1. law, govt and politics
2. law enforcement
3. police

The Neighborhood News
THE GARFIELD HEIGHTS TRIBUNE
DELIVERED IN SOUTHEAST CLEVELAND, GARFIELD HEIGHTS, NEWBURGH HEIGHTS,
CUYAHOGA HEIGHTS, INDEPENDENCE, VALLEY VIEW, MAPLE HEIGHTS AND BEDFORD
92nd YEAR NO. 13
CIRCULATION 15,000 COPIES
Fights erupt at V.V. Cinemark;
almost 300 juveniles involved
A fight between two teenagers triggered the "disorderly behavior" of
nearly 300 juveniles inside and outside the Cinemark movie theater in
Valley View last Friday, Jan. 2, about 8:50 p.m., according to Valley
View Police Chief Matthew March.
According to published reports, the fight started inside the theater
where witnesses said they were watching "The Woman in Black 2: Angel
of Death."
The theater stopped the movie and asked the juveniles to leave. They
let the movies run that were already in progress in the other theaters;
everything else was stopped for the rest of the night.
March said off-duty Valley View officers working security detail at
Cinemark that night asked for additional units when several more
fights began inside the theater, which then spread outside into the
parking lot.
Approximately 40 police officers from local, county and state departments arrived to help disperse the unruly crowd with verbal commands.
No injuries, property damage or weapons were found or reported.
Three juveniles, two females and one male, were detained at the scene
for a short amount of time and were turned over to their parents. March
said there is no information to suggest this was a planned event.
"The Valley View officers on the scene and the responding officers did
an outstanding job... and the situation was resolved without major
incident," Chief March said in a press release.
In another update yesterday from Chief March, he said all details on the
incident will be turned over to the Cuyahoga County Prosecutor’s Office
for review.
“We are sending information on five juveniles (four females and one
male, ages 13-15) with the recommendation that they be charged appropriately,” March stated.
Officials say full effect of Ben
Venue loss will be felt this year
By Judith Goldsworth
The loss of Ben Venue Laboratories will hit Bedford hard this year,
according to officials who spoke at
the Monday, Dec. 15 council meeting in regard to the 2015 budget.
lion in the bank. That's the good
news. The bad news is, if nothing
changes in four years, we have zero.
So we are diligently trying to find
new businesses or new ways to save
money. It's an ongoing process."
The total amount of the budget, Legislation passed
stated at about $37.6 million, takes
Passed at the meeting was an ordiinto account the loss of a substantial
nance
to declare the property at 787
amount of revenue from Ben Venue,
Archer
Road a nuisance because of
which closed its large Northfield
its deteriorated condition and have
Road facility at the end of 2013.
the situation resolved with the propAlthough the plant did employ erty owner.
some former workers who continAlso passed was an ordinance auued to make products on a limited
basis for other pharmaceutical com- thorizing a contract with the
County
Land
panies, about 1100 workers lost their Cuyahoga
Reutilization Corporation to "act as
jobs when Ben Venue closed.
the city's agent and demolish those
After several months of actively
vacant and abandoned homes as
seeking a buyer, Bedford officials
designated by the city."
stated in mid-2014 that Hikma
Legislation to amend the previous
Pharmaceuticals had decided to buy
the closed facility and its assets, appropriations ordinance for addiknown as Bedford Laboratories, tional appropriations for 2014 was
from Ben Venue's parent company, also passed by council.
Boehringer Ingelheim of Germany,
"These appropriations reflect the
in a multi-phase purchase agree- recent Build America Bonds that
ment, amounting to about $300 the city refinanced," Mallis said. He
million.
noted that by refinancing the bonds
Officials with Hikma, based in
London, England, also stated their
intent to open the plant in the
name of their U.S. subsidiary, Westward Pharmaceuticals. However, the
changeover is ongoing and will
take time, officials have stated.
During his vote on the budget
legislation, Councilman Donald
Saunders said the Ben Venue closure "has really played havoc with
our budget" and that the city would
have to dip into its Rainy Day Fund
to make ends meet.
Mayor Stan Koci credited Finance
Director Frank Gambosi for his
work on the budget and the city's
finances and said that, "Hopefully
we're going to bring in some new
businesses, a couple of things on
the horizon that are going to help
out, so if those break we'll be a lot
better off... if they don't then we're
going to be eating up that fund."
the city would save just under
$90,000.
Safety forces honored
Mayor Koci presented Certificates
of Appreciation to Lt. Greg Miller,
Lt. Dave Moore, Lt. Jeff Diederich,
firefighters Mark Nakel, Steve
Copelin, Pat Guhde, Mike Scabbo,
Mike Millet and Assistant Fire Chief
Shawn Solar for "an outstanding job
and their overall cooperative efforts
to assist at the Maple Heights warehouse fire on Thanksgiving Day."
WEDNESDAY, JANUARY 7, 2015
having a weapon and kept reaching
behind his back. Officers deployed
a Taser but it was not effective, the
release stated, and Hebebrand brandished a knife and advanced toward officers.
call to police that she was afraid
because her boyfriend had come
home drunk, had ripped down their
Christmas tree and thrown it outside and was destroying her living
room.
Officer Kevin Webb, a 15-year
police veteran and 8-year member
of Bedford PD, shot Hebebrand,
who was transported to MetroHealth
Medical Center where he died from
his wounds shortly after arrival.
Officer Webb remains on administrative leave while detectives conduct an investigation. The case will
be presented to a grand jury by the
Cuyahoga County Prosecutor's Office.
In another media release on DeThey said they attempted to talk cember 31 by Chief Nietert, it was
with Hebebrand, who admitted to noted that "Webb responded according to his training and was forced
to fire his duty weapon to protect
himself and his fellow officers. There
were multiple shots fired and the
victim was struck multiple times."
A vigil was held last week at the
home Hebebrand shared with his
girlfriend and her two adult children at 647 Archer Rd., where police were called to the night of his
death.
The Bedford Police Department
had an officer involved in a shooting in the early morning hours of
December 26, in the 600 block of
Archer Road, according to a media
release from Bedford Police Chief
Kris Nietert.
He said officers responded to the
residence for a disturbance call.
The male resident causing the disturbance, later identified as John
Hebebrand, 43, of Bedford, confronted officers, police said.
Newburgh Hts.
to file lawsuits
for unpaid speed
camera tickets
Beginning this month, third and
final notices will be mailed to all
motorists who have been issued speed
camera citations in Newburgh
Heights and not paid them, according to Mayor Trevor Elkins.
This final notice will give motorists
thirty days to pay up.
Survivors/Victims of Tragedy and Mugshot of John Hebebrand
Black on Black Crime helped orga- from a disorderly conduct arrest
Hebebrand's girlfriend had told nize the vigil in Hebebrand's on January 14, 2010, from Bedford
the dispatcher in her tearful 9-1-1 memory.
PD.
Seeks donations for Maple Hts. Senior Ctr.
By Judith Goldsworth
Human Services Director Linda
Vopat announced at the December
17th Maple Heights Council meeting that she is still asking for donations to help keep the Maple Heights
Elkins said that following this fi- Senior Center open, with a goal to
nal grace period, the Village of raise $300,000 by January 31.
Newburgh Heights will file civil
In November a levy that would
suits in Garfield Heights Municipal have raised about $320,000 annuCourt against those who have failed ally for the Senior Center and its
to resolve outstanding camera tick- various operations failed by only 55
ets.
votes. Because of the volume of
“There was a lot of misinforma- positive response from citizens who
tion circulating in the local media voted for the levy, Vopat came up
and on the internet which led many with the solution to have residents
people to believe the cameras were donate what they would have paid
unconstitutional and even banned," additionally on their taxes had the
Mayor Elkins said. "This is unfortu- levy passed.
Early last month Vopat suggested
nate and simply not the case. In
fact, the courts and legislature have that if 3,000 people gave $100 apiece
to the Senior Center, a total of
decided the exact opposite."
