HomeMy WebLinkAbout07807ORDINANCE NO. 7807
AN ORDINANCE AMENDING CHAPTER 1 OF TITLE XV OF THE PUEBLO MUNICIPAL CODE
RELATING GENERALLY TO THE MODEL TRAFFIC CODE AND SPECIFICALLY TO OWNER
LIABILITY FOR TRAFFIC SIGNAL CAMERA VIOLATIONS, AND PROVIDING CIVIL PENALTIES
FOR THE VIOLATION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter
deleted, underscoring indicates matter added)
SECTION 1
Section 15 -1 -15 of Chapter 1, Title XV of the Pueblo Municipal Code, as amended, is
amended to read as follows:
Sec. 15 -1 -15. Owner liability for traffic signal camera violations.
(a) As used in this Section
(1) Traffic signal camera shall mean a type of automatic vehicle
identification device operated under the general supervision of a police officer, that
is placed in a fixed location at a signalized intersection within the City and which is
wired and programmed to automatically photograph or digitally record the
intersection and vehicles entering said intersection more than one -half of one [(1)
or more] (0.5) second[s] after a steady circular red signal or a steady red arrow
signal has been displayed to such vehicles, and to record and accurately depict the
vehicle's location within the intersection, the vehicle's license plate, the driver of the
vehicle, the date and time of the event depicted and the elapsed time from the
display of said signal.
(2) Owner shall have the meaning provided in Section 102(49) of Article
II of the Model Traffic Code.
(3) Person shall mean natural persons, corporations, partnerships,
limited partnerships and limited liability companies.
(b) The Chief of Police and the Traffic Engineer are authorized and directed to
deploy traffic signal cameras at one (1) or more intersections within the City for the purpose
of detecting noncompliance with traffic control devices at such intersections. Traffic signal
cameras shall not be used until and unless there is posted an appropriate sign in a
conspicuous place not less then a reasonable distance before the area where the
traffic signal camera is to be used, notifying the public that an automated vehicle
identification device is in use ahead. The intersections at which traffic signal cameras
are deployed may be changed from time to time among signalized intersections within the
City which have high traffic volume, have above - average accident experience and have
experienced injury- producing accidents.
(c) The owner of a vehicle shall be liable for a civil penalty imposed as provided
in this Section if such vehicle was used or operated with the permission of the owner,
express or implied, in violation of Section 604(1)(c) of the Model Traffic Code, and such
violation is evidenced by information obtained from a traffic signal camera; provided,
however, that no owner of a vehicle shall be liable for a penalty imposed pursuant to this
Section where the operator of such vehicle has been convicted of the underlying violation of
Section 604(1)(c) of the Model Traffic Code.
(d) Proof that a particular vehicle, identified by its license plate tag or tags in a
photograph or digitally recorded image produced by a traffic signal camera, is registered to
a person, as shown in records of the Colorado Department of Revenue, Motor Vehicle
Division, or of the County Clerk and Recorder, or of the vehicle registration authority for any
other state in which a vehicle is found to be registered, shall constitute prima facie evidence
that said person is the owner of said vehicle.
(e) Neither payment of the civil penalty assessed pursuant to a civil penalty
assessment notice issued under this Section, imposition of liability under this Section by
appearance and payment before the Traffic Violations Bureau, nor imposition of liability
under this Section determined upon hearing before a Judge or Magistrate of the Municipal
Court shall be deemed a conviction as an operator or driver. A record relating to the same
shall not be transmitted to the Colorado Department of Revenue as any matter bearing
upon the driving 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 or
determination of the premium therefor.
