R-07-01
RESOLUTION NO. R-07-01
A RESOLUTION REQUESTING THE 2007 SESSION OF THE VIRGINIA
GENERAL ASSElVIBLY TO ENACT AN AlVIENDlVIENT TO CHAPTER 2. SECTION
2.9 OF THE CITY CHARTER OF THE CITY OF FAIRFAX::. VIRGINIA.
CONCERNING THE USE OF PHOTO-lVIONITORING SYSTElVIS TO ENFORCE
TRAFFIC LIGHT SIGNALS.
"""I-IEREAS, at a regular meeting of the City Council held on J-anuary 9~ 2007". after
due and proper publication of the notice ofpublic hearing pursuant to Section 15.2-202". Code
of Virginia (1950).. as arn..ended,. vvhich notice contained inter alia an informative summary oT
the proposed amendment to t:he City Charter oTthe City afFairfax,. a public hearing "VVith
respect to such proposed amerldment V\73S held before the City Council i:t~ V'V"hich all citizens so
desiring vvere afforded the opportunity to be heard to determine if the citizens o:tthe City
desire t:hat the City request the General .Assembly to amend its existing Charter in the form
and manner hereinafter referred to and as provided in the aforesaid notice; and
V\7I-IEREAS., upon.. conclusion of such public hearing al."1d upon consideration of the
proposed amendment to such Charter,. the City Council is of the opinion that the 2007 General
Assembly of Virginia should be requested to amend the City Charter as hereinafter set forth.
NO"'. THEREFORE BE IT RESOLVED by the City Council of the City of
Fairfax,. that the General Assembly of Virginia is hereby requested during its 2007 Session to
amend the City Charter or the City or Fairrax. Virginia (the ""City Charter") as fol1ovvs:
Amend Chapter 2,. Section 2.9 orthe City Charter to read in its entirety as follovvs:
Sec. 2.9.
Use oC phot:o-monit:oring syst:ems t:o enCorce t:raCfic light: signals.
A. The city council may provide by ordinance ror the establish.ment or a traffic
sarety program
imposing monetary liability on the operator or a motor vehicle ror failure to comply
v..rith traffic light signals in the city in accordance vvith the provisions or this section.._
B. The operator of a vehicle shall be liable for a monetary civil peI"1alty in"1posed
pursuant to t11.is
section if such vehicle is round,. as evidenced by inTormation obtained from a t.raffic
light signal violation-monitoring system,. Tor railing to comply vvith a traffic light
signal V\/ithin the city.
C. Proof of a violation of this section shall be evidel."1ced by inforITlation obtained
from a traffic light
signal violation-monitoring system authorized p"LlrSUal"1t to this section. A certi ficate.,.
sv..rom to or
affirmed by a technician employed by the city,. or a facsimile tl"1ereor.,. based upon
inspection of
photographs,. microphotographs.,. videotape,. or other recorded images produced by a
trarfic light
signal violation monitoring system,. shall be prima facie evidence orthe facts
contained therein.
Any photographs,. microphotograpl"1s,. videotape,. or other recorded images evidencing
such a
violation shall be available ror inspection in any proceeding to adjudicate the liability
for such violation pursuant to an ordinance adopted pursuant to t.his section.
D. In the prosecut.ion of an offense established pursuant to an ordinance adopted
under the
provisions of this section,. prima facie evidence that the vehicle described in the
summons v..ras
operated in violat.ion of such an ordinance.,. together vvith proof t.hat the defendant Vv'as
at the time
of such violation an 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
that he was
not the operator of the vehicle at the time of the alleged violation or (ii) testifies in
open court
under oath that he 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 court adjudicating the alleged violation.
E. For purposes of this section
"Owner" means a registered owner of such vehicle on record with the Virginia
Department of Motor Vehicles.
"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 :946.2-833,
946.2-835, or 946.2-836 of the state code. 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 monetary penalty pursuant to an ordinance adopted pursuant to
the provisions of this section shall not be deemed a conviction as an operator and shall
not be made 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. Monetary penalties shall be established by City ordinance
adopted pursuant to the provisions of this section.
G. A summons for a violation of this section may be executed pursuant to 919.2-
76.2 of the
state code. Notwithstanding the provisions of 919.2-76 of the state code, a summons
for a violation ofthis 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 Virginia Department of Motor Vehicles
or, in the case of vehicle lessees or renters, in the records of the lessor 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 919.2-76.3 of the state code. 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. 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 a
locality 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 a law enforcement officer ofthe city
may swear to or affirm the certificate required by subsection C.
2. That the City Manager is authorized and directed to forward a certified copy of
this resolution to each member of the Virginia General Assembly representing
the City of Fairfax, Virginia, and to seek the assistance and support of those
members of the General Assembly for this City Charter Amendment.
ADOPTED this 9th day of January, 2007.
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MA R
Attest:
The vote on the motion to approve was recorded as follows:
VOTE:
Councilwoman Cross Aye
Councilman Greenfield Aye
Councilwoman Lyon Aye
Councilman Rasmussen Aye
Councilman Silverthorne Aye
Councilmember Winter Aye