$300,000 could be raised to conHe said that should an individual tinue the center's services, which
be found liable in Garfield Heights includes more than 25,000 senior
Municipal Court, there will be a on-site and home-delivered meals,
number of consequences.
and 14,000 rides yearly to seniors
First, the offender will have a and the disabled.
public default judgment placed on
Additionally, the city provided a
their credit record that will substan- total of 227,000 pounds of food to
tially impact their ability to receive 10,500 residents from the Food
auto, home or other financing. The Pantry in 2013, and the center
motorist will be liable for both the provides housing and utility assiscitation and court costs associated tance and supportive services to
with the hearing and collection of residents.
the fine, resulting in a substantially
A special restricted fund has been
greater liability than the original
created
by the city where private
citation.
donors can make their contribuFinally, collection actions such as tions.
garnishments, tax return seizures
Vopat said Maple Heights School
and bank freezes are all options
Board
member Robert Dober, who
should the offender continue to
ignore an outstanding judgment or was in attendance at the council
meeting, had written her a check
ticket.
for $1,000.01.
"It is anticipated that the total
"You might say, why $1,000.01?"
liability of a citation adjudicated in
Vopat said of the unusual amount.
Garfield Heights Municipal Court "That may be because I mentioned
will be substantially greater than to him that I got two other $1,000
$300, more than triple the original donations and he wanted to be the
citation amount to account for court biggest donor," she said, to laughfees and late charges," added the ter from officials and the audience.
mayor. “It obviously makes far
Those who wish to donate can
greater sense to resolve a camera
make
checks payable to the Maple
ticket prior to the filing of a suit in
Heights
Senior Center and mail
Garfield.”
them to the senior center, Attn:
Linda Vopat, Director, 15801 Libby
Road, Maple Heights, Ohio, 44137.
Donations will be accepted until
January 31, 2015. As stated by the
city, the first 225 donors of $100 or
more will receive a Mr. Chicken
dinner for four people. For more
details call 216-587-5481.
CCC STUDENTS STARTING
THE NEW YEAR RIGHT!
Burglaries reported
Police Chief John Popielarczyk
said police responded to 54 burglaries throughout the city last October and November. Thirty of the
burglaries were occupied homes and
24 were vacant homes.
"Next year [in 2015], we will see
the full effect of Ben Venue," Mallis
said. "This year, we did get hit from
a loss from them but nowhere near
what we're going to see next year."
Koci said, "We do have $9.2 mil-
FREE
Man fatally shot by Bedford police; Hebebrand
allegedly advanced on officers brandishing knife
In his discussion of the budget
ordinance, City Manager Mike
Mallis explained the impact that
Ben Venue's closure will have on the
city.
Mallis said there were several
things in place to help make up for
the loss of Ben Venue income. He
noted the "substantial changes"
made in medical coverage for the
city's employees heading into 2015.
"That's going to help, and also
doing our best to make sure that the
company that's taking over that facility, Westward, grows and grows
quickly."
PHONE: (216) 441-2141 • EMAIL: [email protected]
Shown here starting the new year off last Friday with a cleanup
of the stretch of Broadway Avenue approaching East 93rd Street
from Garfield Heights are Cleveland Central Catholic High School
students and parents. The project was done through the Third
Federal Work Service Scholarship program which gives tuition
money to students and parents performing community service.
In response to the crimes,
Popielarczyk said an officer had
put together a map identifying two
specific problem areas where the
majority of the burglaries were occurring. The majority were in District 3, north of Rockside Road on
either side of Dunham Road, and
split between District 6 and 7, north
of Libby Road, between Warrensville
Center and Northfield.
The chief also warned residents of
possible scam artists trying to get
into people's houses to steal their
money and belongings and urged
them to call police if something
doesn't seem right.
Councilman Anthony Cefaratti also
encouraged residents to call police
if they saw anything suspicious,
referring to successful arrests in
burglaries earlier in the year.
Rainy Day Fund axed
In the wake of the city's continuing financial straits, including a
deficit which has been stated at
anywhere between $1.8 and $2.8
million, a resolution to terminate
the Rainy Day Fund and transfer
the balance into the General Fund
was passed at the meeting on the
recommendation of Finance Director Irene Crowell.
advances that are claimed are at
least seven years old. They were
done between 2000 and 2007. If
they truly were advances and they
needed to be repaid, why were they
not repaid in the intervening years?
Some of them are 14 years old."
Withdrawn from the council
agenda was an ordinance to terminate the Solid Waste Collection
Fund for payment of trash collection in the city.
Approved was an ordinance to
make temporary appropriations for
current expenditures in the city for
the fiscal year ending March 31,
2015.
The proceeds of the fund, estimated at about $21,000, will supple- Zoning change, curb ramp
ment the city's finances while it plans approved
continues to seek solutions to adCouncil approved a zoning change
dress its budget deficit. A portion of
this same fund, about $100,000, to permit used car sales in the
was transferred into the General General Commercial Zoning District, which will allow the Hertz
Fund over the summer.
Corporation to expand their busiAn ordinance to repay $575,000 ness by selling used cars on an
in advances made to the Solid Waste empty lot next to their location at
Collection Fund from the General 5515 Warrensville Center Rd.
Fund revenues and also authorizing repayment of advances made Also passed was a resolution for
from General Fund revenues to the city engineer to begin preparSpecial Revenue Funds was placed ing plans and specifications and
advertise for bids for installation of
on first reading.
ADA (Americans With Disabilities
"The city... has advanced approxi- Act) accessible curb ramps on Libby
mately $975,000 from General Fund Road from Lee to Northfield.
Revenues (income tax) to the Solid
The city has applied for a grant of
Waste Collection Fund... for the up to $150,000 with the Cuyahoga
payment of solid waste disposal County Department of Developfrom 2000 through 2013," the ordi- ment Community Block Grant Pronance states, adding, "The General gram to help fund the project.
Fund has been repaid for said advances in the amount of $400,000 Also passed was a resolution for
in 2007, leaving a balance owed to the city to enter into a contract with
the General Fund of $575,000... the Cuyahoga County Board of
the General Fund is in need of Health to provide health services
repayment for said advances to meet for Maple Heights residents in 2015,
the daily operating expenses of the at a cost of $90,701.
city."
Council passed another resolution
for
the city to enter into a contract
Councilman Bill Brownlee comwith
the Cuyahoga County Land
mented, "I would like to state that
Reutilization
Corporation to particiwe received no documentation statpate
in
the
county's
demolition fund
ing that these advances actually
program
in
Maple
Heights
in 2015.
occurred... all we have is a document prepared by the finance director, a spreadsheet, claiming that
there were advances made, but no
documentation showing that it actually was done."
An ordinance for the city to contract with Landmark Dividend Company for a lease purchase agreement for the city's current lease and
easement with Global Tower Partners
Brownlee also stated, "All of these for a cellular phone tower at Gateway
Boulevard in the Rockside-Broadway neighborhood was placed on
first reading for further discussion.
Chefs wanted for
St. Stan’s annual G.H. library
Chili Cook Off opens creativity
The 5th annual St. Stan's Chili
Cook Off is set for Saturday, Jan.
24, and chefs are wanted! The
event will be held at the St.
Stanislaus Social Center, 6601
Baxter Ave., Cleveland. In the
event of a snow storm, the cook off
will be held January 31.
Those wishing to enter the contest must register by January 19,
by calling Ingrid or Bob Sledz at
440-333-7827. Only 20 chefs will
compete, so register early. Further details will be explained upon
registration.
Chefs are eligible to win the
"Golden Spoon Award" and recently added "People's Choice
Award." Attendees will sample the
various chilies while supporting
St. Stanislaus Parish and schools.
'incubator'
The Garfield Heights Branch of
the Cuyahoga County Public Library, 5409 Turney Rd., has announced the opening of INCUBATOR, a designated space inside the
library intended for the public to
use for innovation and creativity.
INCUBATOR is a natural lightfilled work space with free WiFi and
a whiteboard wall. Individuals wishing to work alone or to collaborate
with others who are using the space
are encouraged to participate.
The INCUBATOR is now open
from 11 a.m. to 3 p.m., Tuesday
through Thursday. The library also
has an audio studio and video studio
which are open to the public. For
more information call 216-475-8178.
PAGE 2
Thursday, January 8
H&R Block Grand Opening
All are invited to the new H&R
Block location at Turneytown Shopping Center, 4914 Turney Rd.,
Garfield Hts., for a ribboncutting
and grand opening on Thursday,
Jan. 8. Mayor Vic Collova will cut
the ribbon at 4:30 p.m.
