This is a draft copy of the basic Charter Amendment for Banning Red Light/Speed Camera use from Garfield Heights, Ohio
NOTICE
Whoever knowingly signs this petition more than once, signs a name other than his own, or signs when not a legal voter, is liable to prosecution.
PETITION
For submission of Proposed Amendment to the Charter of the City of Garfield Heights.
We, the undersigned, Electors of the City of Garfield Heights, petition your honorable body to forthwith provide by ordinance, for submission to the electors of the City of Garfield Heights, the following proposed Amendment to the Charter of the City.
A M E N D M E N T
TITLE:
AN AMENDMENT TO THE CHARTER OF THE CITY OF GARFIELD HEIGHTS TO LIMIT USE OF PHOTO-MONITORING DEVICES TO DETECT CERTAIN TRAFFIC LAW VIOLATIONS.
TEXT:
Be it resolved by the people of the City of Garfield Heights that a new Section 59 of the Charter is hereby added as follows:
Section 1. The City, including its various Boards, agencies and departments, shall not use any traffic law photo-monitoring device for the enforcement of a qualified traffic law violation, unless a law enforcement officer is present at the location of the device and personally issues the ticket to the alleged violator at the time and location of the violation.
Section 2. Definitions. As used in this Section 59:
a) "Law enforcement officer" means any law enforcement officer employed by the City or any other political jurisdiction in Ohio, including the State. The City may from time to time and in its discretion, by ordinance or resolution, designate which City employees are, "law enforcement officers" for purposes of this Section 59.
b) "Qualified law traffic violation" means a violation of any of the following:
(1) any state or local law relating to complying with a traffic control signal or a railroad crossingsign or signal; or
(2) any state or local law limiting the speed of a motor vehicle.
c) "Ticket" means any traffic ticket, citation, summons, or other notice of liability (whether civil or criminal) issued in response to an alleged qualified traffic law violation detected by a traffic law photo-monitoring device.
d) "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 photographs, videotape, or digital images of the vehicle, its license plate or its operator.
Section 3. Any ordinance enacted prior to the passage of this Amendment that contravenes any of the foregoing is void. After the enactment of this Amendment, the City shall not enact or enforce any ordinance that contravenes any of the foregoing. In the event that any provision of this Section 59 is found to be unconstitutional or impermissibly in conflict with state or federal law, only such provision found to be unconstitutional or impermissible will be stricken, and the remainder of this Section 59 will remain in full force and effect.
The following persons are designated as a Committee to represent the petitioners in all matters relating to the petition or its circulation.