orB. th e Person tdentif ied as the lessee or as an additional owher of the vehicle in th e

    records of the Ohio Bureau of IVIotor Vehicles or the records of anv other State motorvehicle bureau.(3) "System location" is means the approach to an intersection or a street toward which aphotographic, video or electronic camera is directed and is in operation. It is thelocation where the automated camera systern is installed to monitor offenses under thissection.(4) "Vehicle owner" or 5'owner" rneans the person or entity identified by the Ohio Bureau ofMotor Vehicles, or registered with any other State vehicle registration office, as theregistered owner of a vehicle, or in the ease of a leased or rented vehicle, ttre ..lessee."

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    Section 2: That is hereby found and determined that all formal actions of this Council concerning andrelating to the passage of this Ordinance were adopted in an open meeting pf this Council, and that alldeliberations of this Council and any of its committees on or after Novernber zs, lg?5, that resulted insuch formal action *Re in meetings open to the public in compliance with all legal requirernenrs,including Section.l2l .22 af theOhio-Revised Code. -Section 3: That this Ordinance is deemed to be an emergency measure necessary for the immediatepreserva_tion of 9-h9public p:lce, health, and safety within the City and thersfore should be adopted atthe-earliest possible time. lVherefore this Ordinance shall take effect and be in force from and after theearliest period allowed by law and upon signafure of the Mayor.

    Passed this day of 2009

    Attest:

    Keith A. Benjamin, Clerk of CouncilApproved as to form:

    Michael P. Lograsso, Director of Lawa

    Modestino Romeo, Council PresidentApproved:

    Georyine Welo, Mayor

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    CITY OF SOUTH EUCLTD. OHIOORDINANCE NO.: 35-OqINTRODUCED BY: RomeoREQUESTED BY : Ivlayor

    July 27,2049

    AN ORDINANCECREATINC NE\v SECTION 313.14 "COSTS OF COLLECTION OF UNPATDTTCKETS FOR PHOTO-ENFORCED SAFETY OFFENSES' ' OF CHAPTER 3I3..TRAFFIC CONTROL DEVICES'' OF PART THREE "TRAFFIC CODE'' OF THECODIFIED ORDTNANCES OF THE CITY OF SOUTH EUCLID. OHIO: ANDDECLARINC AN EMERCENCY.

    WHEREAS, th e Council of the City of South Euclid acknowledges one of th e primary functions of thePolice Department is to preserve the peace, protect persons and property and assure the overall safety ofthe city's residents; andWHEREAS, there exists a need among City residents and others to enforce the Traffic Code in anefficient manner, consistent with the purposes contained in South Euclid Codified Ordinance Section3 1 3 .NOW, THEREFORE, BE IT ORDAINED by the Counci l of the Ci ty of South Eucl id, Ohio:Section l: That New Section 3l3.l4 "Costs of Collection of Unpaid Tickets for Photo-EnforcedSafety Offenses" of Chapter 313 "Traffic Control Devices" of Part Three "Traffic Code" of theCodified Ordinances of th e City of South Euclid, Ohio be hereby created to read as follows:Section 313.14 "Costs of Collection of Unpaid Tickets for Photo-Enforced Safety Offenses-ln addition to any other fees or charges authorized by these codified ordinances in relation to thecommission of a violation of division (b) or division (c) of Section 313.13, a person liable for thepenalties established by division (r0 of Section 313.13 may be assessed a fee under this section in anamount equal to the costs paid by the City to any vendor for the costs of collection of the debt.Section 2: That is hereby found and determined that all formal actions of this Council conceming andrelating to the passage of this Ordinance were adopted in an open meeting of this Council, and that al ldeliberations of this Council and any of it s committees on or after November 25 , 1975, that resulted insuch formal action were in rneetings open to the public in compliance with al l legal requirements,including Section lZL.22 of the Ohio Revised Code.Section 3: That this Ordinance is deemed to be an emergency measure necessary for the immediatepreservation of the public peace, health, and safety within the City and therefore should be adopted atthe earliest possible time. Wherefore this Ordinance shall take effbct and be in force from and after theearliest period allowed by law and upon signature of the Mayor.