THE NEIGHBORHOOD NEWS
Community Meeting
The Warner Turney Neighborhood Organization will meet
Thursday, Jan. 8, at 7 p.m., weather
permitting, at Community Friends
Church, 4509 Warner Rd. All are
welcome with ideas and suggestions and asked to bring a nonperishable food item for the food pantry. Refreshments, 50/50 raffle.
Saturday, January 17
Spaghetti Jam
The 2015 Spaghetti Jam, a benefit for the Holy Name heating
bill, will be held Saturday, Jan. 17,
from 4-9 p.m. in the Holy Name
Parish Hall, 8328 Broadway Ave.,
Cleveland. Cost for adults, $10; children, $5; ages five and under, free.
Includes spaghetti, meatballs, salad,
Italian bread, beverage, homemade
desserts and rock-n-roll with Brent
Kirby and his Cleveland All-Stars!
Tickets available at the parish office
and after all Masses. 216-271-4242.
Sat. & Sun., Jan. 17, 18
St. Monica Winterfest
St. Monica Parish, 13623
Rockside Rd., Garfield Hts., will
host Winterfest, featuring music,
entertainment, Chinese raffle,
homemade food, games of chance
for all ages, instant bingo and 50/50
raffle! Event will be held Saturday,
Jan. 17, from 5-9 p.m., and Sunday,
Jan. 18, from 1-6 p.m. Free admission. Handicapped accessible.
Sunday, January 18
Commemorative Mass
A Mass to commemorate the
100th anniversary of the death of
Fr. Stephen Furdek, founding pas-
tor of Our Lady of Lourdes Parish,
will be held Sunday, Jan. 18, at 10
a.m. at the church, 3395 E. 53 St.,
Cleveland. A brief presentation
about Fr. Furdek will be given after Mass by Joseph Hronack from
the Slovak Cultural Center. Coffee and donuts will follow.
WEDNESDAY, JANUARY 7, 2015
CCC Ironmen wrestling strong
On Saturday, Dec. 13, Cleveland
Central Catholic High School
sponsored the 7th Annual Dean
Kinley Invitational High School
Varsity Wrestling Tournament.
Ten high schools competed in
All Nations Food Festival
the heavily contested ChampiSt. Martin of Tours Parish, 14600 onship Style Double Elimination
Turney Rd., Maple Hts., will host Tournament.
its 5th annual All Nations Food
Cleveland Public School's John
Festival on Sunday, Jan. 18, after Adams High School won the tour11 a.m. Mass inside the school. nament with Central Catholic takSample various cuisines from ing second place. Central
around the globe for only $1 each. Catholic's heavyweight wrestler,
Isiah Pope, pinned his way through
Wednesday, January 21
the competition and was voted the
G.H. State Of City Address
tournament's "Most Outstanding
Join the Garfield Hts. Chamber of Wrestler."
Commerce and Mayor Vic Collova
Central's new coaching staff, led
as he discusses the future of Garfield by Head Coach James Greenwood,
Hts. in 2015 at the "State of the City
Address" on Wednesday, Jan. 21,
from 11:30 a.m. to 1 p.m., at the
Knights of Columbus Grand Ballroom, 10808 Granger Rd. EveryChapter #4164
one is welcome. Cost for members,
Garfield Heights AARP Chap$20; nonmembers, $25. RSVP by
ter #4164 will meet Friday, Jan.
calling 216-475-7775.
9, at 1:30 p.m. at the Civic Center, 5407 Turney Rd. Come join
Saturday, January 24
the fun and play bingo.
Rosary Procession
AARP dues will be collected at
The Roman Catholic 29th an- this meeting for those who have
nual Pro-Life Rosary Procession not paid. Refreshments served.
will be held Saturday, Jan. 24, start- Everyone welcome and asked
ing at 1 p.m. at Cardinal to bring a nonperishable food
Mindszenty Plaza, E. 12 St. and item or other donation for the
Lakeside Ave., Cleveland, and will food bank.
proceed to Public Square.
AARP news
seems to have the Ironmen heading in the right direction. This is
the first time in seven years that
the Ironmen have placed in the
top three of their own tournament.
Team results are as follows:
First place, John Adams, 196.
Second place, Central Catholic,
138.50. Third place, Western Reserve, 137. Fourth, St. Thomas
Aquinas, 99. Fifth, Warrensville
Heights, 87.50. Sixth, Collinwood,
55. Seventh, West Geauga, 54.
Eighth, Lincoln West, 46. Ninth,
Trinity, 42. Tenth place, Holy
Name, 37.
St. Stanislaus
The St. Stan's Golden Agers will
meet Thursday, Jan. 8, at 1:30
p.m. at the Social Center on Baxter
Ave., Cleveland. A light lunch,
raffle and games will follow a short
meeting.
Grandmother's Club
The Grandmother's Club will
meet on Thursday, Jan. 15, at 11:30
a.m. at Cuyahoga Heights Village
Hall, 4863 E. 71 St. A luncheon
will be served, birthdays honored,
raffles and games played.
WEDNESDAY, JANUARY 7, 2015
By Amber Weisbarth
GARFIELD HEIGHTS
Breaking and Entering
The owner of a vacant home in
the 10800 block of Plymouth Ave.
told police he went to the property
on January 1 and noticed the window in the back door had been
broken out and a brick was lying
on the back steps. He said he went
inside to investigate and found
most of the copper plumbing was
missing from the basement. He
said he is unsure when the theft
occurred and he had last been at
the property about a month ago.
Theft
•The owners of a clinic on
McCracken Rd. told police they
believe a former bookkeeper stole
over $395,000 from the clinic between December 2011 and De-
THE NEIGHBORHOOD NEWS
concealing it in her purse. He detained her to wait for police arrival. Officer spoke to the woman,
28, of Garfield Heights, and
searched her purse. Inside police
found the stolen items and two
syringes, which she admitted are
cember 2014. The owners said the used for heroin. She was arrested
former employee handled all pay- and charged with theft and posroll and account information for session of drug instruments.
the company and was fired after
discovering she had fraudulently Traffic Crash
given herself a pay raise and had
A 50-year-old Cleveland resident
stolen about $10,000. The em- said he was driving westbound on
ployee had access to the clinic's Granger Rd. on December 28,
account numbers and information, about 7:10 p.m., and a man drivand dealt with both accounts at two ing a blue minivan was following
different banks daily. The owners behind him. He said that as he
contacted the banks who were un- approached the Granger Rd. and
able to give them much information East 132nd St. intersection, traffic
on the fraudulent charges. The own- slowed but the man was following
ers did not have much information too close behind him and was unon the former employee at the time able to stop, striking the back of
of the report and told police they his car. He said he pulled over to
would ask the payroll service for assess the damage and call police,
more information on her.
when the driver of the minivan
•The manager of Dave's Super- pulled up next to him then fled the
market in Turneytown called po- scene. The victim said he followed
lice on December 30, about 3:40 the minivan onto the I-480 West
p.m., to report a woman stealing entrance ramp and lost sight of him
merchandise from the store and shortly after. He also gave police the
man's license plate number.
Officers searched the number
through LEADS and found a
phone number for its owner, a 32year-old Berea resident, and contacted him. The man initially confirmed he had been in Garfield
Heights on the day and time of the
incident, but said he was not involved in any accidents. Upon coming to the police station to make a
formal statement, he admitted to
not paying attention, crashing into
the back of the man's car, becoming scared and fleeing the scene.
He was charged with hit/skip and
assured clear distance ahead.
