SB 340

As Introduced
136th General Assembly
   Regular Session  S. B. No. 340
       2025-2026
  Senator Patton
  To amend sections 4511.092, 4511.093, 4511.096,  1
  4511.097, 4511.098, 4511.099, and 4511.0911; to  2
  enact new section 4511.094; and to repeal  3
  sections 4511.094, 4511.095, 4511.0912,  4
  4511.0913, and 4511.0914 of the Revised Code to  5
  require elector approval for a municipal traffic  6
  camera program and to streamline the traffic  7
  camera laws.  8
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That sections 4511.092, 4511.093, 4511.096,  9
4511.097, 4511.098, 4511.099, and 4511.0911 be amended and new  10
section 4511.094 of the Revised Code be enacted to read as  11
follows:  12
     Sec. 4511.092. As used in sections 4511.092 to 4511.0914  13
4511.0911 of the Revised Code:  14
     (A) "Designated party" means the person whom the  15
registered owner of a motor vehicle, upon receipt of a ticket  16
based upon images recorded by a traffic law photo-monitoring  17
device that indicate a traffic law violation, identifies as the  18
person who was operating the vehicle of the registered owner at  19
the time of the violation.  20
S. B. No. 340  Page 2
As Introduced
       (B) "Law enforcement officer" means a police officer who  21
is employed on a permanent, full-time basis by the law  22
enforcement agency of a local authority that assigns such person  23
to the location of a traffic law photo-monitoring device  24
municipal corporation.  25
       (C) "Local authority" means a municipal corporation.  26
       (D) "Motor vehicle leasing dealer" has the same meaning as  27
in section 4517.01 of the Revised Code.  28
       (E) (D) "Motor vehicle renting dealer" has the same  29
meaning as in section 4549.65 of the Revised Code.  30
       (F) (E) "Recorded images" means any of the following  31
images recorded by a traffic law photo-monitoring device that  32
show, on at least one image or on a portion of the videotape,  33
the rear of a motor vehicle and the letters and numerals on the  34
rear license plate of the vehicle:  35
       (1) Two or more photographs, microphotographs, electronic  36
images, or digital images;  37
       (2) Videotape.  38
       (G) (F) "Registered owner" means all of the following:  39
       (1) Any person or entity identified by the bureau of motor  40
vehicles or any other state motor vehicle registration bureau,  41
department, or office as the owner of a motor vehicle;  42
       (2) The lessee of a motor vehicle under a lease of six  43
months or longer;  44
       (3) The renter of a motor vehicle pursuant to a written  45
rental agreement with a motor vehicle renting dealer.  46
       (H) (G) "System location" means the approach to an  47
S. B. No. 340  Page 3
As Introduced
intersection or area of roadway toward which a traffic law  48
photo-monitoring device is directed and is in operation.  49
       (I) (H) "Ticket" means any traffic ticket, citation,  50
summons, or other ticket issued in response to an alleged  51
traffic law violation detected by a traffic law photo-monitoring  52
device, that represents a civil violation.  53
       (J) (I) "Traffic law photo-monitoring device" means an  54
electronic system consisting of a photographic, video, or  55
electronic camera and a means of sensing the presence of a motor  56
vehicle that automatically produces recorded images.  57
       (K) (J) "Traffic law violation" means either of the  58
following:  59
       (1) A violation of section 4511.12 of the Revised Code  60
based on the failure to comply with section 4511.13 of the  61
Revised Code or a substantially equivalent municipal ordinance  62
that occurs at an intersection due to failure to obey a highway  63
traffic signal;  64
       (2) A violation of section 4511.21 or 4511.211 of the  65
Revised Code or a substantially equivalent municipal ordinance  66
due to failure to observe the applicable speed limit.  67
       Sec. 4511.093. (A) A local authority municipal corporation  68
may utilize a traffic law photo-monitoring device for the  69
purpose of detecting traffic law violations only after obtaining  70
the approval of the electors of the municipal corporation under  71
section 4511.094 of the Revised Code. No county, township, or  72
representative of a county or township shall utilize a traffic  73
law photo-monitoring device to detect and enforce traffic law  74
violations.  75
       (B) The use of a traffic law photo-monitoring device is  76
S. B. No. 340  Page 4
As Introduced
subject to the following conditions:  77
        (1) A local authority shall use a traffic law photo-  78
monitoring device to detect and enforce traffic law violations  79
only if a law enforcement officer is present at the location of  80
the device at all times during the operation of the device and  81
if the local authority complies with sections 4511.094 and  82
4511.095 of the Revised Code.  83
        (2) A law enforcement officer who is present at the  84
location of any traffic law photo-monitoring device and who  85
personally witnesses a traffic law violation may issue a ticket  86
for the violation. Such a ticket shall be issued in accordance  87
with section 2935.26 of the Revised Code and is not subject to  88
sections 4511.096 to 4511.0910 and section 4511.912 of the  89
Revised Code.  90
        (3) If a traffic law photo-monitoring device records a  91
