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Law may halt city’s school zone camera use

YOUNGSTOWN — A state law may put an end to Youngstown’s already stalled effort to crack down on speeders in school zones using unmanned cameras, but the law director said he doesn’t believe it applies to the city.

While the city is reviewing the law, Law Director Jeff Limbian said he is “pretty confident” it doesn’t impact cities, like Youngstown, with home rule.

A provision in the state’s transportation budget that addresses the use of a “traffic law photo-monitoring device” permits “local authorities” to use them “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.” The law took effect June 30.

The law doesn’t specifically state cities with home rule are exempt.

Limbian said the state law is in “direct contradiction” to a July 2017 Ohio Supreme Court decision that ruled it was unconstitutional for the Legislature to require that a police officer be present when cities with home rule use cameras for traffic enforcement.

The court ruled in favor of the city of Dayton, which filed the lawsuit, and against the state, writing it was illegal and unconstitutional to require that an officer be present when cameras were in use.

That court decision stated the restriction unconstitutionally limited “the municipality’s home-rule authority without serving an overriding state interest.”

Asked about the state law that could change that, Limbian said: “The Ohio Supreme Court said if you have home rule you can have the cameras without requiring to have an officer present. We’re still bringing total clarity to it, but we’re nearly certain we’re going to be fine.”

Youngstown city officials have said numerous times that it used unmanned speed cameras in school zones because there aren’t enough police officers to patrol those areas. The city implemented the speed cameras in phases beginning Feb. 21 and had them in use at 19 schools.

When schools ended classes in Youngstown, between May 18 and June 2, the cameras in the zones were turned off.

Limbian said a month ago that the cameras would be turned back on when the Youngstown city school district teachers strike ended. But when that was resolved and classes resumed Sept. 18, the cameras remained off.

A dispute as to how — or if — Youngstown Municipal Court will hold hearings on those contesting speed citations in school zones from the unmanned cameras is unresolved with no indication it will be settled.

After having to backtrack on his statements, Limbian said Sept. 19, the day after Youngstown city schools reopened, that Mayor Jamael Tito Brown was giving Carla Baldwin, Youngstown court’s administrative and presiding judge, a little time to review the modifications made by city council to the ordinance establishing the camera policy.

He said Sept. 19: “This temporary suspension of the program will be very temporary.”

But a month later, it remains shut down.

Limbian said Tuesday: “When we get the constitutional issue ironed out, I’m going to urge the mayor to commence this program for safety reasons.”

Limbian said he learned about the new state law just a few days ago.

In a Sept. 11 email to city administration officials, court Administrator David Magura Jr. wrote: “Rushing this process without due diligence could lead to unintended consequences and complications in our operations,” and the administration’s proposal “does not offer a comprehensive analysis of the potential ramifications on our docket and operations.”

Baldwin in an April 4 letter to Brown, Limbian and police Chief Carl Davis listed what she sees as shortcomings in the legislation.

That included no details on affidavits filed by those who had their vehicle or license plates stolen and received citations, no relief for companies that lease or rent vehicles, the lack of affidavits with corporate entities, court costs and “mechanical difficulties” such as default judgments when a person fails to appear but later is able to show good cause why that happened.

Since the enforcement started Feb. 21, 22,424 speeding citations were issued.

There are about 300 citations that are being contested, Limbian said.

Statistics updated Tuesday by Finance Director Kyle Miasek show that the city has collected $529,834 from the citations.

The city gets 65% of the money collected with Blue Line Solutions, the Chattanooga, Tennessee, company that runs the program, getting the other 35%.

Blue Line’s percentage of the collections is $285,295.

Overall, a total of $815,129 has been collected.

Cameras were in use on school days from the time kids headed to class until 6 p.m. They weren’t used on weekends, during the summer and on days when class is not in session.

During the two hours in the morning that kids go to school, and the two hours when they leave, the speed limit in those zones are 20 mph. In between and after school ends, the speed limit is 25 and 35 mph depending on the location.

Motorists caught going at least 11 mph over the speed limit and up to 14 mph over it face a civil penalty of $100. Those going 15 to 20 mph over the limit face a $125 penalty and those traveling faster than 20 mph over the limit face a $150 penalty. They do not get points on their driving record for the citations.

Even at the minimum $100 penalty, that would mean the collection rate is about 36 percent. There is no apparent penalty for not paying the citations.

While 22,424 were issued, it is believed that Blue Line has several other citations that it has not yet mailed because of the issues with the courts.

Under state law that restricts the use of speed cameras, Youngstown can use its share of the speed camera citation collections for only school safety resources, such as improvements to school zones and crosswalks near those buildings.

City council on Oct. 4 agreed to spend $7,000 on electric bills to operate the speed cameras. But Miasek said Tuesday that was an estimated cost of using the speed cameras this year and none of the money actually has been spent.

Solar panels are attached to most of the speed cameras in Youngstown.

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