SLAVIC VILLAGE
Breaking and Entering
On December 29, about 5:35 a.m.,
police were called to Your Little
Treasure 2 Daycare Center on
Harvard Ave. due to a theft and met
with an employee who said she
locked up the center on December
24 and when she returned on December 29, found the office area
had been ransacked. She told police
the only things missing from the
PAGE 3
center were a TV and a DVD player. police searched for the suspect. They
saw a man walk from the back of the
Felonious Assault
Lester Ave. house with blood on his
Police were called to the 4600 shirt and pants, who admitted he
block of Lester Ave. on January 1, had been involved in the assault.
about 2:15 a.m., for two males When police spoke to the victim at
fighting. When police arrived they the hospital he was heavily banfound a man, 54, of Rosewood daged, bloody and wearing a neck
Ave., bleeding heavily from his brace. He said he went to the Lester
head and nose. The man said that Ave. home to look for his son who
a resident of the house, age 23, used to live there, but was immedibeat him up and took off towards ately confronted by the 23-year-old
the back of the house when he who began attacking him with brass
heard police sirens.
knuckles. The suspect was taken to
The victim was taken to Cleveland Police Department and
MetroHealth Medical Center and charged with felonious assault.
PAGE 4
THE NEIGHBORHOOD NEWS
Libraries plan special programs
BEDFORD
The Southeast Branch of the
Cuyahoga County Public Library
is located in Bedford at 70 Columbus Rd. To register or for more
information, call 440-439-4997.
12, 7 p.m., for families and children. Attendees will talk about
playing it safe online and why you
should never give out personal
information. Also discuss inappropriate social media, and uncover
the real deal with online ads, downloading programs, and correct
research methods for kids. Registration required.
•Creative Writing Workshop,
Saturday, Jan. 10, 1-3 p.m. Join
writer and Bedford school teacher
Jamie Cole to discover innovative CLEVELAND
writing techniques that encourage
The Cleveland Public Library's
creativity and imagination. RegisFleet Branch, 7224 Broadway Ave.,
tration required.
Slavic Village, will offer the follow•Internet Safety, Monday, Jan. ing programs. To register or for
information, call 216-623-6962.
•Kids Cafe, Monday-Friday,
3:30-4:30 p.m. Free healthy, nutritious bagged meals for kids
made possible by a partnership
with the Cleveland Food Bank.
RENT HOUSE
RENT ROOMS
Maple Hts. 2 bedrooms. All new in
and out. Finished basement. Single
garage. (330) 562-6940.
Turney/Warner. Close to Mill Creek
Falls, transportation, shopping. Laundry room, utilities. Warm, friendly
environment. Very nice and roomy.
Available now! $350 + $50 nonrefundable deposit. Hurry!! (216) 5872583.
SALE HOUSE
Classified Deadline:
Monday at 5:00 p.m.
6 bedroom, 2 family double house for
sale. Tenants in house - investment
property. E. 105th area. (216) 3188623.
RENT HOUSE
COMMERCIAL
PROPERTY
COMMERCIAL
PROPERTY
Maple Hts./Garfield Hts. Practical and
inviting 2-3 bedroom. Updated, modern paint, marble & ceramic, carpeting. $745-$895 plus deposit. No pets.
Non Section 8 approved. For details
call (216) 310-6161 or visit
www.ARENTALHOMEFORYOU.com.
Garfield. 3 bedroom, 1 bath, large
dining room, nice yard. $850. (216)
393-4270.
Houses for rent starting at $450
monthly in the Garfield Hts., Fleet,
Broadway areas. (216) 341-2391.
RENT APARTMENT
RENT OFFICE
SPACE
RENT APARTMENT
RENT OFFICE
SPACE
RENT HALLS
RENT HALLS
CATERING
CATERING
Fleet-E. 71st. 2 bedroom single family homes and 2 bedroom apartments.
$550-$675. Move-in ready. Section
8 approved. (216) 769-6081.
Call 216-441-2141
or email your ad to:
[email protected]
WANT TO BUY
WANT TO BUY
WANT TO BUY
HELP WANTED
RENT APARTMENT
Slavic Village area. 1 bedroom down/
up. Appliances, new flooring, parking. No pets. Credit check. 1 year
income verification. $390 month,
$100 security deposit. 1-866-7618319.
3 bedroom up, $450. 1 bedroom
down, $350. Plus security. Parking
for one car. References required. No
pets. (216) 641-9381.
71st/Grant. Beautiful, clean, quiet. 2
bedroom down unit. Large kitchen.
Porch. Yard. $550. (440) 248-4096.
Warner-Connecticut. 3 room apartments, up. 1 bedroom each. $365 &
$385. All are decorated. Parking, security, pets extra security. (440) 4765676 or (440) 582-3009.
Garfield Blvd. Single home. Handicap friendly. 2 bedroom. Partially finished basement. $700 month. (216)
393-4270.
One bedroom apt., front. Nice, clean,
very quiet. No pets. No drugs. Pay
own utilities. (216) 341-8607.
Automotive technician/mechanic
with experience in general repairs.
Good attendance mandatory, M-F.
Must have own tools and at least 5
years of automotive experience. Must
be able and willing to work on all
makes and models, and multi-task
between vehicles, and demonstrate
good self-motivation to complete job
on time. $12-$15 per hour. Call (216)
214-8654.
RENT EFFICIENCY
Garfield Hts. 2 bedrooms down. Very
quiet. With garage. Freshly painted,
fully carpeted, ceramic tile in kitchen
and bath. New windows. Includes
stove, refrig., washer and dryer. $675
month + deposit. No pets. No Section 8. References. (440) 582-8421.
Efficiency for rent. $435 month. Heat
included. Slavic Village area. No pets.
(440) 263-5146.
WANT TO BUY
WANT TO BUY
HELP WANTED
HELP WANTED
TRANSPORTATION
SERVICES
SERVICES AND
REPAIRS
I am a driver for hire for all your
driving needs. Doctor appointments,
shopping, some out of town trips.
Call for pricing, (216) 544-3024.
Plumbing, carpentry, painting, window ropes, locks and numerous home
repairs and improvements. References. Gary, (216) 441-4747.
SERVICES AND
REPAIRS
SERVICES AND
REPAIRS
WEDNESDAY, JANUARY 7, 2015
•Health Education, Tuesday, INDEPENDENCE
Jan. 13, 1:30 p.m. Join Cleveland
The Independence Library, 6361
Clinic health experts as they share
information about keeping your- Selig Dr., will offer the following
programs. Call 216-447-0160 or
self and your family healthy.
visit www.cuyahogalibrary.com for
GARFIELD HEIGHTS
more details or to register.
The Garfield Heights Branch
•Author Visit: Allan May,
Library is located at 5409 Turney Wednesday, Jan. 7, 7 p.m. Allan
Rd. All programs require registra- May, local author of "The Sly-Fantion unless otherwise noted. To ner Murders: the Birth of the
register or for more information, Mayfield Road Mob," will talk
call 216-475-8178.
about one of the most violent periods in the history of Cleveland.
ADULT PROGRAMS
•E-Reader Assistance, Wednesday, Jan. 14, 9:30-11 a.m. Stop at
the Information Desk during this
time with your device (Kindle,
Nook, IPad, etc.) for a drop-in
individual session on how to download free e-books from the library's
collection.
•Volunteens, Tuesday, Jan. 13,
7 p.m. Join the Volunteen group
and earn service hours at the library! Work on an activity that will
either benefit the library or a local
organization at each meeting.
MAPLE HEIGHTS
The Maple Heights Library is
located at 5225 Library Ln. To
register for any of the following
•All Shook Up! Saturday, Jan. programs, call 216-475-5000.
10, 2-3 p.m. Students in grades K5 will celebrate Elvis "The King" •Access to Education, ThursPresley's birthday! Enjoy Elvis day, Jan. 8, 10 a.m. to noon. The
themed stories, songs, activities and Educational Opportunity Center
studio fun! Learn about his impact Student Advisers will be available
on music and pop culture. Parents to provide academic advising, help
must fill out a model release form with completing financial aid and
career exploration.
for children in attendance.
•Elephant and Piggie Party,
•Studio Storytime, Monday, Jan. Saturday, Jan. 10, 2:30-3:30 p.m.,
12, 6:45-7:45 p.m. Children and for students in grades K-2. Celfamilies are invited to an interac- ebrate Mo Willems' beloved chartive storytime program where they acters Elephant and Piggie (and
become part of the story. Child Pigeon, too!) through stories, dancmust be accompanied by parent/ ing, activities and crafts. Registraguardian to participate.
tion required.