(f) The following procedures shall be followed with respect to imposition of civil
penalties under this Section:
(1) A civil penalty assessment notice shall be sent by first class mail to
each person alleged to be liable as an owner for a violation recorded by a traffic
signal camera of Section 604(1)(c) of the Model Traffic Code. The notice shall be
addressed to the registered owner of the vehicle, shall state the name and address
of the person alleged to be liable as an owner pursuant to this Section, the
registration number of the vehicle involved in the violation, the location where the
violation occurred, the date and time of such violation and the identification of the
traffic signal camera which recorded the violation, and shall be signed by a police
officer or reserve police officer who has reviewed the photographic and other
information recorded by the traffic signal camera and examined appropriate vehicle
registration records and, based thereon, has reasonable grounds for believing that
said owner is liable for the civil penalty assessment as provided by this Section. The
notice shall state the amount of the penalty assessment and shall advise the alleged
owner that the alleged owner must respond to the notice by either appearance
before the Traffic Violations Bureau on or before a date stated in the notice to pay
the assessment or request an adjudicatory hearing to contest the liability alleged in
the notice, or by mailing payment of the penalty assessment amount to the Traffic
Violations Bureau on or before said date. The notice shall advise the alleged owner
of the provisions of Subsections (c) and (e) of this Section. The notice shall also
contain a warning to advise the person charged that failure to contest in the manner
and time provided shall be deemed an admission of civil liability and that a default
judgment may be entered thereon.
(2) If the person to whom the civil penalty assessment notice has been
mailed fails to pay the civil penalty assessment or respond to the notice by timely
seeking a hearing, the Clerk of the Municipal Court or Traffic Violations Bureau shall
send another notice by certified mail, return receipt requested, to such person,
warning him or her that in the event such notice is disregarded for a period of twenty
(20) days from date of mailing, default judgment will be entered [and the vehicle
involved in the violation will be subject to immobilization in accordance with Section
1801(c) of the Model Traffic Code, as amended by Section 15- 1- 8(a)(24) of this
Chapter].
(3) If a hearing is timely requested to contest liability under this Section,
adjudication of the liability imposed upon owners by this Section shall be by the
Municipal Judge, or one (1) of the Assistant Municipal Judges, sitting as an
administrative hearing officer for the Traffic Violations Bureau. In hearings to
determine liability under this Section, it shall be the City's burden to prove liability by
a preponderance of evidence. The proceedings shall be conducted informally
without strict adherence to the rules of evidence, provided that testimony and
exhibits received and considered shall have sufficient indicia of authenticity and
reliability so as to constitute competent evidence.
(4) If an owner receives a civil penalty assessment notice pursuant to
this Section for any time period during which the vehicle was reported to the Police
Department as having been stolen, it shall be a valid defense to an allegation of
liability for a violation of Section 604(1)(c) of the Model Traffic Code pursuant to this
Section that the vehicle had been reported to the police as stolen prior to the time
the violation occurred and had not been recovered by such time. For purposes of
asserting the defense provided by this Subparagraph (4), it shall be sufficient that a
certified copy of the police report on the stolen vehicle be sent by first class mail to
the Traffic Violations Bureau or Municipal Court.
(5) An owner who is a lessor of a vehicle to which a civil penalty
assessment notice was issued pursuant to this Section shall not be found liable,
provided that he or she sends to the Traffic Violations Bureau or Municipal Court a
copy of the rental, lease or other such contract document covering such vehicle on
the date of the violation, with the name and address of the lessee clearly legible,
within thirty (30) days after receiving the first civil penalty assessment notice of the
date and time of such violation, together with the other information contained in the
civil penalty assessment notice. Failure to send such information within such
thirty -day time period shall render the owner liable for the penalty prescribed by this
Section. Where the lessor complies with the provisions of this Subparagraph (5), the
lessee of such vehicle on the date of such violation shall be deemed to be the owner
of such vehicle for the purposes of this Section, shall be subject to liability for the
violation of Section 604(1)(c) of the Model Traffic Code pursuant to this Section and
shall be sent a civil penalty assessment notice pursuant to Subparagraph (f)(1) of
this Section.
