Require elector approval for a municipal traffic camera program

hb843_00_IN

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 843

2025-2026

Representative Craig

To
amend sections 4511.092, 4511.093, 4511.096, 4511.097, 4511.098,
4511.099, and 4511.0911; to enact new section 4511.094; and to repeal
sections 4511.094, 4511.095, 4511.0912, 4511.0913, and 4511.0914 of
the Revised Code
to
require elector approval for a municipal traffic camera program and
to streamline the traffic camera laws.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 4511.092, 4511.093, 4511.096, 4511.097, 4511.098, 4511.099,
and 4511.0911 be amended and new section 4511.094 of the Revised Code
be enacted to read as follows:

Sec.
4511.092.
As
used in sections 4511.092 to
4511.0914

4511.0911

of
the Revised Code:

(A)
"Designated party" means the person whom the registered
owner of a motor vehicle, upon receipt of a ticket based upon images
recorded by a traffic law photo-monitoring device that indicate a
traffic law violation, identifies as the person who was operating the
vehicle of the registered owner at the time of the violation.

(B)
"Law enforcement officer" means a police officer who is
employed on a permanent, full-time basis by the law enforcement
agency of a

local authority that assigns such person to the location of a traffic
law photo-monitoring device

municipal corporation
.

(C)

"Local
authority" means a municipal corporation.

(D)

"Motor
vehicle leasing dealer" has the same meaning as in section
4517.01 of the Revised Code.

(E)

(D)

"Motor
vehicle renting dealer" has the same meaning as in section
4549.65 of the Revised Code.

(F)

(E)

"Recorded
images" means any of the following images recorded by a traffic
law photo-monitoring device that show, on at least one image or on a
portion of the videotape, the rear of a motor vehicle and the letters
and numerals on the rear license plate of the vehicle:

(1)
Two or more photographs, microphotographs, electronic images, or
digital images;

(2)
Videotape.

(G)

(F)

"Registered
owner" means all of the following:

(1)
Any person or entity identified by the bureau of motor vehicles or
any other state motor vehicle registration bureau, department, or
office as the owner of a motor vehicle;

(2)
The lessee of a motor vehicle under a lease of six months or longer;

(3)
The renter of a motor vehicle pursuant to a written rental agreement
with a motor vehicle renting dealer.

(H)

(G)

"System
location" means the approach to an intersection or area of
roadway toward which a traffic law photo-monitoring device is
directed and is in operation.

(I)

(H)

"Ticket"
means any traffic ticket, citation, summons, or other ticket issued
in response to an alleged traffic law violation detected by a traffic
law photo-monitoring device, that represents a civil violation.

(J)

(I)

"Traffic
law photo-monitoring device" means an electronic system
consisting of a photographic, video, or electronic camera and a means
of sensing the presence of a motor vehicle that automatically
produces recorded images.

(K)

(J)

"Traffic
law violation" means either of the following:

(1)
A violation of section 4511.12 of the Revised Code based on the
failure to comply with section 4511.13 of the Revised Code or a
substantially equivalent municipal ordinance that occurs at an
intersection due to failure to obey a highway traffic signal;

(2)
A violation of section 4511.21 or 4511.211 of the Revised Code or a
substantially equivalent municipal ordinance due to failure to
observe the applicable speed limit.

Sec.
4511.093.
(A)

A

local
authority
municipal
corporation
may
utilize a traffic law photo-monitoring device for the purpose of
detecting traffic law violations

only after obtaining the approval of the electors of the municipal
corporation under section 4511.094 of the Revised Code
.
No county, township, or representative of a county or township shall
utilize a traffic law photo-monitoring device to detect and enforce
traffic law violations.

(B)
The use of a traffic law photo-monitoring device is subject to the
following conditions:

(1)
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 and if the local authority complies with
sections 4511.094 and 4511.095 of the Revised Code.

(2)
A law enforcement officer who is present at the location of any
traffic law photo-monitoring device and who personally witnesses a
traffic law violation may issue a ticket for the violation. Such a
ticket shall be issued in accordance with section 2935.26 of the
Revised Code and is not subject to sections 4511.096 to 4511.0910 and
section 4511.912 of the Revised Code.

