2007-14
ORDINANCE NO. 2007-14
AN ORDINANCE AJVl:ENDING CHAPTER 98, ARTICLE I, SECTION 98-21 OF THE
CODE OF THE CITY OF FAIRFAX:, VIRGINIA, PERTAINING TO THE USE OF
PHOTO-JVl:ONITORING SYSTEJVl:S TO ENFORCE TRAFFIC LIGHT SIGNALS
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 98,
Article I, Section 98-21 of the Code of the City of Fairfax,. Virginia, is hereby deleted in its
entirety and replaced vvith the fol1o",,"ing:
Sec.. 98-21... Use DC pho-t:o-monit:oring syst:ems "to enforce "t:raCfic ligh't signals; penalty"..
(a) For purposes of"this section,. ....o"VVI1er"" means the registered ov...rner of a vehicle on
record V\Tith the Department of l\I1otor Vehicles. .....Traffic light sign.al violation monitoring
system"... mea..n..s a vehicle sensor installed to '-Vork in conjnnction V\Tith a traffic light that
automatically produces tvvo or more photographs,. tvvo or more microphotographs,. video,. or
other recorded images of each vehicle at the time that the operator of the vehicle rails to stop
or remain stopped at a steady red traffic light signal in violation or Code of Virginia", ~~ 46.2-
833,46.2-835; or 46.2-836 (1950), as amended, vvhich are incorporated by reference in
section 98-1 of this chapter 98. 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.
(b) The city ma.n..ager or the city manager"'s designee may install and operate traffic light
signal violation. mon.itoring systems at no more than ten intersections in the city ror the
purpose of imposing monetary liability on. the operator or a motor vehicle for failure to
comply vvith trarfic light signals in the city in accordnnce vvith the provisions of this section.
(c) The operator of a vehicle shall be liable for a monetary penalty imposed pursuant to
this section if such vehicle is round", as evidenced by information obtained from a traffic light
signal violation monitoring system", to have failed to comply vvith a traffic light signal vvithin
the city.
(d) Proof or a violation of this section shall be evidenced by information obtained from a
traffic light signal violation monitoring system authorized pursuant to this section. A
certificate", svvom to or affirmed by a laV\.T enforcement officer employed by the city 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 ror inspection in any proceeding to adjudicate the liability
for such violation pursuant to this section.
(e) In the prosecution of an offense established under this section; prima facie evidence
that the vehicle described in the summons issued pursuant to subsection (d) above vvas
operated in violation of this section; together vvith proof that the defendant "VVas at the time or
such violation the ovvner; lessee; or renter of the vehicle; shall constitute in evidence a
rebuttable presumption that such o"VVner; lessee; or renter <:tfthe vehicle "VVas the person vvho
committed the violation. Such presumption shall be rebutted if the o"VVner; lessee; or renter of
the vehicle (i) files an affidavit by regular mail "VVith the clerk of the general district court: for
the city that he or she "VVas not the operator of the vehicle at the time or the alleged violation or
(ii) testifies in the general district court: for the city; under oath that he or she vvas 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; sho"VVing 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 retum 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 penalty pursuaJ1t to this section shall not be deemed a conviction as an
operator and shall not be made a part of the operating record of the person upon vvhom such
liability is imposed, nor shall it be used for insurance purposes in the provision of motor
vehicle insurance coverage. No monetary penalty imposed pursuant to this section shall
exceed $50.00, nor shall it include court costs.
(g) A summons for a violation of this section may be executed pursuant to Code of
Virginia, S 19.2-76.2 (1950), as amended. Notwithstanding the provisions of Code of
Virginia, S 19.2-76 (1950), as amended, the 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, lessee, or
renter 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 the vehicle lessees or renters, 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 in subsection ( e)
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 Code of Virginia, ~ 19.2-76.3 (1950), as amended. 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. Any summons executed for a violation of this section shall provide to
the person summoned at least 60 business days from the mailing of the summons to inspect
information collected by a traffic light signal violation monitoring system in connection with
the violation.
(h) Information collected by a traffic light signal violation monitoring system installed
and operated pursuant to this section shall be limited exclusively to that information that is
necessary for the enforcement of traffic light violations. A private entity may not obtain
records on behalf of the city regarding the registered owners of vehicles that fail to comply
with traffic light signals. Notwithstanding any other provision oflaw, all photographs,
microphotographs, electronic images, or other personal information collected by a traffic light
signal violation monitoring system shall be used exclusively for enforcing traffic light
violations and shall not (i) be open to the public; (ii) be sold or used for sales, solicitation, or
marketing purposes; (iii) be disclosed to any other entity except as may be necessary for the
enforcement of a traffic light violation 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 SS46.2-833, 46.2-835, or 46.2-836 of the Code of
Virginia (1950), as amended, or 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 60 days after the collection of any civil penalties. If the city
does not execute a summons for a violation of this section within 10 business days, all
information collected pertaining to that suspected violation shall be purged within two
business days. The city shall annually certify compliance with this section and make all
records pertaining to such system available for inspection and audit by the Commonwealth
Transportation Commissioner 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.
(i) 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 a law-
enforcement officer employed by the city may swear to or affirm the certificate required by
subsection (d). The city shall not enter into an agreement for compensation based on the
number of violations or monetary penalties imposed.
G) When selecting potential intersections for a traffic light signal violation monitoring
system, the city shall consider factors such as (i) the accident rate for the intersection, (ii) the
rate of red light violations occurring at the intersection (number of violations per number of
vehicles), (iii) the difficulty experienced by law-enforcement officers in patrol cars or on foot
in apprehending violators, and (iv) the ability oflaw-enforcement officers to apprehend
violators safely within a reasonable distance from the violation. The city may consider the
risk to pedestrians as a factor, if applicable. The city shall submit a list of intersections to the
Virginia Department of Transportation for final approval.
(k) Before the implementation of a traffic light signal violation monitoring system at an
intersection, the city shall complete an engineering safety analysis that addresses signal timing
and other location-specific safety features. The length of the yellow phase shall be established
based on the recommended methodology of the Institute of Transportation Engineers. All
traffic light signal violation monitoring systems shall provide a minimum O.5-second grace
period between the time the signal turns red and the time the first violation is recorded. If
recommended by the engineering safety analysis, the city shall make reasonable location-
specific safety improvements, including signs and pavement markings.
(1) The city shall evaluate the traffic light signal violation monitoring system on a
monthly basis to ensure all cameras and traffic signals are functioning properly. Evaluation
results shall be made available to the public.
(m) The city shall place conspicuous signs within 500 feet of the intersection approach at
which a traffic light signal violation monitoring system is used. There shall be a rebuttable
presumption that such signs were in place at the time of the commission of the traffic light
signal violation.
(n) Prior to or coincident with the implementation or expansion of a traffic light signal
violation monitoring system, the city shall conduct a public awareness program, advising the
public that the city is implementing or expanding a traffic light signal violation monitoring
system.
This ordinance shall become effective on July 1, 2007.
INTRODUCED: June 12,2007
PUBLIC HEARING: June 26, 2007
ENACTED: June 26, 2007
8~-~
Mayor
~107
ate
ATTEST:
llU~~
I City Clerk
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 Absent