    Passed this day of 2009

    Attest:

    Keith A. Benjamin, Clerk of CouncilApproved as to form:

    Modestino Romeo, Council PresidentApproved:

    Georgine Welo, Mayor

    Michael P. Lograsso, Direetor of Law

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    CITY OF SOUTH EUCLID, OHIOORDINANCE NO.: 36-09 Jutv 27. ZOA9INTRODUCED BY : RomeoREQUESTED BY : Mavor

    AN ORDINANCECREATING NE\^/ SECTION 3I3. I5 . .USE OF CTVIL PENALTY FLTNIDS" OFCHAPTER 3I3 " 'TRAFFIC CONTROL DEVICES' ' OF PART THREE "TRAFFICCODE' ' OF THE CODIFIED ORDI NANCES OF THE CITY OF SOUTH EUCLI D .OHTO; AND DECLARI NG AN EM ERCENCY.

    WHEREAS, the Council of the City of South Euclid acknowledges one of the primary functions of thePolice Department is to preserve the peace, protect persons and property and assure the overalt saf-ety ofthe city's residents; an dWHEREAS, there exists a need among City residents an d others to entbrce the Traftic Code in anefficient manner, consistent with th e purposes contained in South Euclid Codit ' ied Ordinance Section3 1 3 .NOW, THEREFORE, BE IT ORDAINED by the Counci l of the Ci ty of South Eucl id, Ohio:Sect ion l : That New Sect ion 313.15 " [Jse of Civ i l Penal ty Funds" of Chapter 3 l3 "Traf f ic Conrro lDevices" of Part Three "Traffic Code" of the Codified Ordinances of the Citv of South Euclid. Ohiobe hereby created to read as follows:Section 3f 3.f 5 "fJse of Civil Penalty Funds"

    iftg

    @The Finance Director shal l establ ish a fund, to be ent i t led the Pol ice Vehic le and Equipment Fund,into which the first two hundred thousand cloltars ($2OO,OOO)n penalties assessed under thisarticle and collected annually wil l be deposited.Section 2: That is hereby found and determined that all formal actions of this Council concerning andrelating to th e passage of this Ordinance were adopted in an open meeting of this Council, and that alldeliberations of this Council and any of its committees on or after November 25, 1975, that resulted insuch formal action were in meetings open to the public in compliance with all legal requirements,including Section 121.22 of the Ohio Revised Code-Section 3: That this Ordinance is deemed to be an emergency measure necessary for the immediatepreservation of the public peace, health, and safety within the City and therefore should be adopted atthe earliest possible time. Wherefore this Ordinance shall take effect and be in force from and after theearliest period allowed by law and upon signature of the Mayor.

    Passed this day of 2009Modestino Romeo, Council President

    Approved:ttest:

    Keith A. Benjamin, Clerk of CouncilApproved as to form:

    Ceorgine Welo, Mayor

    Michael P. Lograsso, Director of LawPage 1 of I

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    CITY OF SOUTH EUCLID. OHIOORDINANCE NO.: 37-OgTNTRODUCED BY: RomeoREQUESTED BY: Mavor

    July 27, 2OO9

    AN ORDTNANCEAMENDTNG SECTION 541.O4 "CRIMINAL MISCHTEF' ' OF CHAPTER 541. .PROPERTY OFFENSES' ' OF PART FIVE "GENERAL OFFENSES CODE' ' OF THECODTFIED ORDINANCES OF THE CTTY OF SOUTH EUCLID, OHIO: ANDDECLARTNG AN EMERGENCY.

    WHEREAS, th e Council of the City of South Euclid acknowledges on e of the primary functions of thePolice Department is to preserve the peace, protect persons and property and assure the overall safety ofth e city's residents; andWHEREAS, there exists a need among City residents and others to enforce the General Oft'enses Codein an efficient manner, consistent with the purposes contained in South Euclid Codified OrdinanceSection 54 l: an dNO\M, THEREFORE, BE IT ORDAINED by the Council of the City of South Euclid, Ohio:Section I : That Section 54 I .O4 "Criminal MischieP' of Chapter 54 I "Property Offenses" of part Five"General Oft 'enses Code" of the Codified Ordinances of the City of South Euclid, Ohio is herebyarnended to read as follows:Section 54 l.O4 "Criminal lVlischief'