(3)
If a traffic law photo-monitoring device records a traffic law
violation and the law enforcement officer who was present at the
location of the traffic law photo-monitoring device does not issue a
ticket as provided under division (B)(2) of this section, the local
authority may only issue a ticket in accordance with sections
4511.096 to 4511.0912 of the Revised Code.

Sec.
4511.094.
(A)(1)
The legislative authority of a municipal corporation shall adopt a
resolution by a majority vote to submit a proposal to the electors of
the municipal corporation if either of the following apply:

(a)
After the effective date of this section, the municipal corporation
wishes to begin utilizing a traffic law photo-monitoring device for
the purpose of detecting traffic law violations.

(b)
On or before the effective date of this section, the municipal
corporation utilized a traffic law photo-monitoring device for
purposes of detecting traffic law violations and wishes to modify,
extend, or renew a contract in order to continue to utilize the
device for the purpose of detecting traffic law violations.

(2)
The legislative authority shall certify the resolution to the board
of elections of the county in which the most populous portion of the
municipal corporation is located not later than ninety days before
the day of the general or special election at which the proposal is
to appear on the ballot.

(B)
The form of the ballot shall be as follows:

"Shall
the use of automated traffic cameras be allowed in ___(municipal
corporation)___ to detect traffic law violations?

Yes

For
the use of automated traffic cameras

No

Against
the use of automated traffic cameras

"

(C)
If the proposal is approved by a majority of the electors voting on
it, the municipal corporation may utilize or continue to utilize a
traffic law photo-monitoring device for the purpose of detecting
traffic law violations.

Sec.
4511.096.
(A)
A law enforcement officer employed by a
local
authority
municipal
corporation
utilizing
a traffic law photo-monitoring device shall examine evidence of
alleged traffic law violations recorded by the device to determine
whether such a violation has occurred. If the image recorded by the
traffic law photo-monitoring device shows such a violation, contains
the date and time of the violation, and shows the letter and numerals
on the license plate of the vehicle involved as well as the state
that issued the license plate, the officer may use any lawful means
to identify the registered owner.

(B)
The fact that a person or entity is the registered owner of a motor
vehicle is prima facie evidence that that person or entity is the
person who was operating the vehicle at the time of the traffic law
violation.

(C)
Within thirty days of the traffic law violation, the
local
authority
municipal
corporation
or
its designee may issue and send by regular mail a ticket charging the
registered owner with the violation. The ticket shall comply with
section 4511.097 of the Revised Code. If the
local
authority
municipal
corporation
mails
a ticket charging the registered owner with the violation, the
local
authority
municipal
corporation
shall
file a certified copy of the ticket with the municipal court or
county court with jurisdiction over the civil action.

(D)
A certified copy of the ticket alleging a traffic law violation,
sworn to or affirmed by a law enforcement officer employed by the

local authority

municipal corporation
,
including by electronic means, and the recorded images produced by
the traffic law photo-monitoring device, is prima facie evidence of
the facts contained therein and is admissible in a civil action or
proceeding concerning the ticket issued under this section.

Sec.
4511.097.
(A)
A traffic law violation for which a ticket is issued by a
local
authority
municipal
corporation
based
on evidence recorded by a traffic law photo-monitoring device is a
civil violation. If a
local
authority
municipal
corporation
issues
a ticket for such a violation, the ticket shall comply with the
requirements of this section and the fine for such a ticket shall not
exceed the amount of the fine that may be imposed for a substantially
equivalent criminal traffic law violation.

(B)
A
local
authority
municipal
corporation
or
its designee shall process such a ticket for a civil violation and
shall send the ticket by ordinary mail to any registered owner of the
motor vehicle that is the subject of the traffic law violation. The

local
authority
municipal
corporation
or
designee shall ensure that the ticket contains all of the following:

(1)
The name and address of the registered owner;

(2)
The letters and numerals appearing on the license plate issued to the
motor vehicle;

(3)
The traffic law violation charged;

(4)
The system location;

(5)
The date and time of the violation;

(6)
A copy of the recorded images;

(7)
The name and badge number of the law enforcement officer who was
present at the system location at the time of the violation, if
applicable;