CHILDREN/FAMILIES
WEDNESDAY, JANUARY 7, 2015
PUBLIC NOTICE
VILLAGE OF NEWBURGH HEIGHTS
NOTICE OF AUTOMATED SPEED
ENFORCEMENT PROGRAM
The Village of Newburgh Heights has amended its Automated Speed Enforcement Program to
comply with Ohio Senate Bill 342 signed into law by Governor John Kasich and Ohio Supreme
Court Slip Opinion No. 2014-Ohio-5461. The portions of this ordinance mandated by Ohio Senate
Bill 342 do not become effective until March 15, 2015.
A complete copy of the ordinance, passed on December 30, 2014 is as follows:
ORDINANCE RECORD
VILLAGE OF NEWBURGH HEIGHTS, OHIO
ORDINANCE NO. 2014-66
AN ORDINANCE AMENDING CODIFIED ORDINANCE CHAPTER
315 ENTITLED “AUTOMATED SPEED AND TRAFFIC ENFORCEMENT PROGRAM,”
AMENDING THE CIVIL PENALTIES FOR AUTOMATED SPEED VIOLATIONS,
IMPLEMENTING AN ADMINISTRATIVE HEARING PROCESS AND ELIMINATING
THE MEDIATION HEARING PROCESS, AND ESTABLISHING A PLACEMENT FEE
TO BE ADDED FOR ANY EXISTING CITATION PLACED WITH OUTSIDE COUNSEL
FOR LITIGATION AND/OR COLLECTION, AND DECLARING AN EMERGENCY.
WHEREAS, the Village enacted Codified Ordinance Chapter 315 for the purpose of
instituting a program of automated speed enforcement through civil citation;
WHEREAS, the Ohio Legislature recently passed Senate Bill 342 regulating traffic law
photo-monitoring devices and S.B. 342 was signed into law by Governor Kasich;
WHEREAS, the Ohio Supreme Court recently issued its opinion in Walker v. The City of
Toledo, Slip Opinion No. 2014-Ohio-5461, in which the Ohio Supreme Court affirmed its holding
in Mendenhall v. Akron, 117 Ohio St.3d 33, 2008-Ohio-270, 881 N.E.2d 255, that municipalities
have home-rule authority under Article XVIII of the Ohio Constitution to impose civil liability on
traffic violators through an administrative enforcement system, and further held that Ohio
municipalities have home-rule authority to establish administrative proceedings, including
administrative hearings, related to civil enforcement of traffic ordinances;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF
NEWBURGH HEIGHTS, CUYAHOGA COUNTY, OHIO, two-thirds of all the members elected
thereto concurring, that:
Section 1. The Village hereby amends Codified Ordinance Section 315.01 to read in its
entirety as follows:
315.01 TITLE, PURPOSE AND OBJECTIVES.
As used in this Ordinance, words and phrases are defined as follows:
Definitions.
(a) “Automated speed enforcement program” is a program intended to reduce speeding
violations using an automated speed enforcement system.
(b) “Automated speed enforcement system” is a system with one or more sensors working
in conjunction with a traffic law photo-monitoring device to produce recorded images of motor
vehicles traveling at a prohibited rate of speed.
(c) “Hearing Officer” is the independent third party hearing officer appointed by the Mayor
and who is an active, registered attorney in good standing with the Ohio Supreme Court, other
than a person who is employed by a law enforcement agency as defined in section 109.573 of the
Ohio Revised Code. The Hearing Officer is appointed to conduct administrative hearings on
violations recorded by traffic law photo-monitoring devices.
(d) “Vehicle owner” shall mean a “registered owner” as such term is hereafter defined in this
Section 315.01.
(e) “Motor vehicle” has the same definition as in Village of Newburgh Heights Codified
Ordinance Section 301.20, as amended from time to time.
(f) “Motor vehicle leasing dealer” has the same meaning as in section 4517.01 of the Ohio
Revised Code.
(g) “Motor vehicle renting dealer” has the same meaning as in section 4549.65 of the Ohio
Revised Code.
(h) “Recorded images” means images recorded by an automated speed enforcement system
traffic law photo-monitoring device that show, on at least one image or on a portion of the videotape,
the rear of a motor vehicle and the letters and numerals on the rear license plate of the vehicle, on
any of the following:
(1) Two or more photographs; or
(2) Two or more microphotographs; or
(3) Two or more electronic images; or
(4) Two or more digital images; or
(5) Videotape or video recording.
(i) “Date of issuance of notice of liability” shall be the date printed on the notice of liability
immediately prior to its mailing.
(j) “Traffic law photo-monitoring device” means an electronic system consisting of
photographic, video or electronic camera and a means of sensing the presence of a motor vehicle
that automatically produces recorded images.
(k) “Traffic law violation” means either of the following:
(1) A violation of section 4511.12 of the Revised Code based on the failure to comply
with section 4511.13 of the Revised Code or a substantially equivalent municipal
ordinance that occurs at an intersection due to failure to obey a traffic signal;
(2) A violation of section 4511.21 or 4511.211 of the Revised Code or Village of
Newburgh Heights Codified Ordinance Section 333.03 due to failure to observe the
applicable speed limit.
(l) “Registered owner” means all of the following:
(1) Any person or entity identified by the Ohio bureau of motor vehicles or any other
state motor vehicle registration bureau, department, or office as the owner of a motor
vehicle;
(2) The lessee of a motor vehicle under a lease of six months or longer;
(3) The renter of a motor vehicle pursuant to a written rental agreement with a motor
vehicle renting dealer.
(m) “System location” means the approach to an intersection or area of roadway toward
which a traffic law photo-monitoring device is directed and is in operation.
(n) “Law enforcement officer” means a sheriff, deputy sheriff, marshal, deputy marshal,
police officer of a police department of any municipal corporation, police constable of any township,
or police officer of a township or joint police district, who is employed on a permanent, full-time
basis by the Village of Newburgh Heights Police Department.
(o) “Ticket” or “notice of liability” means any traffic ticket, citation, summons, or other
ticket issued in response to an alleged traffic law violation detected by a traffic law photo monitoring
device, that represents a civil violation.
(p) “Chapter” refers to Chapter 315 of the Codified Ordinances of the Village of Newburgh
Heights and includes and encompasses each of the codified ordinances set forth therein as amended.
315.02 GENERAL.
(a) Notwithstanding any other provision of the traffic code ordinances of the Village of
Newburgh Heights, the Village hereby adopts a civil enforcement program for automated
speed enforcement system violations as outlined in this Chapter. This program imposes
monetary liability on the registered owner of a vehicle for failure of an operator thereof to
strictly comply with the posted speed limit in school zones or streets or highways within the
Village of Newburgh Heights. The imposition of liability under this Chapter shall not be
deemed a conviction for any purpose and shall not be made part of the operating record of
any person upon whom the liability is imposed.
(b) The Chief of Police shall be responsible for administering the automated speed
enforcement program. Specifically, the Chief of Police shall be empowered to deploy and
operate the automated speed enforcement system within the Village of Newburgh Heights.
(c) Any citation for an automated speed system violation pursuant to this section, known as
a “notice of liability” shall:
(1) Be approved by a law enforcement officer of the Village of Newburgh Heights
Police Department who shall (a) examine evidence of an alleged violation recorded by
the automated speed enforcement system to determine whether a speeding infraction
has occurred, and (b) determine whether the recorded images in connection with an
alleged violation shows an infraction, contains a date and time of the alleged violation,
shows the letters and numerals on the vehicle’s license plate and shows the state in
which the license plate was issued.
(2) Be forwarded by first-class mail or personal service to the registered owner’s address
as given on the state’s motor vehicle registration.
(3) Clearly state the manner in which the violation may be appealed.
(4) Comply with any state law requirement that a local authority shall use a traffic law
photo-monitoring device 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.
315.03 OFFENSE
(a)The vehicle owner shall be liable for a penalty imposed pursuant to this section if such
vehicle is operated at a speed in excess of those set forth in Section 333.03 of the Codified
Ordinances of the Village of Newburgh Heights, Ohio or Ohio Revised Code Section 4511.21
as each may be amended from time to time, provided that:
(1) For a system location that is located within a school zone or within the boundaries
of a state or local park or recreation area, the Village shall not issue a violation as
described in this Chapter using an automated speed enforcement system unless the
vehicle involved in the violation is traveling at least six miles per hour over the posted
speed limit.