    (a ) No person shall:( I ) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwiseimproperly tamper with the properly of another;(2) With purpose to interfere with the use or enjoyment of property of another, employ a teargas device, stink bomb, smoke generator, or other device releasing a substance that is harmful oroffensive to persons exposed, or that tends to cause public alarm;(3 ) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwiseimproperly tatnper with a bench mark, triangulation station, boundary marker, or other survey station,

    monument, or marker;(4) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwiseimproperly tamper with any safety device, the property of another, or the property of the offenderwhen required or placed for the safety of others, so as to destroy or diminish its effectiveness oravailability for its intended purpose;(5) With purpose to interfere with the use or enjo;rment of the property of another, set a fire onthe land of another or place personal property that has been set on fire on the land of another, whichfire or personal property is outside and apart from any building, other strucrure, or personal propertythat is on that land:(6) Without privilege to do so, and with intent to impair the functioning of any computer,computer system, computer network, computer software, or computer program, knowingly do any of

    the following;A. In any manner or by rny means, including but not limited to, computer hacking,alter, damage, destroy, or modify a computer, cornputer systern, computer network, computersoftware, or computer prograrrr or data contained in a computer, computer systern, computernetwork, computer sofLware, or computer program;B. Introduce a computer eontaminant into a computer, complrter systsm, computernetwork, computer software, or computer program.

    (7} Without privilege to do so, knowingly rnove, deface, darnage, destroy, or otherwiseirnproperly tamper with any autornated safefy traffic enforcernent device.Page 1 of 2

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    (b) As used in this section, "safety device" means any fire extinguisher, fire hose, or fire axe, or anyfire escape, emergency exit, or emergency escape equipment, or an y life line, l ife-saving ring, l ifepreserver, or life boat or raft, or any alarm, light, flare, signal, sign. or notice intended to warn of dangeror emergency, or intended for other safety purposes, or any guard railing or saf'ety barricade, or anytraffic sign or signal, or any railroad grade crossing sign, signal, or gate, or any f-rrst aid or survivalequipment, or any other device, appararus, or equipment intended for protecting or preserving the safetyofpersons or property.(c ) Whoever violates this section is guilty of criminal mischief, and shall be punished asprovided in division (c ) ( 1) or (c) (2) of this section.

    ( l) Except as otherwise provided in this division, criminal mischief committed in violation ofdivision (aXl), (a)(2), (aX3), (aX4), er (a)(5), or (a)(7) of this section is a misdemeanor of the thirddegree. Except as othenvise provided in this division, if the violation of division (aXl ), (a)(2), (aX3),(a)(4), er (a)(5)' or (a)(7) of this section creates a risk of physical harm to any person, criminal mischiefcommitted in violation of division (a)(l), (a)(2), (aX3), (a)(4), er (a)(5), or (aX7) of this section is amisdemeanor of the first degree. If th e property involved in th e violation of division (aXl), (a)(Z'1,(aX3), (aX4), or (a)(5) of this section is an aircraft, an aircraft engine, propeller, appliance, spare parr,fuel, lubricant, hydraulic fluid, an y other equipment, implement, or material used or intended r; be usedin the operation of an aircraft. or any cargo carried or intended to be carriecl in an aircraft and if theviolation creates any risk of physical harm to any person, or if the aircraft in question is an occupiedai rcraf t , cr iminal mischief commit ted in vio lat ion of d iv is ion (aXl) , (aX2), (aX3), (aXa), or (a)(5) ofthis section is a felony to be prosecuted under appropriate State law.(2> Except as otherwise provided in this division, criminal mischief committed in violation ofdivision (aX6) of this section is a misdemeanor of the first degree. If the value of the computer,computer system, computer network, computer software, computer program, or data involved in theviolation of division (aX6) of this cection or the loss to the victim resulting from the violation is onethousand dollars (S I,O0O.0O)or rnore, or if the computer, compurer sysrem, computer network, computersoftware, computer program, or data involved in the violation of division (aX6) is used or intended to beused in the operation of an aircraft and the violation creates any risk of physical harm to any person, orif the aircraft in question is an occupied aircraft, criminal mischief committed in violation of division(aX6) of this section is a felony to be prosecuted under appropriate State law. (ORC Z9O9.O7).

    Section 2: That is hereby found an d determined that all formal actions of this Council concerning an drelating to the passage of this Ordinance were adopted in an open meeting of this Council, and that al ldeliberations of this Council and any of its committees on or after November 25, 1975, that resulted insuch formal action were in meetings open to the pr-rblic in compliance with all legal requirements,including Section l2l .22 of the Ohio Revised Code.Section 3: That this Ordinance is deemed to be an emergency measure necessary for the immediatepreservation of the public peace, health, and safety within the City and therefore should be adopted atthe earliest possible time. Wherefore this Ordinance shall take effect and be in force from and after theearliest period allowed by law and upon signature of the Mayor.

    Passed this da y of 2049

    Attest:

    Keith A. Benjamin, Clerk of CouncilApproved as to form:

    Modestino Romeo, Council PresidentApproved:

    Ceorgine Welo, Mayor

    Michael P. Lograsso, Director of Law

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