As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 143

Representative Combs 

Cosponsors: Representatives Batchelder, Mandel, Huffman, Adams, J., Evans, Uecker, Grossman, Stebelton, Amstutz, Jordan, Hall, Maag, Martin, Mecklenborg, Wachtmann, Bubp 

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A BILL

To amend section 4511.094 and to enact section

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4511.095 of the Revised Code to prohibit the use

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by the State Highway Patrol, counties, and

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townships of traffic law photo-monitoring devices.

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

Section 1.  That section 4511.094 be amended and section	5
4511.095 of the Revised Code be enacted to read as follows:	6

Sec. 4511.094. (A) As used in this section:

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(1) "Local authority" means a municipal corporation, county,	8
or township.	9

(2) "Traffic, "traffic law photo-monitoring device" means an	10
electronic system consisting of a photographic, video, or	11
electronic camera and a means of sensing the presence of a motor	12
vehicle that automatically produces photographs, videotape, or	13
digital images of the vehicle or its license plate.	14

(B)(1) No local authoritymunicipal corporation shall use	15
traffic law photo-monitoring devices to enforce any traffic law	16
until after it has erected signs on every highway that is not a	17
freeway that is part of the state highway system and that	18
enters that local authoritymunicipal corporation. The signs	19
shall inform inbound traffic that the local authoritymunicipal	20
corporation utilizes traffic law photo-monitoring devices to	21
enforce traffic laws. The signs shall be erected within the	22
first three hundred feet of the boundary of the local authority	23
municipal corporation or, if the signs cannot be located within	24
the first three hundred feet of the boundary of the local	25
authoritymunicipal corporation, as close to that distance as	26
possible, provided that if a particular highway enters and exits	27
the territory of a local authoritymunicipal corporation multiple	28
times, the local authoritymunicipal corporation shall erect the	29
signs as required by this division at the locations in each	30
direction of travel where inbound traffic on the highway first	31
enters the territory of the local authoritymunicipal corporation	32
and is not required to erect additional signs along such highway	33
each time the highway reenters the territory of the local	34
authoritymunicipal corporation. The local authoritymunicipal	35
corporation is responsible for all costs associated with the	36
erection, maintenance, and replacement, if necessary, of the	37
signs. All signs erected under this division shall conform in	38
size, color, location, and content to standards contained in	39
the manual adopted by the department of transportation pursuant	40
to section 4511.09 of the Revised Code and shall remain in	41
place for as long as the local authoritymunicipal corporation	42
utilizes traffic law photo-monitoring devices to enforce any	43
traffic law. Any ticket, citation, or summons issued by or on	44
behalf of the local authoritymunicipal corporation for any	45
traffic law violation based upon evidence gathered by a traffic	46
law photo-monitoring device after the effective date of this	47
sectionMarch 12, 2009, but before the signs have been erected	48
is invalid; provided that no ticket, citation, or summons is	49
invalid if the local authoritymunicipal corporation is in	50
substantial compliance with the requirement of this division to	51
erect the signs.	52

(2) A local authoritymunicipal corporation is deemed to be	53
in substantial compliance with the requirement of division (B)(1)	54
of this section to erect the advisory signs if the authority	55
municipal corporation does both of the following:	56

(a) First erects all signs as required by division (B)(1) of	57
this section and subsequently maintains and replaces the signs as	58
needed so that at all times at least ninety per cent of the	59
required signs are in place and functional;	60

(b) Annually documents and upon request certifies its	61
compliance with division (B)(2)(a) of this section.	62

(C) A local authoritymunicipal corporation that uses traffic	63
law photo-monitoring devices to enforce any traffic law at an	64
intersection where traffic is controlled by traffic control	65
signals that exhibit different colored lights or colored lighted	66
arrows shall time the operation of the yellow lights and yellow	67
arrows of those traffic control signals so that the steady yellow	68
indication exceeds by one second the minimum duration for yellow	69
indicators at similar intersections as established by the	70
provisions of the manual adopted by the department of	71
transportation under section 4511.09 of the Revised Code.	72

Sec. 4511.095. (A) As used in this section:

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(1) "Law enforcement agency" means the state highway patrol	74
and any law enforcement agency of a local authority.	75

(2) "Law enforcement officer" means a state highway patrol	76
trooper and any law enforcement officer employed by a law	77
enforcement agency of a local authority.	78

(3) "Local authority" means a county or township.

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(4) "Traffic law photo-monitoring device" means an electronic	80
system consisting of a photographic, video, or electronic camera	81
and a means of sensing the presence of a motor vehicle that	82
automatically produces photographs, videotape, or digital images	83
of the vehicle or its license plate.	84

(B)(1) Except as provided in division (B)(2) of this section,	85
no law enforcement agency shall use a traffic law photo-monitoring	86
device to determine compliance with, or to detect a violation of,	87
any provision of the Revised Code that governs or regulates the	88
operation of motor vehicles.	89

(2) Division (B)(1) of this section does not apply to the use	90
of a traffic law photo-monitoring device when a law enforcement	91
officer is present at the location of the traffic law	92
photo-monitoring device and issues tickets, citations, or	93
summonses at the general time and general location of the traffic	94
law violations.	95