traffic law violation and the law enforcement officer who was  92
present at the location of the traffic law photo-monitoring  93
device does not issue a ticket as provided under division (B)(2)  94
of this section, the local authority may only issue a ticket in  95
accordance with sections 4511.096 to 4511.0912 of the Revised  96
Code.  97
        Sec. 4511.094. (A) The legislative authority of a  98
municipal corporation that wishes to utilize a traffic law  99
photo-monitoring device for the purpose of detecting traffic law  100
violations shall adopt a resolution by a majority vote to submit  101
the proposal to the electors of the municipal corporation. The  102
legislative authority shall certify the resolution to the board  103
of elections of the county in which the most populous portion of  104
the municipal corporation is located not later than ninety days  105
before the day of the general or special election at which the  106
S. B. No. 340  Page 5
As Introduced
proposal is to appear on the ballot.  107
       (B) The form of the ballot shall be as follows:  108
       "Shall the use of automated traffic cameras be allowed in  109
___(municipal corporation)___ to detect traffic law violations?  110
  111
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  112
electors voting on it, the municipal corporation may utilize a  113
traffic law photo-monitoring device for the purpose of detecting  114
traffic law violations.  115
       Sec. 4511.096. (A) A law enforcement officer employed by a  116
local authority municipal corporation utilizing a traffic law  117
photo-monitoring device shall examine evidence of alleged  118
traffic law violations recorded by the device to determine  119
whether such a violation has occurred. If the image recorded by  120
the traffic law photo-monitoring device shows such a violation,  121
contains the date and time of the violation, and shows the  122
letter and numerals on the license plate of the vehicle involved  123
as well as the state that issued the license plate, the officer  124
may use any lawful means to identify the registered owner.  125
       (B) The fact that a person or entity is the registered  126
owner of a motor vehicle is prima facie evidence that that  127
person or entity is the person who was operating the vehicle at  128
S. B. No. 340  Page 6
As Introduced
the time of the traffic law violation.  129
       (C) Within thirty days of the traffic law violation, the  130
local authority municipal corporation or its designee may issue  131
and send by regular mail a ticket charging the registered owner  132
with the violation. The ticket shall comply with section  133
4511.097 of the Revised Code. If the local authority municipal  134
corporation mails a ticket charging the registered owner with  135
the violation, the local authority municipal corporation shall  136
file a certified copy of the ticket with the municipal court or  137
county court with jurisdiction over the civil action.  138
       (D) A certified copy of the ticket alleging a traffic law  139
violation, sworn to or affirmed by a law enforcement officer  140
employed by the local authority municipal corporation, including  141
by electronic means, and the recorded images produced by the  142
traffic law photo-monitoring device, is prima facie evidence of  143
the facts contained therein and is admissible in a civil action  144
or proceeding concerning the ticket issued under this section.  145
       Sec. 4511.097. (A) A traffic law violation for which a  146
ticket is issued by a local authority municipal corporation  147
based on evidence recorded by a traffic law photo-monitoring  148
device is a civil violation. If a local authority municipal  149
corporation issues a ticket for such a violation, the ticket  150
shall comply with the requirements of this section and the fine  151
for such a ticket shall not exceed the amount of the fine that  152
may be imposed for a substantially equivalent criminal traffic  153
law violation.  154
       (B) A local authority municipal corporation or its  155
designee shall process such a ticket for a civil violation and  156
shall send the ticket by ordinary mail to any registered owner  157
of the motor vehicle that is the subject of the traffic law  158
S. B. No. 340  Page 7
As Introduced
violation. The local authority municipal corporation or designee  159
shall ensure that the ticket contains all of the following:  160
       (1) The name and address of the registered owner;  161
       (2) The letters and numerals appearing on the license  162
plate issued to the motor vehicle;  163
       (3) The traffic law violation charged;  164
       (4) The system location;  165
       (5) The date and time of the violation;  166
       (6) A copy of the recorded images;  167
       (7) The name and badge number of the law enforcement  168
officer who was present at the system location at the time of  169
the violation, if applicable;  170
       (8) The amount of the civil penalty imposed, the date by  171
which the civil penalty is required to be paid, and the address  172
of the municipal court or county court with jurisdiction over  173
the civil action to which the payment is to be sent;  174
       (9) A statement signed by a law enforcement officer  175
employed by the local authority municipal corporation indicating  176
that, based on an inspection of recorded images, the motor  177
vehicle was involved in a traffic law violation, and a statement  178
