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Youngstown signed a deal to target speeders on highways and in school zones
YOUNGSTOWN
The city signed a contract with a company to penalize those who speed on highways and in school zones that would start as soon as August.
State law, enacted in March, doesn’t permit unmanned traffic cameras. That killed a plan for the city to use them in school zones.
The board of control Thursday approved a three-year partnership contract with Optotraffic of Lanham, Md., that will give uniformed police officers in marked cars specialized radar guns that take photos of speeders. Instead of having the police stop most speeding cars and give tickets to drivers, Optotraffic will send a bill with a fee for motorists to pay, said Police Chief Robin Lees.
The deal calls for the city to keep 65 percent of the fee with Optotraffic getting 35 percent, Lees said.
Those caught speeding under this plan won’t be convicted of a moving violation and won’t have points on their driving record, he said.
The city will hire a lawyer to handle administrative appeals from those billed for breaking the speed limit and dispute it, said Deputy Law Director Anthony Donofrio. Those who disagree with the outcome of the administrative appeal can file in Mahoning County Common Pleas Court.
Before the process starts, the city must post signs warning people they are in areas with traffic cameras and have Optotraffic send warning letters during the first 30 days the cameras are used, Donofrio said.
While most speeders wouldn’t be stopped, there are exceptions, Lees said.
Vehicles that meet the description of being involved in more serious crimes, repeat offenders and those using excessive speed would be stopped by officers, he said.
What isn’t worked out are the fees.
Lees said the fees would be slightly lower than the fines and court costs for speeding convictions in municipal court.
The current fines are $25 for up to 14 mph over the speed limit, $30 for 15 to 20 mph over the limit, and for those going 21 mph over the limit, a court appearance is required and a fine set by the judge, according to the clerk of courts office. Also, every moving violation conviction has a mandatory $79 court cost.
City council passed an ordinance in June 2013, when it considered unmanned traffic cameras in school zones, with fees of $100 for those driving up to 13 mph over the speed limit, $125 for 14 to 19 mph over limit, and $150 for those who drive at least 20 mph over the limit.
As for what speed would trigger a fee, Lees said, “Speed limits are absolute. One mph over is actually a violation. The threshold will depend on a variety of factors to include weather, traffic conditions, or areas such as a school zone or freeway. Generally, we would probably observe traditional thresholds that most people recognize.”
He declined to disclose those thresholds.
“People should use their best judgment,” Lees said.
Optotraffic is providing three of the radar guns that take photos and will send bills to those exceeding the speed limit, Lees said. The city will use up to two radar guns at a time, he said.
James A. Denney, an attorney who won a class-action lawsuit in 2006 against Girard over that city’s use of unmanned traffic cameras, said the Youngstown policy would comply with the law.
“I would still object to it,” he said. “Why would they allow an outside company to take money? Why not have the officer pursue speeders, write a ticket and keep all the revenue?”
David Betras, an attorney also involved in fighting the unmanned cameras in Girard, said Youngstown is following the law.
“They’re raising revenue,” he said. “They also want to slow down motorists, but the No. 1 reason is to raise funds as more and more local governments are scrambling to make up cuts coming from Columbus.”
Donofrio said, “Controlling the problem of speeders, particularly on 680, is the main reason we’re doing this. Will we make money off of tickets? Of course. But we’re doing this as a deterrent for speeding.”