Ohio-Valley May Put the Kabash on Traffic Cameras

City Council is poised to introduce a new automated traffic camera ordinance that could clarify any language thrown out in a pending ruling by Jefferson County Common Pleas Judge David Henderson.

Henderson held a four-hour hearing Thursday on a request by attorney Gary Stern and his wife, April, for a permanent injunction stopping the use of the cameras. The city began using the Traffipax portable cameras on Sept. 22, but the practice was halted on Dec. 5 when Henderson issued a preliminary injunction. The cameras were mainly used on Lovers Lane, Ohio 7 and in front of Harding Middle School.

Stern has maintained the city failed to follow its own ordinance by failing to publish notice of locations of the cameras; failing to erect conspicuous signs; and failing to maintain a list of locations to be monitored by the cameras. Stern also has alleged the traffic camera ordinance is unconstitutional because it makes a criminal offense a civil violation and violates the due process rights of the driver by allowing a city police officer to hear appeals of the tickets.

The city, through Assistant Law Director Costa Mastros, has maintained the city can regulate street traffic because it has home-rule authority as a charter city.

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