indicating that the recorded images are prima facie evidence of  179
that traffic law violation both of which may be signed  180
electronically;  181
       (10) Information advising the person or entity alleged to  182
be liable of the options prescribed in section 4511.098 of the  183
Revised Code, specifically to include the time, place, and  184
manner in which the person or entity may appear in court to  185
S. B. No. 340  Page 8
As Introduced
contest the violation and ticket and the procedure for  186
disclaiming liability by submitting an affidavit to the  187
municipal court or county court as prescribed in that section;  188
       (11) A warning that failure to exercise one of the options  189
prescribed in section 4511.098 of the Revised Code is deemed to  190
be an admission of liability and waiver of the opportunity to  191
contest the violation.  192
       (C) A local authority municipal corporation or its  193
designee shall send a ticket not later than thirty days after  194
the date of the alleged traffic law violation.  195
       (D) The local authority municipal corporation or its  196
designee may elect to send by ordinary mail a warning notice in  197
lieu of a ticket under this section.  198
       Sec. 4511.098. (A) A person or entity who receives a  199
ticket for a civil violation sent in compliance with section  200
4511.097 of the Revised Code shall elect to do one of the  201
following:  202
       (1) In accordance with instructions on the ticket, pay the  203
civil penalty, thereby admitting liability and waiving the  204
opportunity to contest the violation;  205
       (2)(a) Within thirty days after receipt of the ticket,  206
provide the municipal court or county court with jurisdiction  207
over the civil action with either of the following affidavits:  208
       (i) An affidavit executed by the registered owner stating  209
that another person was operating the vehicle of the registered  210
owner at the time of the violation, identifying that person as a  211
designated party who may be held liable for the violation, and  212
containing at a minimum the name and address of the designated  213
party;  214
S. B. No. 340  Page 9
As Introduced
       (ii) An affidavit executed by the registered owner stating  215
that at the time of the violation, the motor vehicle or the  216
license plates issued to the motor vehicle were stolen and  217
therefore were in the care, custody, or control of some person  218
or entity to whom the registered owner did not grant permission  219
to use the motor vehicle. In order to demonstrate that the motor  220
vehicle or the license plates were stolen prior to the traffic  221
law violation and therefore were not under the control or  222
possession of the registered owner at the time of the violation,  223
the registered owner shall submit proof that a report about the  224
stolen motor vehicle or license plates was filed with the  225
appropriate law enforcement agency prior to the violation or  226
within forty-eight hours after the violation occurred.  227
       (b) A registered owner is not responsible for a traffic  228
law violation if, within thirty days after the date of mailing  229
of the ticket, the registered owner furnishes an affidavit  230
specified in division (A)(2)(a)(i) or (ii) of this section to  231
the court with jurisdiction in a form established by the court  232
and the following conditions are met:  233
       (i) If the registered owner submits an affidavit as  234
specified in division (A)(2)(a)(i) of this section, the  235
designated party either accepts liability for the violation by  236
paying the civil penalty or by failing to request a court  237
hearing within thirty days or is determined liable in a court  238
hearing;  239
       (ii) If the registered owner submits an affidavit as  240
specified in division (A)(2)(a)(ii) of this section, the  241
affidavit is supported by a stolen vehicle or stolen license  242
plate report as required in that division.  243
       (3) If the registered owner is a motor vehicle leasing  244
S. B. No. 340  Page 10
As Introduced
dealer or a motor vehicle renting dealer, notify the court with  245
jurisdiction of the name and address of the lessee or renter of  246
the motor vehicle at the time of the traffic law violation. The  247
court shall establish the form of the notice. A motor vehicle  248
leasing dealer or motor vehicle renting dealer who receives a  249
ticket for an alleged traffic law violation detected by a  250
traffic law photo-monitoring device is not liable for a ticket  251
issued for a motor vehicle that was in the care, custody, or  252
control of a lessee or renter at the time of the alleged  253
violation. The dealer shall not pay such a ticket and  254
subsequently attempt to collect a fee or assess the lessee or  255
renter a charge for any payment of such a ticket made on behalf  256
of the lessee or renter.  257
       (4) If the vehicle involved in the traffic law violation  258
is a commercial motor vehicle and the ticket is issued to a  259
corporate entity, provide to the court with jurisdiction an  260
affidavit in a form established by the court, sworn to or  261
affirmed by an agent of the corporate entity, that provides the  262
name and address of the employee who was operating the motor  263
vehicle at the time of the alleged violation and who is the  264
designated party.  265