(2) For a system location that is located within any other location than those described
in Section 315.03(a)(1) above, the Village shall not issue a violation as described in
this Chapter using an automated speed enforcement system unless the vehicle involved
in the violation is traveling at least ten miles per hour over the posted speed limit.
(b) A person or entity who receives a notice of liability or ticket for a civil violation shall
elect to do one of the following:
(1) In accordance with the instructions on the notice of liability, pay the civil penalty,
thereby failing to contest liability and waiving the opportunity to contest the violation;
(2) (i) Within thirty days after receipt of the notice of liability, provide the Village of
Newburgh Heights Police Department with either of the following affidavits:
(A) An affidavit executed by the registered owner stating that another person
was operating the vehicle of the registered owner at the time of the violation,
identifying that person as a designated party who may be held liable for the
violation, and containing at a minimum the name and address of the designated
party; or
(B) An affidavit by the vehicle owner stating that at the time of the violation, the
motor vehicle or the license plates of the motor vehicle involved were stolen or
THE NEIGHBORHOOD NEWS
were in the care, custody, and control of some person who did not have the owner’s
permission to use the motor vehicle, or that the motor vehicle or license plates of
the motor vehicle were stolen before the violation occurred and were not under
the control or possession of the owner at the time of the violation. In order to
demonstrate that the motor vehicle or license plates were stolen before the violation
occurred and were not under the control or possession of the vehicle owner at the
time of the violation, the vehicle owner must submit proof that a police report,
incident report/general offense report about the stolen motor vehicle or license
plates was filed prior to the violation or within 48 hours after the violation occurred.
(ii) A registered owner is not responsible for a traffic law violation if, within thirty days after
the date of mailing of the notice of liability, the registered owner furnishes an affidavit specified
in Section 315.03(b)(2)(i)(A) or (B) to the Village in a form established by the Village and the
following conditions are met:
(A) If the registered owner submits an affidavit as specified in section
315.03(b)(2)(i)(A) of this section, the designated party either accepts liability for
the violation by paying the civil penalty or failing to request an administrative
hearing within thirty days or is determined liable in an administrative hearing;
(B) If the registered owner submits an affidavit as specified in section
315.03(b)(2)(i)(B) of this section, the affidavit is supported by a stolen vehicle or
stolen license plate report as required in that division;
(C) If the registered owner is a motor vehicle leasing dealer or a motor vehicle
renting dealer, notify the Village of Newburgh Heights Police Department of the
name and address of the lessee or renter of the motor vehicle at the time of the
traffic law violation. A motor vehicle leasing dealer or motor vehicle renting
dealer who receives a ticket for an alleged traffic law violation detected by a
traffic law photo-monitoring device is not liable for a ticket issued for a motor
vehicle that was in the care, custody, or control of a lessee or renter at the time of
the alleged violation. The dealer shall not pay such a ticket or notice of liability
and subsequently attempt to collect a fee or assess the lessee or renter a charge for
any payment of such a ticket made on behalf of the lessee or renter.
(D) If the vehicle involved in the traffic law violation is a commercial motor
vehicle and the notice of liability is issued to a corporate entity, provide to the
Village of Newburgh Heights Police Department an affidavit, sworn to or affirmed
by an agent of the corporate entity, that provides the name and address of the
employee who was operating the motor vehicle at the time of the alleged violation
and who is the designated party.
(E) Contest the ticket by filing a written request for an administrative hearing to
review the notice of liability. The person or entity shall file the written request not
later than thirty days after receipt of the notice of liability. The failure to request
a hearing within this time period constitutes a waiver of the right to contest the
violation and notice of liability, and is deemed to constitute an admission of liability
and waiver of the opportunity to contest the violation.
(c) In the event that the Village and/or the Village of Newburgh Heights Police Department
receives from a registered owner an affidavit described in 315.03(b)(2)(i)(A) or (B) or a
notice described in 315.03(b)(2)(i)(D) hereof, the Village may proceed to send a notice of
liability that conforms with Section 315.04 to the designated party. The Village shall send the
notice of liability to the designated party not later than twenty-one days after receipt of the
affidavit or notification.
(d) A certified copy of the notice of liability alleging the violation of this Ordinance occurred,
sworn to or affirmed by a law enforcement officer of the Village of Newburgh Heights Police
Department, with the recorded images produced by an automated speed enforcement system
photographic system shall be prima facie evidence of the facts contained therein and shall be
admissible in a proceeding alleging a violation under this Ordinance.
(e) Exception for emergency or public safety vehicles:
The provisions of this Ordinance shall not apply to emergency vehicles or public safety vehicles
when those vehicles are responding to emergency or call for emergency service.
315.04 NOTICE OF LIABILITY
(a) The notice of liability shall be processed by the Village of Newburgh Heights or its
designee and shall be served by ordinary mail to the owner’s address as given on the motor
vehicle registration from the Bureau of Motor Vehicles, or its equivalent, of the state in which
it is registered. The notice of liability shall include:
(1) The name and address of the registered owner;
(2) The letters and numerals appearing on the license plate issued to the motor vehicle;
(3) The traffic law violation charged;
(4) The system location;
(5) The date and time of the violation;
(6) A copy of the recorded image(s);
(7) The amount of the civil penalty imposed and the date by which the civil penalty should be
paid and the address to which payment is to be sent;
(8) Information advising the person alleged to be liable of the options as provided in Section
315.03(b) of this Ordinance;
(9) Information advising the person or entity alleged to be liable of the options prescribed in
Ohio Revised Code Section 4511.098 and Village of Newburgh Heights Codified Ordinances
Sections 315.03 and 315.07, specifically to include the time, place and manner in which an
administrative appeal may be initiated and the procedure for disclaiming liability by submitting
an affidavit as prescribed in any of those sections;
(10) The date of issuance of the notice of liability;
(11) The name and badge number of the law enforcement officer who was present at the
system location at the time of the violation;
(12) A statement signed by a law enforcement officer employed by the Village of Newburgh
Heights indicating that, based on an inspection of recorded images, the motor vehicle was
involved in a traffic law violation, and a statement indicating that the recorded images are
prima facie evidence of that traffic law violation, both of which may be signed electronically;
(13) A warning that failure to exercise one of the options prescribed in Ohio Revised Code
Section 4511.098 or Village of Newburgh Heights Codified Ordinances Sections 315.03 or
315.07 is deemed to be an admission of liability and waiver of the opportunity to contest the
violation.
(b) A notice of liability issued under this Ordinance shall be mailed no later than thirty (30)
calendar days after the alleged violation.
(c) Except as provided under Section 315.03(b) of this Ordinance, the Village of Newburgh
Heights or its designee may not mail a notice of liability to a person who is not the registered
owner.
(d) It is prima facie evidence that the person registered as the owner of the vehicle with the
Ohio Bureau of Motor Vehicles (or with any other applicable state vehicle registration office)
was operating the vehicle at the time of the offense set out in Section 315.03(a) of this
Ordinance. This evidence and presumption may be rebutted in accordance with Section
315.03(b) or 315.07 of this Chapter of the Codified Ordinances of the Village of Newburgh
Heights.
(e) Nothing in this Section shall be construed to limit the liability of an owner of a vehicle for
any violation of Section 315.03 of this Ordinance.
315.05 CIVIL PENALTIES
(a) Unless the driver of the motor vehicle received a citation from a police officer at the time
of the violation, or unless the exception or defense to liability set forth in Section 315.03(d)
applies, the registered owner or designated party for the motor vehicle is subject to a civil
penalty if the motor vehicle is recorded by an automated speed enforcement system while
being operated in violation of this Chapter.