(8)
The amount of the civil penalty imposed, the date by which the civil
penalty is required to be paid, and the address of the municipal
court or county court with jurisdiction over the civil action to
which the payment is to be sent;

(9)
A statement signed by a law enforcement officer employed by the
local
authority
municipal
corporation
indicating
that, based on an inspection of recorded images, the motor vehicle
was involved in a traffic law violation, and a statement indicating
that the recorded images are prima facie evidence of that traffic law
violation both of which may be signed electronically;

(10)
Information advising the person or entity alleged to be liable of the
options prescribed in section 4511.098 of the Revised Code,
specifically to include the time, place, and manner in which the
person or entity may appear in court to contest the violation and
ticket and the procedure for disclaiming liability by submitting an
affidavit to the municipal court or county court as prescribed in
that section;

(11)
A warning that failure to exercise one of the options prescribed in
section 4511.098 of the Revised Code is deemed to be an admission of
liability and waiver of the opportunity to contest the violation.

(C)
A
local
authority
municipal
corporation
or
its designee shall send a ticket not later than thirty days after the
date of the alleged traffic law violation.

(D)
The
local
authority
municipal
corporation
or
its designee may elect to send by ordinary mail a warning notice in
lieu of a ticket under this section.

Sec.
4511.098.
(A)
A person or entity who receives a ticket for a civil violation sent
in compliance with section 4511.097 of the Revised Code shall elect
to do one of the following:

(1)
In accordance with instructions on the ticket, pay the civil penalty,
thereby admitting liability and waiving the opportunity to contest
the violation;

(2)(a)
Within thirty days after receipt of the ticket, provide the municipal
court or county court with jurisdiction over the civil action with
either of the following affidavits:

(i)
An affidavit executed by the registered owner stating that another
person was operating the vehicle of the registered owner at the time
of the violation, identifying that person as a designated party who
may be held liable for the violation, and containing at a minimum the
name and address of the designated party;

(ii)
An affidavit executed by the registered owner stating that at the
time of the violation, the motor vehicle or the license plates issued
to the motor vehicle were stolen and therefore were in the care,
custody, or control of some person or entity to whom the registered
owner did not grant permission to use the motor vehicle. In order to
demonstrate that the motor vehicle or the license plates were stolen
prior to the traffic law violation and therefore were not under the
control or possession of the registered owner at the time of the
violation, the registered owner shall submit proof that a report
about the stolen motor vehicle or license plates was filed with the
appropriate law enforcement agency prior to the violation or within
forty-eight hours after the violation occurred.

(b)
A registered owner is not responsible for a traffic law violation if,
within thirty days after the date of mailing of the ticket, the
registered owner furnishes an affidavit specified in division
(A)(2)(a)(i) or (ii) of this section to the court with jurisdiction
in a form established by the court and the following conditions are
met:

(i)
If the registered owner submits an affidavit as specified in division
(A)(2)(a)(i) of this section, the designated party either accepts
liability for the violation by paying the civil penalty or by failing
to request a court hearing within thirty days or is determined liable
in a court hearing;

(ii)
If the registered owner submits an affidavit as specified in division
(A)(2)(a)(ii) of this section, the affidavit is supported by a stolen
vehicle or stolen license plate report as required in that division.

(3)
If the registered owner is a motor vehicle leasing dealer or a motor
vehicle renting dealer, notify the court with jurisdiction of the
name and address of the lessee or renter of the motor vehicle at the
time of the traffic law violation. The court shall establish the form
of the notice. A motor vehicle leasing dealer or motor vehicle
renting dealer who receives a ticket for an alleged traffic law
violation detected by a traffic law photo-monitoring device is not
liable for a ticket issued for a motor vehicle that was in the care,
custody, or control of a lessee or renter at the time of the alleged
violation. The dealer shall not pay such a ticket and subsequently
attempt to collect a fee or assess the lessee or renter a charge for
any payment of such a ticket made on behalf of the lessee or renter.

(4)
If the vehicle involved in the traffic law violation is a commercial
motor vehicle and the ticket is issued to a corporate entity, provide
to the court with jurisdiction an affidavit in a form established by
the court, sworn to or affirmed by an agent of the corporate entity,
that provides the name and address of the employee who was operating
the motor vehicle at the time of the alleged violation and who is the
designated party.

