Sec. 4511.095. (A) Section 34 of Article II, Ohio | 10 |
Constitution, provides that laws may be passed providing for the | 11 |
comfort, health, safety and general welfare of all employees. The | 12 |
general assembly finds these ends will be served by enacting | 13 |
legislation that prohibits the use of traffic law photo-monitoring | 14 |
devices. Therefore, in furtherance of the ends provided in Section | 15 |
34 of Article II, Ohio Constitution, the general assembly hereby | 16 |
enacts this section of the Revised Code. | 17 |
(C) (1) Except as provided in division (C)(2) of this | 26 |
section, no local authority or the state highway patrol, utilizing | 27 |
either its own employees, those of another public entity, or those | 28 |
of a private entity, shall use a traffic law photo-monitoring | 29 |
device to determine compliance with, or to detect a violation of, | 30 |
section 4511.13 or 4511.21 of the Revised Code or a substantially | 31 |
equivalent municipal ordinance or county or township resolution. | 32 |
(2) A local authority may use a traffic law photo-monitoring | 33 |
device to determine compliance with, or to detect a violation of, | 34 |
section 4511.21 of the Revised Code or a substantially equivalent | 35 |
municipal ordinance or county or township resolution within a | 36 |
school zone during school recess and while children are going to | 37 |
or leaving school during opening or closing hours only if a law | 38 |
enforcement officer employed by the local authority is present at | 39 |
the location of the traffic law photo-monitoring device. | 40 |