       (5) Contest the ticket by filing a written request for a  266
court hearing to review the ticket in a form established by the  267
court. The person or entity shall file the written request not  268
later than thirty days after receipt of the ticket. The failure  269
to request a hearing within this time period constitutes a  270
waiver of the right to contest the violation and ticket, and is  271
deemed to constitute an admission of liability and waiver of the  272
opportunity to contest the violation.  273
       (B) A court with jurisdiction that receives an affidavit  274
S. B. No. 340  Page 11
As Introduced
described in division (A)(2)(a)(i) or (A)(4) of this section or  275
a notification under division (A)(3) of this section from a  276
registered owner may proceed to notify the local authority  277
municipal corporation to send a ticket that conforms with  278
division (B) of section 4511.097 of the Revised Code to the  279
designated party. The local authority municipal corporation  280
shall send the ticket to the designated party by ordinary mail  281
not later than twenty-one days after receipt of the  282
notification.  283
       Sec. 4511.099. (A) Subject to division (B) of this section  284
and notwithstanding any other provision in the Revised Code to  285
the contrary, when a certified copy of a ticket issued by a  286
local authority municipal corporation based on evidence recorded  287
by a traffic law photo-monitoring device is filed with the  288
municipal court or county court with jurisdiction over the civil  289
action, the court shall require the local authority municipal  290
corporation to provide an advance deposit for the filing of the  291
civil action. The advance deposit shall consist of all  292
applicable court costs and fees for the civil action. The court  293
shall retain the advance deposit regardless of which party  294
prevails in the civil action and shall not charge to the  295
registered owner or designated party any court costs and fees  296
for the civil action.  297
       (B) Division (A) of this section does not apply to any  298
civil action related to a ticket issued by a local authority  299
municipal corporation based on evidence recorded by a traffic  300
law photo-monitoring device when the traffic law photo-  301
monitoring device was located in a school zone. The court shall  302
charge the applicable court costs and fees for such a civil  303
action to the party that does not prevail in the action.  304
S. B. No. 340  Page 12
As Introduced
       As used in this division, "school zone" has the same  305
meaning as in section 4511.21 of the Revised Code.  306
       Sec. 4511.0911. (A) Upon request, each manufacturer of a  307
traffic law photo-monitoring device shall provide to a local  308
authority municipal corporation utilizing its devices the  309
maintenance record of any such device used in that local  310
authoritymunicipal corporation.  311
       (B)(1)(B) Commencing January 2015, not later than the last  312
day of January of each year, the manufacturer of a traffic law  313
photo-monitoring device shall provide to the applicable local  314
authority municipal corporation a certificate of proper  315
operation that attests to the accuracy of the device in  316
recording a traffic law violation.  317
       (2) In addition to the requirement prescribed in division  318
(B)(1) of this section, for every such device that is considered  319
mobile, meaning it is attached to a trailer, vehicle, or other  320
wheeled apparatus so that it is easily moved to different system  321
locations, both of the following apply:  322
       (a) Each local authority shall test the accuracy of each  323
such device with an independent, certified speed measuring  324
device or some other commonly accepted method prior to its use  325
at each system location.  326
       (b) Each local authority shall clearly and conspicuously  327
mark on the outside of the trailer, vehicle, or wheeled  328
apparatus that contains the traffic law photo-monitoring device  329
that the device is contained therein and that the trailer,  330
vehicle, or wheeled apparatus is the property of the local  331
authority.  332
       (C) In the case of a traffic law photo-monitoring device  333
S. B. No. 340  Page 13
As Introduced
that is used at an intersection to detect violations of section  334
4511.12 of the Revised Code based on the failure to comply with  335
section 4511.13 of the Revised Code or a substantially  336
equivalent municipal ordinance, the local authority shall not  337
issue a ticket for a violation based upon evidence recorded by a  338
traffic law photo-monitoring device when a vehicle makes a legal  339
right or left turn-on-red-signal if all of the following apply:  340
       (1) The vehicle can make the turn safely.  341
       (2) The vehicle comes to a complete stop at any point  342
prior to completing the turn.  343
       (3) No pedestrians are in the crosswalk, or are about to  344
enter the crosswalk, of any approach to the intersection the  345
vehicle occupies while commencing or making the turn.  346
       Section 2. That existing sections 4511.092, 4511.093,  347
4511.096, 4511.097, 4511.098, 4511.099, and 4511.0911 of the  348
Revised Code are hereby repealed.  349
       Section 3. That sections 4511.094, 4511.095, 4511.0912,  350
4511.0913, and 4511.0914 of the Revised Code are hereby  351
repealed.  352