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R-07-01 RESOLUTION NO. R-07-01 A RESOLUTION REQUESTING THE 2007 SESSION OF THE VIRGINIA GENERAL ASSElVIBLY TO ENACT AN AlVIENDlVIENT TO CHAPTER 2. SECTION 2.9 OF THE CITY CHARTER OF THE CITY OF FAIRFAX::. VIRGINIA. CONCERNING THE USE OF PHOTO-lVIONITORING SYSTElVIS TO ENFORCE TRAFFIC LIGHT SIGNALS. """I-IEREAS, at a regular meeting of the City Council held on J-anuary 9~ 2007". after due and proper publication of the notice ofpublic hearing pursuant to Section 15.2-202". Code of Virginia (1950).. as arn..ended,. vvhich notice contained inter alia an informative summary oT the proposed amendment to t:he City Charter oTthe City afFairfax,. a public hearing "VVith respect to such proposed amerldment V\73S held before the City Council i:t~ V'V"hich all citizens so desiring vvere afforded the opportunity to be heard to determine if the citizens o:tthe City desire t:hat the City request the General .Assembly to amend its existing Charter in the form and manner hereinafter referred to and as provided in the aforesaid notice; and V\7I-IEREAS., upon.. conclusion of such public hearing al."1d upon consideration of the proposed amendment to such Charter,. the City Council is of the opinion that the 2007 General Assembly of Virginia should be requested to amend the City Charter as hereinafter set forth. NO"'. THEREFORE BE IT RESOLVED by the City Council of the City of Fairfax,. that the General Assembly of Virginia is hereby requested during its 2007 Session to amend the City Charter or the City or Fairrax. Virginia (the ""City Charter") as fol1ovvs: Amend Chapter 2,. Section 2.9 orthe City Charter to read in its entirety as follovvs: Sec. 2.9. Use oC phot:o-monit:oring syst:ems t:o enCorce t:raCfic light: signals. A. The city council may provide by ordinance ror the establish.ment or a traffic sarety program imposing monetary liability on the operator or a motor vehicle ror failure to comply v..rith traffic light signals in the city in accordance vvith the provisions or this section.._ B. The operator of a vehicle shall be liable for a monetary civil peI"1alty in"1posed pursuant to t11.is section if such vehicle is round,. as evidenced by inTormation obtained from a t.raffic light signal violation-monitoring system,. Tor railing to comply vvith a traffic light signal V\/ithin the city. C. Proof of a violation of this section shall be evidel."1ced by inforITlation obtained from a traffic light signal violation-monitoring system authorized p"LlrSUal"1t to this section. A certi ficate.,. sv..rom to or affirmed by a technician employed by the city,. or a facsimile tl"1ereor.,. based upon inspection of photographs,. microphotographs.,. videotape,. or other recorded images produced by a trarfic light signal violation monitoring system,. shall be prima facie evidence orthe facts contained therein. Any photographs,. microphotograpl"1s,. 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 an ordinance adopted pursuant to t.his section. D. In the prosecut.ion of an offense established pursuant to an ordinance adopted under the provisions of this section,. prima facie evidence that the vehicle described in the summons v..ras operated in violat.ion of such an ordinance.,. together vvith proof t.hat the defendant Vv'as at the time of such violation an 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 that he was not the operator of 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. 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. For purposes of this section "Owner" means a registered owner of such vehicle on record with the Virginia 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 :946.2-833, 946.2-835, or 946.2-836 of the state code. 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. F. Imposition of a monetary penalty pursuant to an ordinance adopted pursuant to the provisions of 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. Monetary penalties shall be established by City ordinance adopted pursuant to the provisions of this section. G. A summons for a violation of this section may be executed pursuant to 919.2- 76.2 of the state code. Notwithstanding the provisions of 919.2-76 of the state code, a summons for a violation ofthis 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 Virginia Department of Motor Vehicles or, in the case of vehicle lessees or renters, in the records of the lessor 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 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 919.2-76.3 of the state code. 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. H. A private entity may not obtain records regarding the registered owners of vehicles which fail to comply with traffic light signals. A private entity may enter into an agreement with a locality 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 ofthe city may swear to or affirm the certificate required by subsection C. 2. That the City Manager is authorized and directed to forward a certified copy of this resolution to each member of the Virginia General Assembly representing the City of Fairfax, Virginia, and to seek the assistance and support of those members of the General Assembly for this City Charter Amendment. ADOPTED this 9th day of January, 2007. ~~.~A--- MA R Attest: 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 Aye