19750204 1975-5 ORDINANCE NO. 1975-5
AN ORDINANCE AMENDING SECTION 13-79
OF THE FAIRFAX CITY CODE
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia that Section 13-79 of the Code of the City of Fairfax be,
and hereby is, amended and reenacted to read in its entirety as
follows:
"Sec. 13-79.
Checking on speed with electrical devices~ ,prima
facie evidence; restrictions on arrest.
"(a) The speed of any motor vehicle may be checked by the
use of radio microwaves or other electrical device. The results
of such checks shall be accepted as prima facie evidence of the
speed of such motor vehicle in any court or legal proceedings
where the speed of the motor vehicle is at issue.
"(b) In any court or legal proceedings in which any question
arises about the calibration or accuracy of any radio microwave
or other electrical device used to check the speed of any motor
vehicle, a certificate, executed and signed by the officers
calibrating or testing such device for its accuracy, and stating
the time of such test, type of test and results of testing when
such certificate is accompanied by a certificate, or a true copy
thereof, showing the calibration or accuracy of the speedometer
of any vehicle employed in calibrating or testing such device,
and when and by whom such speedometer calibration was made, shall
be admissible when attested by one such officer who executed and
signed it as evidence of the facts therein stated and the results
of such testing.
"(c) The driver of any such motor vehicle may be arrested
without a warrant under this section; provided, that the arresting
officer shall be in uniform or display his badge of authority;
provided further, that such officer shall have observed the
registration of the speed of such motor vehicle by the radio
microwaves or other electrical device, or have received a radio
1975-5 ~ ~ -2
message from the officer who observed the speed of the motor
vehicle registered by the radio microwaves or other electrical
device; provided, that in case of an arrest based on such a message
that such radio message shall have been dispatched immediately
after the speed of the motor vehicle was registered and shall
have furnished the license number or other positive identification
of the vehicle and the registered speed to the arresting officer."
This ordinance shall become effective immediately upon its
adoption.
Introduced: January 21, 1975.
Adopted: February 4, 1975.
Attest:
Cit~ ~l'erk