(b) The civil penalty under this Chapter shall be in accordance with the following schedule:
(1) (i) Penalties for traffic law violations occurring within any other location than those
described in Section 315.03(a)(1) shall be assessed as follows, according to the degree of the
traffic law violation:
Miles Per Hour Over Speed Limit
Amount of Penalty
10-19
$150.00
20-29
$200.00
30 or more
$300.00
within a school zone or within the boundaries of a state or local park or recreation area
Miles Per Hour Over Speed Limit
Amount of Penalty
6-19
$150.00
20-29
$200.00
30 or more
$300.00
(2) If the civil penalty is paid more than thirty (30) calendar days, but within forty five (45)
calendar days after date of issuance of the notice of liability, an additional late fee of twentyfive dollars ($25.00) shall be added to the amount of the civil penalty;
(3) If the civil penalty is paid more than forty five (45) calendar days of the date of issuance
of the notice of liability, an additional late fee of eighty dollars ($80.00) shall be added to the
amount of the civil penalty;
(4) In addition to any civil penalty and any additional late fee, any and all costs or expenses
incurred by the Village in connection with the placement of a traffic law violation ticket or
notice of liability issued hereunder with outside counsel for litigation or collection thereof
shall be assessed against the person or entity found to be liable hereunder.
(5) In addition to any civil penalty and any additional late fee, any and all costs or expenses
incurred by the Village in collecting any amount owed hereunder shall be assessed against the
person or entity found to be liable hereunder.
(6) The failure to respond to a notice of liability in a timely fashion as set forth in this ordinance
shall constitute a waiver of the right to contest liability for the violation under Section 315.03(b)
of this Chapter.
(7) Persons who choose to pay the civil penalty without appearing before a Hearing Examiner
as set forth in Codified Ordinance Section 315.07 may do so in the manner indicated on the
notice of liability.
(8) A violation for which a civil penalty is imposed under this Ordinance is not a moving
violation for the purpose of assessing points under Ohio Revised Code Section 4507.021 for
minor misdemeanor moving traffic offenses and may not be recorded on the driving record of
the owner or operator of the motor vehicle and shall not be reported to Bureau of Motor
Vehicles, nor shall such a violation be recorded on the driving record of the owner or operator
of the vehicle involved in the violation.
315.06 COLLECTION OF CIVIL PENALTY
If the civil penalty is not paid, the civil penalty imposed under the provisions of this Ordinance
shall be collectable, together with any placement fee, interest and penalties thereon, in any manner
authorized by law including but not limited to administrative hearings or civil suit. In addition to
any other fees or charges authorized by this Ordinance in relation to the commission of a violation
of this Ordinance, a person liable for the penalties established under this Ordinance will be assessed
fees under this Ordinance in an amount equal to the costs of collection of the debt and/or the costs
of placement with any such citation or case with outside counsel hired or retained by the Village for
litigation or collection of any citation or debt hereunder, as set forth in Section 315.05 hereof.
315.07 ADMINISTRATIVE APPEAL HEARING PROCESS
(a) A registered owner or designated party may contest the notice of liability by filing a
written request for an administrative hearing to review the notice of liability with the Village
police department or its designee. A written notice of request for an administrative hearing
PAGE 5
must be received by the Village police department, or its designee, within thirty (30) calendar
days after the date of issuance of the notice of liability. The failure to give notice of request
for an administrative hearing within this time period shall constitute a waiver of the right to
contest the notice of liability. A hearing officer shall conduct administrative hearings.
Administrative hearings shall be held within forty-five (45) business days of the date that
timely request for a hearing is received by the Village or its designee, but not sooner than
twenty-one days from receipt by the Village of such request; this time may be extended
upon a reasonable written request for additional time or upon reasonable notification of the
hearing officer or Village with notice to all parties. The administrative hearing shall be
open to the public, and a hearing schedule shall be posted in a conspicuous place near the
entrance to the hearing room that shall identify, by alleged violator, the administrative hearings
scheduled for that day and the time of each hearing. More than one hearing may be scheduled
for the same time to allow for such things as non-appearances or admissions of liability.
(1) The Hearing Officer shall determine whether a preponderance of evidence establishes
that a traffic law violation occurred and the person requesting the administrative hearing is
the party operating the vehicle at the time of the violation. The hearing officer shall advise
the person or entity on the day of the hearing of the Hearing Officer’s decision.
(i) If the hearing officer finds by a preponderance of the evidence that the alleged
traffic law violation did in fact occur and that the person or entity named in the notice
of liability is the person who was operating the vehicle at the time of the violation, the
hearing officer shall issue a written decision imposing liability for the violation upon
the individual or entity and submit it to the Village of Newburgh Heights or its designee
and the person or entity named in the notice of liability.
(ii) If the hearing officer finds by a preponderance of the evidence that the alleged
traffic law violation did not occur or did in fact occur but the person or entity named
in the notice of liability is not the person who was operating the vehicle at the time of
the violation, the hearing officer shall issue a written decision finding that the individual
or entity is not liable for the violation and submit it to the Village of Newburgh Heights
or its designee and the person or entity named in the notice of liability.
(iii) If the person who requested the administrative hearing or a representative of the
entity that requested the hearing fails to appear at the hearing, the hearing officer shall
determine that the person or entity is liable for the violation. In such a case, the
hearing officer shall issue a written decision imposing liability for the violation upon
the individual or entity and submit it to the local authority or its designee and the
person or entity named in the notice of liability.
(b) If the registered owner or designated party chooses to contest the notice of liability, the
Hearing Officer may consider any of the following as an affirmative defense to a violation
upon the defense being established by a preponderance of the evidence by the registered
owner or responsible party:
(1) That the motor vehicle or license plates of the motor vehicle were stolen before the
violation occurred and were not under control or possession of the registered owner at
the time of the traffic law violation. In order to demonstrate that the motor vehicle or
license plates were stolen before the traffic law violation occurred and were not under
the control or possession of the registered owner at the time of the traffic law violation,
the owner must submit proof that a police report about the stolen motor vehicle or
license plates was filed prior to the traffic law violation or within 48 hours after the
traffic law violation occurred.
(2) That the motor vehicle was under the custody and/or control of another person at
the time of the violation. In order to establish this, the owner or responsible person
must provide the name and address of the person who had custody and/or control of
the motor vehicle at the time of the traffic law violation.
(3) That this section is unenforceable because the recorded image is not legible enough
to determine the information needed.
(4) Evidence, other than that adduced pursuant to Section 315.07(b)(1) of this
Ordinance, that the registered owner or person named in the notice of liability was not
operating the motor vehicle at the time of the violation. To satisfy the evidentiary
burden under this subsection, the owner or person named in the notice of liability
shall provide to the Hearing Officer evidence showing the identity of the person who
was operating the motor vehicle at the time of the traffic law violation, including, but
not limited to, the operator’s name and current address, and any other evidence the
Hearing Officer deems pertinent.
(5) That the motor vehicle operator was yielding the right-of-way to an emergency
vehicle in accordance with Ohio law, or to a funeral procession.
(6) That the vehicle passed through the intersection in order to yield the right-of-way
to either of the following: (i) a public safety vehicle or coroner’s vehicle in accordance
with section 4511.45 of the Ohio Revised Code; or (ii) a funeral procession in
accordance with Section 4511.451 of the Ohio Revised Code.
(7) At the time and place of the alleged traffic law violation, the traffic control signal
was not operating properly or the traffic law photo-monitoring device was not in proper
position and the recorded image is not of sufficient legibility to enable an accurate
determination of the information necessary to impose liability.
(8) That under consideration of the totality of the circumstances the person or entity
named in the notice of liability is not liable.
(c) If the Hearing Officer finds that the person or entity named in the notice of liability was
not operating the motor vehicle at the time of the violation or receives evidence under
Section 315.07(b)(4) identifying the designated party, the Hearing Officer shall provide it
to the Village of Newburgh Heights or its designee within five (5) calendar days, along with
a copy of any evidence substantiating who was operating the motor vehicle at the time of
the traffic law violation.
(1) Upon receipt of evidence of the responsible party pursuant to this Section or
pursuant to Section 315.03(b), the Village of Newburgh Heights or its designee may
issue a notice of liability, with the name and address of the designated party and the
information required by Section 315.04 of this Chapter, to the person that the evidence
indicates was operating the motor vehicle at the time of the violation.
(2) A notice of liability issued under this Section 315.07(c), shall be sent by the Village
of Newburgh Heights or its designee by ordinary mail no later than twenty-one (21)
business days after the receipt of the evidence from the Hearing Officer. The content
of a notice of liability issued under this subsection shall be the same as set forth in
division (a) of Section 315.04 of this Chapter.