(6) In the event a person to whom a civil penalty assessment notice has
been sent pursuant to Subparagraph (2) above fails to pay the assessment or
otherwise respond, the Clerk of the Municipal Court shall enter default judgment
which identifies the vehicle involved in the violation and transmit the same to the
Police Department. [Thereafter, members of the Police Department or other
employees of the City acting in their official capacity may subject the vehicle to
immobilization in accordance with Section 1801(c) of the Model Traffic Code, as
amended by Section 15- 1- 8(a)(24) of this Chapter.]
(g) Nothing in this Section shall be construed to limit the liability of an operator
or driver of a vehicle for any violation of Section 604(1)(c) of the Model Traffic Code.
(h) The civil penalty assessed to owners under this Section shall be an amount
of not less than fifty dollars ($50.00) nor more than [one hundred fifty dollars ($150.00)]
seventy -five dollars ($75.00) for each violation. The presiding Municipal Judge shall adopt
and include with the schedule of designated fines adopted under Section 15 -1 -6 of this
Chapter a designated schedule for civil penalty assessments imposed under this Section;
provided that, until the first such adoption of a designated schedule for civil penalty
assessments imposed under this Section, the scheduled assessment shall be [fifty dollars
($50.00)] seventy -five ($75.00) for each violation, and provided further that any failure of
the presiding judge thereafter to annually adopt such a schedule of designated civil penalty
assessments shall not in any way invalidate the civil penalty established herein or in any
such schedule previously adopted.
u In order to implement this Section, the Purchasing Agent is authorized
to solicit and award an annual contract to a vendor of traffic signal camera systems
for equipment, installation, maintenance, film development and preliminary
processing of penalty assessments; provided, however, that the following
requirements shall apply:
M No portion of any fine or civil penalty collected through the use
of the system may be paid to any manufacturer or vendor of the automated
vehicle identification system equipment;
u The selection of a vendor shall be by competitive proposal
process;
u No penalty assessment notice prepared by any vendor shall be
mailed or served upon an owner until the notice and information upon which it
has been based has been individually reviewed and approved by a City peace
officer who signs his name upon the notice.
SECTION 2
This Ordinance shall become effective thirty (30) days after final passage and approval.
INTRODUCED Mav 12. 2008
O r 1907
CD
Background Paper for Proposed.,
ORDINANCE
AGENDA ITEM # d �'
DATE: May 12, 2008
DEPARTMENT: POLICE DEPARTMENT
CHIEF OF POLICE —JAMES BILLINGS
PUBLIC WORKS
DIRECTOR — DANIEL E. CENTA, P.E.
TITLE
AN ORDINANCE AMENDING CHAPTER 1 OF TITLE XV OF THE PUEBLO MUNICIPAL
CODE RELATING GENERALLY TO THE MODEL TRAFFIC CODE AND SPECIFICALLY TO
OWNER LIABILITY FOR TRAFFIC SIGNAL CAMERA VIOLATIONS, AND PROVIDING CIVIL
PENALTIES FOR THE VIOLATION THEREOF
ISSUE
Should City Council amend Chapter 1 of Title XV of the Pueblo Municipal Code Section 15 -1 -15
(a)(1) relating to the owner liability for traffic signal camera violations.
RECOMMENDATION
Approval of the Ordinance.
BACKGROUND
Proposed ordinance modifies the existing traffic signal camera ordinance in the following:
• decreases the "grace" period for violating a red signal indication from 1.0 second to
0.5 second,
• requires advance signs to be posted notifying drivers that cameras are in use,
• decreases the fine assessment from $150.00 to $75.00 as required by State. Statute.
On June 11, 2007, at work session, Police Chief Jim Billings, Judge William Alexander and Dan
Centa, Director of Public Works, gave an informational presentation in regard to a proposal to
implement the Photo Red Light Enforcement in the City of Pueblo. Following the discussion it
was the consensus of the Council that the proposal is a worthy and creditable idea and asked
Chief Billings to move forward and begin the process for an RFP and purse the proposal. Staff
has evaluated vendor proposals and will be recommending contract approval on May 27, 2008.
FINANCIAL IMPACT
The cost specific to the installation of red light running cameras will be determined at the time a
contract is awarded with a vendor'.