2013-21 ORDINANCE NO. 2013-21
AN ORDINANCE AMENDING CHAPTER 98, ARTICLE I, SECTION 98-21, OF THE
CODE OF THE CITY OF FAIRFAX, OF
PHOTO-MONITORING SYSTEMS TO ENFORCE TRAFFIC LIGHT SIGNA L
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 amended to
read in its entirety as follows:
"Sec. 98-21. —Use of photo-monitoring systems to enforce traffic light signals.
(a) For purposes of this section, "owner" means the registered owner of a vehicle
on record with the department of motor vehicles. "Traffic light signal violation
monitoring y
nitorin 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, video, or other recorded images of each vehicle at
the time -• -- . :- : : - - -' - .• : . - -:•- : .. • • •
steady red traffic light signal it is used or operated in violation of Code of
Virginia, §§ 46.2-833, 46.2-835; or 46.2-836, as amended, which are
incorporated by reference in section 98-1. 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 manager or the city manager's designee may install and operate traffic
light signal violation monitoring systems at no more than ten intersections in
the city for the purpose of imposing monetary liability on the operator of a
motor vehicle for failure to comply with traffic light signals in the city in
accordance with 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 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.
(d) Proof of 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, sworn to or affirmed by a law 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 for 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 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 the general district court for
the city, 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 s issued pursuant
presented, prior to the return date established on
to this section, to the general district court for the city adjudicating the alleged
violation.
(f) Imposition of a penalty pursuant 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 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 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, § 19.2-76.2, as amended. Notwithstanding the provisions of Code of
Virginia, § 19.2-76, 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) and (ii) instructions for filing f the summoned
including the address to which the affidavit is to be sent. l
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, 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 thirty 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.
• • . - . . Qn
behalf •f . localit a p riv.t- entit that o p erates a traffic si.nal violation
monitorin' syst-m may enter into .n a'reement with the department of motor
vehicles in a cord•nc- with he provisions of subdivision B21 of .46 2-208 to
obtain vehicle owner information re.ardin! th- r-'istered owners o vehicles
that fail to compl with a traffic si•nal. Information provided to the o•erator
of a traffic signal violation moniterin. system shall be protected in . database
with security c pm p arable to that e f the department of motor vehicles' system
and used only for enforcement against individuals who violate the provisions
of this section. Notwithstanding any other provision of law, 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 Code of Virginia, §§ 46.2-833,
46.2-835, or 46.2-836, 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 sh_cis 60 days after
the collection of any civil penalties. If the city does not execute a summons for
a violation of this section within ten 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
- - . . - .. . •: - -• - commissioner of highways 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$1,000.00 per disclosure., Any
unauthorized use or disclosure of such personal information shall be grounds
for termination of the agreement between the department of motor vehicles and
the private entity.
(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) of this section.
The city shall not enter into an agreement for compensation based on the
number of violations or monetary penalties imposed.
(j) 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 of law 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
. . •• . • - - • •. . -- • •- . !• ... -•- • . ..
for final a al_
(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 0.5-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.
•
N. withstan•in. an o h-r •rovisi•n of this s- ion if a vehicle de•i ted in
images recorded by a traffic light signal photo-monitoring system is awned,
leased, or rented . a county, city, or town, then the county, city, or town may
access and use the recorded images and associated information for employee
disciplinary purposes."
This ordinance shall become effective as provided by law.
INTRODUCED: September 24, 2013
PUBLIC HEARING: October 8, 2013
ENACTED: October 8, 2013
6
Mayor
/0/0/3
Date
ATTEST:
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City Clerk
Votes
Councilman DeMarco Aye
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Aye
Councilmember Schmidt Aye
Councilman Stombres Absent