(3) If a designated party who was issued a notice of liability under Section 315.07(c)
hereof contests the ticket by filing a written request for an administrative hearing to
review the notice of liability not later than thirty days after receipt of the notice of
liability, the Village of Newburgh Heights shall require the registered owner of the
motor vehicle also to attend the hearing. If at the hearing involving the designated
party the hearing officer cannot determine the identity of the operator of the vehicle at
the time of the violation, the registered owner is liable for the violation. The hearing
officer then shall issue a written decision imposing liability for the violation on the
registered owner and submit it to the local authority or its designee and to the registered
owner. If the designated party also is a registered owner of the vehicle, liability for the
violation shall follow the order of registered owners as listed on the title to the vehicle.
(d) A person who is named in a notice of liability for a civil violation may assert a testimonial
privilege in accordance with division (D) of section 2317.02 of the Ohio Revised Code.
(e) A person or entity may appeal a written decision rendered by a hearing officer under this
section to the municipal court or county court with jurisdiction over the location where the
violation occurred.
315.08 CALIBRATION
The manufacturer or operator of the automated speed enforcement system used by the Village,
or an independent calibration laboratory, shall calibrate said device before it is used by the Village.
The manufacturer or operator of the automated speed enforcement system shall certify to the
accuracy of each traffic law photo-monitoring device in accordance with applicable federal law,
if any. For each traffic law photo-monitoring device that is considered mobile or portable, meaning
it is attached to a trailer, vehicle, or other apparatus that is easily transported to different system
locations, the Village shall perform or cause to be performed a system self-test and calibration
verification of said traffic law photo-monitoring device in accordance with the manufacturer’s
specifications prior to its use at each system location. For each device that is considered mobile
or portable, meaning it is attached to a trailer, vehicle or other apparatus that is easily transported
to different system locations, the Village police department or its designee shall clearly and
conspicuously mark on the outside of the trailer, vehicle, or apparatus that contains the traffic law
photo-monitoring device that the device is the property or under the control of the Village.
315.09 SIGNS
The Village Service Department shall erect signs on every highway, which is not a freeway,
that is part of the state highway system and that enters into the Village and at each fixed system
location. The signs shall inform inbound traffic that the Village utilizes traffic law photo-monitoring
devices to enforce traffic laws. The signs shall be erected within the first three hundred feet of the
boundary of the Village and any fixed system location or, if the signs cannot be located within the
first three hundred feet of the boundary of the Village or a fixed system location, as close to that
distance as possible, in accordance with Ohio Revised Code Chapter 4511.094.
Section 2. The Village shall assess any and all costs and fees incurred by or charged to the
Village in connection with the placement with outside counsel for litigation or collection of any
citation issued under the Village’s automated speed enforcement program, whether any such
citation was issued before or after the effective date of this ordinance.
Section 3. If any section, subsection, paragraph, clause or provision or any part thereof of
this Ordinance or of the proposed codified ordinances shall be finally adjudicated by a court of
competent jurisdiction to be invalid, the remainder of this Ordinance and/or the codified ordinances
shall be unaffected by such adjudication and all the remaining provisions of this Ordinance shall
remain in full force and effect as though such section, subsection, paragraph, clause or provision
or any part thereof so adjudicated to be invalid had not, to the extent of such invalidity, been
included herein.
Section 4. Existing Codified Ordinance Chapter 315 is hereby amended in its entirety.
Notwithstanding the foregoing, any notice of liability issued by the Village in connection with its
automated speed enforcement program prior to the effective date hereof are deemed valid notices
of liability and shall be construed and adjudicated in accordance with the codified ordinances in
effect at the time of the occurrence of the violation with respect to which any notice of liability is
issued.
Section 5. That it is found and determined that all formal actions of this Council concerning
and relating to the passage of this Ordinance were taken in conformance with applicable open
meetings laws and that all deliberations of this Council and of any committees that resulted in
those formal actions were in compliance with all legal requirements including any applicable
open meetings requirements.
Section 6. This Ordinance is hereby determined to be an emergency measure necessary for
the immediate preservation of the public peace, health, safety and welfare of the Village and its
residents, the emergency being the need to modify the Village’s automated speed enforcement
program to reflect the changes instituted by passage by the Ohio Legislature of Senate Bill 342.
Therefore, provided it receives two-thirds (2/3) of the vote of all members of Council elected
thereto, said Ordinance shall be in full force and effect immediately upon its adoption by the
Council and approval by the Mayor, otherwise from and after the earliest period allowed by law.
Joanne Clapp, Fiscal Officer
N.N 1/7/15
WEDNESDAY, JANUARY 7, 2015
THE NEIGHBORHOOD NEWS
from 6-7 p.m. The cost for residents is $40; nonresidents, $72.
Rental skates are included at no
dents. Registrations will be ac- additional fee.
cepted after the deadline but are
subject to a $15 late fee. The fee
for residents is $30; nonresidents,
$60.
Ampol Club dinners are $7.50
Coaches are always needed. Call each and are served each Wednesthe Recreation Department Com- day at the Ampol Hall, 4737 Pearl
missioner, Kevin Koelliker, at 216- Rd., Cleveland, from 5 to 7 p.m.,
244-6077 if interested.
with music from 7 to 10 p.m.
Admission is $5 if you are staying
Learn to Skate
for the music. Reservations are
Registration for Session 3 of the needed for the Wednesday dinLearn to Skate Program will be ners, catered by Bonnie's Caterheld until Sunday, Jan. 18, for the ing, by calling Ron Smotek at
final eight-week session. Registra- 216-581-4362. Duck dinners are
tions will be taken after January 18 also available on Wednesdays for
with a $15 late fee.
$11 each, but must be reserved
Classes will be held Tuesdays by 9 a.m. Tuesdays.
from 5:30-6 p.m. or Wednesdays Menu and entertainment for
Garfield Hts. Rec Center news
The following programs will be
offered by the Dan Kostel Recreation Center, 5411 Turney Rd.,
Garfield Heights. ID cards are required for participation and cost
$10 for residents, and $35 for nonresidents. Call 216-475-7272 or
visit www.garfieldhts.org for more
information.
Futsal
Registration for the Garfield
Heights co-ed futsal program (indoor soccer) is ongoing through
January 17. The program is for
children ages 5 to 14.
A copy of the child's birth certificate is required for all players at
the time of registration, as well as
two proofs of residency for resi-
Ampol Hall news
January include: January 7- roast
pork, dumplings and kraut dinner; music by Polka Revolution.
January 14- chicken paprikash,
dumplings and veggie dinner;
music by Patty Candala. January
21- wienerschnitzel, cheesy potatoes and sweet/sour cabbage; music by John Pastirik. January 28Swedish meatballs over noodles,
with veggie; music by Polka Pirates.
Also, tune in to Joe Kocab's radio
show every Sunday on WHK Radio
1220 AM from 3 to 5 p.m.!
Free meals in S.V.
PAGE 6
Thursday from 4 to 5:30 p.m.
The menu varies and all are welcome. The next meal will be
served January 8.
Our Lady of Lourdes
Our Lady of Lourdes Parish, 3395
East 53rd St., Cleveland, serves
free hot meals the last Thursday of
each month at 5:30 p.m. in the
school cafeteria. All are welcome.
Call 216-641-2829 for more details. The next meal will be served
Thursday, Jan. 29.
University Settlement
University Settlement, 4800
Broadway Ave., Cleveland, hosts
Holy Name
free weekly community meals evFree hot meals are served at ery Tuesday, from 6-7 p.m. The
Holy Name Church in the parish next meal will be served January
hall, 8328 Broadway Ave., each 13. Call 216-641-8948.
Block watch
East 63rd St.
The East 63rd St. Block Club will
meet Thursday, Jan. 8, at 7 p.m. in
the basement of St. Stanislaus School,
6615 Forman Ave., Cleveland.
Light refreshments; 50/50 raffle.
Food Pantry
A nonperishable Food Pantry will
be open every Sunday from 12:301:30 p.m. at Community Friends
Church, 4509 Warner Rd. in Cleveland. Each person is permitted to
come once per month. A current
photo ID is required. The pantry
will be closed when there is a fifth
Sunday of the month.