19990727 1999-20ORDINANCE NO. 1999-20
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 Fairfax 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. Definitions. 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.
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 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 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. 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 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 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
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1999-20
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 Virginia. Notwithstanding the provisions of Section 19.2-76
of the Oode 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 in the case of
vehicle owners, in the records of the Department of Motor Vehicles or, in the case of vehicle
lessees or renters, in the records of the lessor or rentor. 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. 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:
ENACTED:
July 13.1999
Vote
Councilman Coughlan
Councilman Greenfield
Councilman Lederer
Councilman Petersen
Councilman Rasmussen
Councilman Silverthorne
Aye
Aye
Aye
Aye
Aye
Aye
1999-20
Date
ATTEST:
C t~ C~k
Mayor
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