Notice of liability.

Columbus City Codes § 2115.03

in effect

2115.03 - Notice of liability. (A) Prior to the activation of a photo traffic enforcement system at an intersection, the director of public safety 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. (B) For thirty (30) days after the activation of a traffic signal photo red light traffic enforcement system at an intersection, 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 employed by the Columbus division of police shall examine the image recorded by the photo traffic enforcement system to determine whether a violation as defined in Section 2115.01(C) 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 and the state in which the license was issued, the officer may use any lawful means to identify the vehicle's owner. (D) The fact that a person is the owner of a vehicle shall be prima facie evidence that said person was operating the vehicle at the time of a violation recorded by a photo traffic enforcement system. (E) Within thirty (30) days of the violation and upon identification of the owner of the vehicle, the director of public safety or designee may issue a notice of liability, charging the owner with a violation. The notice of liability shall be sent by regular 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 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. (F) A person who receives a notice of liability pursuant to this section shall be required to respond in one of the following methods: (1) By paying the administrative fine as directed on the notice of liability within thirty (30) days of the date the notice was issued; or (2) By submitting evidence of one of the exceptions to liability listed in division (G) of this section within thirty (30) days of the notice's issue date; or (3) By submitting to the address listed on the notice of liability a request for a hearing within thirty (30) days of the notice's issue date. (G) The owner of the vehicle shall not be liable for a penalty under this section if the director of public safety or designee determines that sufficient evidence of one of the following conditions exist: (1) At the time of the violation, the vehicle was in the custody of someone other than its owner pursuant to a written lease or rental agreement and the owner submits, to the address listed on the ticket, a copy of the lease or rental agreement along with the name and address of the lessee or renter. (2) At the time of the violation, the vehicle or the license plate depicted in the image which served as the basis for the notice of liability was stolen and the owner submits, to the address listed on the ticket, a copy of the police report stating the vehicle or license plate had been reported stolen at the time. (3) At the time of the violation, the vehicle was in the custody and control of someone other than its owner, and the owner submits an affidavit identifying under penalty of perjury the name and current address of said person. (H) Except as set forth herein, nothing in this chapter shall be construed to limit the liability of an operator of a motor vehicle for any violation of the Ohio Revised Code or the Columbus Traffic Code. (Ord. 958-05 § 1 (part); Ord. No. 1785-2010, § 1, 12-13-2010; Ord. No. 2019-2021, § 1, 7-26-2021)

Source: City of Columbus, City Codes and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/oh/columbus/codes/code_of_ordinances?nodeId=TIT21TRCO_CH2115PHTRENSY_2115.03NOLIFetched: 10/27/2026