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19970624 1997-10ORDINANCE NO. 1997- 10 AN ORDINANCE AMENDING CHAPTER 13, ARTICLE I, OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, BY ADDING THERETO A NEW SECTION 13-26.2 CONCERNING THE ESTABLISHMENT OF A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OPERATOR OF A MOTOR VEHICLE FOR FAILURE TO COMPLY WITH TRAFFIC LIGHT SIGNALS, AS EVIDENCED BY INFORMATION OBTAINED FROM A TRAFFIC LIGHT SIGNAL VIOLATION MONITORING SYSTEM 1. BE IT ORDAINED, by the city Council of the city of Fairfax, Virginia, that Chapter 13, Article I, of the Code of the city of Fairfa~ is hereby amended by adding thereto a new section 13-26.2 to read in its entirety as follows: Sec.13-26.2~. Demonstration Program For Traffic Light signal Violation Monitoring System A. ~- For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this subsection: Owner means: The registered owner of such vehicle on record with the Department of Motor Vehicles. For purposes of this section, owner does not mean a vehicle rental or vehicle leasing company. Traffic Ligh~ 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 this section. B. Monetary Penalty. 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. C. Proof; Certificate. 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. A certificate, sworn to or affirmed by a technician employed by a locality 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 r~acie 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. Evidence of Violation; Presumption. 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 registered owner of the vehicle, shall constitute in evidence a rebuttable presumption that such registered owner of the vehicle was the person who committed the violation. Such presumption shall be rebutted if the registered owner of the vehicle (i) files an 1997-10 -2- affidavit by regular mail with the Clerk of the General District Court for the city that he or she was not the operator of the vehicle at the time of the alleged violation or (ii) testifies in open court 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 Court adjudicating the alleged violation. E. Penalty; Effect Of A Conviction. Imposition of a penalty pursuant to 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. No monetary penalty imposed upon this section shall exceed $50.00 and shall not include Court costs. F. Summons. A summons for a violation of this section may be executed pursuant to Section 19.2-76.2 of the Code of Virqinia. Notwithstanding the provisions of Section 19.2-76 of the Code of Virginia, a 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 of the vehicle as shown on the records of the Department of Motor Vehicles. 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 Virqinia. 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. G. Admissibility of Evidence. In any action at 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. H. On behalf of the city, a private entity may not obtain records regarding the registered owners of vehicles which failed to comply with traffic light signals. A private entity may enter into an agreement with the city 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 may swear to or affirm the certificate required by subsection C of this Section. 2. This ordinance shall become effective as provided by law. INTRODUCED PUBLIC HEARING ADOPTED May 27, 1997 June 24, 1997 June 24, 1997 1997-10 -3- Councilmembers Mershon and Rasmussen were absent from the meeting. The vote to adopt was approved 4-0, recorded as follows: Vote: Councilman Coughlan aye Councilman Greenfield aye Councilwoman Lyman aye Councilman Mershon absent Councilman Rasmussen Dbsent Councilman Silverthorne aye Mayor Date y~lerk