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20000926 2000-19ORDINANCE NO. 2000- 19 AN ORDINANCE AMENDING AND REENACTING SECTION 13-26.2, ARTICLE 1, CHAPTER 13, OF THE CODE OF THE CITY OF FAIR.FAX, VIRGINIA, CONCERNING THE DEMONSTRATION PROGRAM FOR TRAFFIC LIGHT SIGNAL VIOLATION MONITORING SYSTEM BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Section 13- 26.2, of Article 1, Chapter 13 of the Code of the City of Fairfax is hereby amended and reenacted in its entirety to read as follows: Use of photo-monitoring systems to enforce traffic light signals; penalty. A. The governing body of any city having a population of more than 390,000, any city having a population of at least 200,000 but less than 225,000, any county having the urban county executive form of government, any county adjacent to such county, and any city or town adjacent to or surrounded by such county except any county having the county executive form of government and the cities surrounded by such county may provide by ordinance for the establishment of a demonstration program imposing monetary liability on the operator of a motor vehicle for failure to comply with traffic light signals in such locality in accordance with the provisions of this section. Each such locality may install and operate traffic light signal photo monitoring systems at no more than 25 intersections within each locality at any one time. B. The operator of a vehicle shall be liable for a monetary penalty imposed pursuant to this section if such vehicle is found, as evidenced by information obtained from a traffic light signal violation monitoring system, to have failed to comply with a traffic light signal within the City of Fairfax. C. Proof of a violation of this section shall be evidenced by information obtained from a traffic light signal violation monitoring system authorized pursuant to Section 46.2- 833.01 of the Code of Virginia (1950 as amended). A certificate, sworn to or affirmed by a technician employed by the City of Fairfax authorized to impose penalties pursuant to this section, or a facsimile thereof, based upon inspection of photographs, microphotographs, videotape, or other recorded images produced by a traffic light signal violation monitoring system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotape, or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation pursuant to this section. D. In the prosecution of an offense established under this section, prima facie evidence that the vehicle described in the summons issued pursuant to this section was operated in violation of this section, together with proof that the defendant was at the time of such violation the owner, lessee, or renter of the vehicle, shall constitute in evidence a rebuttable presumption that such owner, lessee, or renter of the vehicle was the person who committed the violation. Such presumption shall be rebutted if the owner, lessee, or renter of the vehicle (i) files an affidavit by regular mail with the Clerk of the General District Court for the City of Fairfax that he or she was not the operator of the vehicle at the time of the alleged violation or (ii) testifies in the General District Court for the City of Fairfax, under oath that he or she was not the operator of the vehicle at the time of the alleged violation. Such presumption shall also be rebutted if a certified copy of a police report, showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation of this section, is presented, prior to the return date established on the summons issued pursuant to this section, to the General District Court for the City of Fairfax adjudicating the alleged violation. 2000-19 -2 E. For purposes of this section, "owner" means the registered owner of such vehicle on record with the Department of Motor Vehicles. For purposes of this section, "traffic light signal violation monitoring system" means a vehicle sensor installed to work in conjunction with a traffic light that automatically produces two or more photographs, two or more microphotographs, a videotape, or other recorded images of each vehicle at the time it is used or operated in violation of Sections 46.2-833: 46.2-835; or 46.2-836 of the Code of Virginia (1950 ..as amended) which are incorporated by reference in Fairfax Ci.ty Ordinance Section 13-1, Artick~. 1, Chapter 13. of the Code of the Ci_ty of Fairfax, Virginia. For each such vehicle, at least one recorded image shall be of the vehicle before it has illegally entered the intersection, and at least one recorded image shall be of the same vehicle after it has illegally entered that intersection. F. Imposition of a penalty pursuant to this section shall not be deemed a conviction as an operator and shall not be made a part of the operating record of the person upon whom such liability is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage. No monetary penalty imposed pursuant to this section shall exceed $50.00 nor shall it include court costs. G. A summons for a violation of this section may be executed pursuant to Section 19.2-76.2 of the Code of Virginia (1950 as amended). Notwithstanding the provisions of Section 19.2-76 of the Code of Virginia (1950 as amended), the summons for a violation of this section may be executed by mailing by first class mail a copy thereof to the address of the owner, lessee, or renter of the vehicle as shown, in the case of vehicle owners, in the records of the Department of Motor Vehicles or, in the case of the vehicle lessees or renters, in the records of the lessee or renter. Every such mailing shall include, in addition to the summons, a notice of (i) the summoned person's ability to rebut the presumption that he was the operator of the vehicle at the time of the alleged violation through the filing of an affidavit as provided in subsection D of this section and (ii) instructions for filing such affidavit, including the address to which the affidavit is to be sent. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, the summons shall be executed in the manner set out in Section 19.2-76.3 of the Code of Virginia (1950 as amended). No proceedings for contempt or arrest of a person summoned by mailing shall be instituted for failure to appear on the return date of the summons. H. In any action m law brought by any person or entity as the result of personal injury or death or damage to property, such evidence derived from a photo monitoring system shall be admissible in the same method prescribed as required in the prosecution of an offense established under this section without the requirements of authentication, as otherwise required by law. I. On behalf of a City of Fairfax, a private entity may not obtain records regarding the registered owners of vehicles which fail to comply with traffic light signals. A private entity may enter into an agreement with the City of Fairfax to be compensated for providing the traffic light signal violation monitoring system or equipment, and all related support services, to include consulting, operations and administration. However, only an employee of the City of Fairfax may swear to or affirm the certificate required by subsection C. J. The provisions of this section shall expire on July 1, 2005. 2000-19 -3 This ordinance shall be effective at 12:01 a.m. on October 1, 2000. INTRODUCED: September 12, 2000 PUBLIC HEARING: September 26, 2000 ADOPTED: September 26, 2000 The vote on the motion to adopt the ordinance was recorded as follows: Councilman Coughlan Councilman Greenfield Councilman Lederer Councilman Petersen Councilman Rasmussen Councilman Silverthorne Vote Aye Aye Aye Aye Aye Aye Mayor ATTEST: