2021-04ORDINANCE NO.2021-04
AN ORDINANCE AMENDING CHAPTER 98 (TRAFFIC AND VEHICLES), ARTICLE I
(IN GENERAL), OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, TO ADD
THERETO A NEW SECTION 98-22, PERTAINING TO THE USE OF PHOTO SPEED
MONITORING DEVICES IN HIGHWAY WORK ZONES AND SCHOOL CROSSING
ZONES, AND TO RENUMBER THE EXISTING SECTION 98-22 PERTAINING TO
COMPLIANCE WITH THE PROVISIONS OF THE CHAPTER.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 98,
Article I, of the Code of the City of Fairfax, Virginia, be and the same is amended to add thereto a
new Section 98-22, pertaining to the use of photo speed monitoring devices in highway work zones
and school crossing zones, to read in its entirety as follows:
"Sec. 98-22. — Use of photo speed monitoring devices in highway work zones and school
crossing zones; penalty.
(a) For purposes of this section, "highway work zone" has the same meaning ascribed to it in
Code of Virginia, § 46.2-878.1. "Photo speed monitoring device" means equipment that uses
radar or LIDAR-based speed detection and produces one or more photographs,
microphotographs, videotapes, or other recorded images of vehicles. "School crossing zone"
has the same meaning ascribed to it in Code of Virginia, § 46.2-873.
(b) The city police department may install and operate photo speed monitoring devices, within
the municipal boundaries of the city, in school crossing zones for the purposes of recording
violations of Code of Virginia, § 46.2-873 and in highway work zones for the purposes of
recording violations of Code of Virginia, § 46.2-878.1.
(c) The operator of a vehicle shall be liable for a monetary civil penalty imposed pursuant to this
section if such vehicle is found, as evidenced by information obtained from a photo speed
monitoring device, to be traveling at speeds of at least twelve (12) miles per hour above the
posted school crossing zone or highway work zone speed limit within such school crossing
zone or highway work zone, while such zone is active. Such civil penalties shall be imposed
on a graduated basis: (i) for speeds at least twelve (12) but not greater than fifteen (15) miles
per hour above the posted speed limit, the civil penalty shall be fifty dollars ($50.00); (ii) for
speeds at least sixteen (16) but not greater than nineteen (19 miles per hour above the posted
speed limit, the civil penalty shall be seventy-five dollars ($75.00); (iii) for speeds at least
twenty (20) miles over the posted speed limit, the civil penalty shall be one hundred dollars
($100.00). Any prosecution under this section shall be instituted and conducted in the same
manner as prosecution for traffic infractions. Civil penalties collected under this section
resulting from a summons issued by a city police officer shall be paid to the city.
(d) If a photo speed monitoring device is used, proof of a violation of Code of Virginia, § 46.2-
873 or 46.2-878.1 shall be evidenced by information obtained from such device. A
certificate, or a facsimile thereof, sworn to or affirmed by a law enforcement officer
employed by the city authorized to impose penalties pursuant to this section, based upon
inspection of photographs, microphotographs, videotapes, or other recorded images produced
by a photo speed monitoring device, shall be prima facie evidence of the facts contained
therein. Any photographs, microphotographs, videotapes, or other recorded images
evidencing such a violation shall be available for inspection in any proceeding to adjudicate
the liability for such violation of Code of Virginia, § 46.2-873 or 46.2-878.1.
(e) In the prosecution for a violation of Code of Virginia, § 46.2-873 or 46.2-878.1 in which a
summons was issued by mail, prima facie evidence that the vehicle described in the summons
issued pursuant to this section was operated in violation of Code of Virginia, § 46.2-873 or
46.2-878.1, 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 that he was not
the operator of the vehicle at the time of the alleged violation and provides the name and
address of the person who was operating 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 and provides the name and address of the person who was operating 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 Code of Virginia, § 46.2-873 or 46.2-878.1,
is presented, prior to the return date established on the summons issued pursuant to this
section, to the general district court for the city adjudicating the alleged violation.
(f) Imposition of a civil penalty pursuant to this section by mailing a summons 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. However, if a law enforcement officer
employed by the city uses a photo speed monitoring device to record a violation of Code of
Virginia, § 46.2-873 or 46.2-878.1 and personally issues a summons at the time of the
violation, the conviction that results shall be made a part of such driver's driving record and
used for insurance purposes in the provision of motor vehicle insurance coverage.
(g) A summons for a violation of Code of Virginia, § 46.2-873 or 46.2-878.1 issued by mail
pursuant to this section may be executed pursuant to Code of Virginia, § 19.2-76.2.
Notwithstanding the provisions of Code of Virginia, § 19.2-76, a summons issued by mail
pursuant to 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. In the case of a vehicle owner, the copy
shall be mailed to the address contained in the records of or accessible to the department of
motor vehicles. In the case of a vehicle lessee or renter, the copy shall be mailed to the
address contained 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 above 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 Code of Virginia, § 19.2-76.3. 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. If the summons is issued to an owner,
lessee, or renter of a vehicle with a registration outside the commonwealth and such person
fails to appear on the date of return set out in the summons mailed pursuant to this section,
the summons will be eligible for all legal collections activities. Any summons executed
pursuant to and for a violation of Code of Virginia, § 46.2-873 or 46.2-878.1 issued pursuant
to this section shall provide to the person summoned at least thirty (30) days following the
mailing of the summons to inspect information collected by a photo speed monitoring device
in connection with the violation. If the city police department does not execute a summons
for a violation of Code of Virginia, § 46.2-873 or 46.2-878.1 issued pursuant to this section
within thirty (30) days following the date of the violation, all information collected pertaining
to the suspected violation shall be purged within sixty (60) days following the date of the
violation.
(h) A private vendor may enter into an agreement with the city police department to be
compensated for providing a photo speed monitoring device and all related support services,
including consulting, operations and administration. However, only a law enforcement
officer may swear to or affirm the certificate required by this section. Any such agreement for
compensation shall be based on the value of the goods and services provided, not on the
number of violations paid or monetary penalties imposed. Any private entity contracting with
a law enforcement agency pursuant to this section may enter into an agreement with the
department of motor vehicles, in accordance with the provisions of subdivision B 31 of Code
of Virginia, § 46.2-208, to obtain vehicle owner information regarding the registered owners
of vehicles that committed a violation of Code of Virginia, § 46.2-873 or 46.2-878.1. Any
such information provided to such private vendor shall be protected in a database.
(i) Information collected by a photo speed monitoring device operated pursuant to this section
shall be limited exclusively to that information that is necessary for the enforcement of
school crossing zone and highway work zone speeding violations. Information provided to
the operator of photo speed monitoring device shall be protected in a database and used only
for enforcement against individuals who violate this section or Code of Virginia, § 46.2-873
or 46.2-878.1. Notwithstanding any other provision of law, all photographs,
microphotographs, videotapes, or other personal information collected by a photo speed
monitoring device shall be used exclusively for enforcing school crossing zone and highway
work zone speed limits and shall not be (i) open to the public; (ii) sold or used for sales,
solicitation, or marketing purposes; (iii) disclosed to any other entity except as may be
necessary for the enforcement of school crossing zone and highway work zone speed limits
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or to a vehicle owner or operator as part of a challenge to the violation; or (iv) be used in a
court in a pending action or proceeding unless the action or proceeding relates to a violation
of this section or Code of Virginia, § 46.2-873 or 46.2-878.1, or such information is
requested upon order from a court of competent jurisdiction. Information collected under this
section pertaining to a specific violation shall be purged and not retained later than sixty (60)
days after the collection of any civil penalties. The city police department shall annually
certify compliance with this section and make all records pertaining to such system available
for inspection and audit by the commissioner of highways or the commissioner of the
department of motor vehicles or his designee. Any person who discloses personal
information in violation of the provisions of this subsection shall be subject to a civil penalty
of $1,000.00 per disclosure. Any unauthorized use or disclosure of such personal information
shall be grounds for termination of the agreement between the department of motor vehicles
and the private entity.
(j) Conspicuous signs within 1,000 feet of any school crossing zone or highway work zone at
which a photo speed monitoring device is used, indicating the use of the device. There shall
be a rebuttable presumption that such sign was in place at the time of the commission of the
speed limit violation."
BE IT FURTHER ORDAINED, by the City Council, that existing Section 98-22 of the Code
of the City of Fairfax, Virginia (Compliance with chapter; penalty for violation of chapter) is hereby
renumbered in its entirety as Section 98-24, with no other changes.
This Ordinance shall become effective as provided by law.
INTRODUCED: January 26, 2021
PUBLIC HEARING: March 9, 2021
ENACTED: March 9, 2021
ATTEST:
City Clerk
VOTE:
Mayor Meyer
Aye
Councilmember Harmon
Naye
Councilmember Lim
Aye
Councilmember Miller
Aye
Councilmember Ross
Aye
Councilmember Stehle
Aye
Councilmember Yi
Naye
Mayor
Date