(5)
Contest the ticket by filing a written request for a court hearing to
review the ticket in a form established by the court. The person or
entity shall file the written request not later than thirty days
after receipt of the ticket. The failure to request a hearing within
this time period constitutes a waiver of the right to contest the
violation and ticket, and is deemed to constitute an admission of
liability and waiver of the opportunity to contest the violation.

(B)
A court with jurisdiction that receives an affidavit described in
division (A)(2)(a)(i) or (A)(4) of this section or a notification
under division (A)(3) of this section from a registered owner may
proceed to notify the
local
authority
municipal
corporation
to
send a ticket that conforms with division (B) of section 4511.097 of
the Revised Code to the designated party. The
local
authority
municipal
corporation
shall
send the ticket to the designated party by ordinary mail not later
than twenty-one days after receipt of the notification.

Sec.
4511.099.
(A)
Subject to division (B) of this section and notwithstanding any other
provision in the Revised Code to the contrary, when a certified copy
of a ticket issued by a
local
authority
municipal
corporation
based
on evidence recorded by a traffic law photo-monitoring device is
filed with the municipal court or county court with jurisdiction over
the civil action, the court shall require the
local
authority
municipal
corporation
to
provide an advance deposit for the filing of the civil action. The
advance deposit shall consist of all applicable court costs and fees
for the civil action. The court shall retain the advance deposit
regardless of which party prevails in the civil action and shall not
charge to the registered owner or designated party any court costs
and fees for the civil action.

(B)
Division (A) of this section does not apply to any civil action
related to a ticket issued by a
local
authority
municipal
corporation
based
on evidence recorded by a traffic law photo-monitoring device when
the traffic law photo-monitoring device was located in a school zone.
The court shall charge the applicable court costs and fees for such a
civil action to the party that does not prevail in the action.

As
used in this division, "school zone" has the same meaning
as in section 4511.21 of the Revised Code.

Sec.
4511.0911.
(A)
Upon request, each manufacturer of a traffic law photo-monitoring
device shall provide to a
local
authority
municipal
corporation
utilizing
its devices the maintenance record of any such device used in that

local
authority
municipal
corporation
.

(B)(1)
(B)

Commencing January 2015, not later than the last day of January of
each year, the manufacturer of a traffic law photo-monitoring device
shall provide to the applicable
local
authority
municipal
corporation
a
certificate of proper operation that attests to the accuracy of the
device in recording a traffic law violation.

(2)
In addition to the requirement prescribed in division (B)(1) of this
section, for every such device that is considered mobile, meaning it
is attached to a trailer, vehicle, or other wheeled apparatus so that
it is easily moved to different system locations, both of the
following apply:

(a)
Each local authority shall test the accuracy of each such device with
an independent, certified speed measuring device or some other
commonly accepted method prior to its use at each system location.

(b)
Each local authority shall clearly and conspicuously mark on the
outside of the trailer, vehicle, or wheeled apparatus that contains
the traffic law photo-monitoring device that the device is contained
therein and that the trailer, vehicle, or wheeled apparatus is the
property of the local authority.

(C)
In the case of a traffic law photo-monitoring device that is used at
an intersection to detect violations of section 4511.12 of the
Revised Code based on the failure to comply with section 4511.13 of
the Revised Code or a substantially equivalent municipal ordinance,
the local authority shall not issue a ticket for a violation based
upon evidence recorded by a traffic law photo-monitoring device when
a vehicle makes a legal right or left turn-on-red-signal if all of
the following apply:

(1)
The vehicle can make the turn safely.

(2)
The vehicle comes to a complete stop at any point prior to completing
the turn.

(3)
No pedestrians are in the crosswalk, or are about to enter the
crosswalk, of any approach to the intersection the vehicle occupies
while commencing or making the turn.

Section
2.
That
existing sections 4511.092, 4511.093, 4511.096, 4511.097, 4511.098,
4511.099, and 4511.0911 of the Revised Code are hereby repealed.

Section
3.
That
sections 4511.094, 4511.095, 4511.0912, 4511.0913, and 4511.0914 of
the Revised Code are hereby repealed.