HomeMy WebLinkAbout11279Docusign Envelope ID: 1AF258B0-3480-8976-8357-0B6D90EEE393
ORDINANCE NO. 11279
AN ORDINANCE REPEALING AND REENACTING SECTION 15-
1-10 OF THE PUEBLO MUNICIPAL CODE ENTITLED "OWNER
LIABILITY FOR TRAFFIC SIGNAL CAMERA VIOLATIONS" TO
CONFORM THE CITY'S TRAFFIC SIGNAL CAMERA PROGRAM
TO SENATE BILL 26-152 AND TO ALIGN OPERATIONALLY
WITH SECTION 15-1-25
WHEREAS, Pueblo is a home rule municipality organized and existing under Article XX
of the Colorado Constitution, which vests in home rule municipalities plenary authority over
matters of local concern, including the regulation of vehicular traffic on public streets within the
City; and
WHEREAS, the Colorado General Assembly has declared that the enforcement of
traffic laws through the use of automated vehicle identification systems is a matter of statewide
concern requiring uniform state standards, C.R.S. Section 42-4-110.5(1); and
WHEREAS, C.R.S. Section 42-4-110.5(2), as amended by S.B. 23-200 (effective June
5, 2023), S.B. 24-195 (effective June 5, 2024), and S.B. 26-152 (signed by Governor Polis on
June 2, 2026, effective August 12, 2026), authorizes a municipality to adopt an ordinance
authorizing the use of an automated vehicle identification system to detect violations of traffic
regulations adopted by the municipality or violations of state traffic law, subject to the conditions
and limitations set forth in that section, including traffic signal violations detected through the
use of a traffic signal camera; and
WHEREAS, the City has operated a traffic signal camera program since 1996, originally
adopted as Section 15-1-15 by Ordinance No. 6119 (introduced September 9, 1996), most
recently substantively amended by Ordinance No. 7949 (December 22, 2008), and reenacted
and renumbered as Section 15-1-10 as part of the comprehensive Chapter 1 restructure
adopted by Ordinance No. 11086 (December 8, 2025); and
WHEREAS, Senate Bill 26-152 imposes new procedural requirements applicable to all
Automated Vehicle Identification System programs, including red-light camera programs,
including a mandatory affidavit -based owner non -liability procedure, new -system public
notification requirements, a flat -rate vendor compensation structure, a prohibition on vehicle
immobilization to enforce unpaid civil penalties, annual public reporting obligations, and data
privacy and retention rules that are not currently reflected in Section 15-1-10 of the Pueblo
Municipal Code; and
WHEREAS, the City Council deems it necessary and appropriate to conform Section 15-
1-10 of the Pueblo Municipal Code to the requirements of Senate Bill 26-152 and to align the
City's red-light camera program operationally with the AVIS speed enforcement program
authorized by new Section 15-1-25, including the two-step Notice of Violation and Civil Penalty
Assessment Notice procedure, the administrative hearing track, the de novo appeal to the
Pueblo County Court, and the officer -review authority available to peace officers and non -sworn
employees designated in writing by the Chief of Police; and
WHEREAS, given the scope of the changes required, the City Council finds that
repealing Section 15-1-10 in its entirety and reenacting it as a single, coherent section is
preferable to a series of piecemeal amendments. NOW, THEREFORE,
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BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Section 15-1-10 of the Pueblo Municipal Code is hereby repealed and reenacted in its entirety,
to read as follows:
Sec. 15-1-10. Owner liability for traffic signal camera violations.
(a) Definitions. As used in this Section, unless the context otherwise requires:
(1) "Traffic Signal Camera" means an Automated Vehicle Identification System, as
defined in C.R.S. Section 42-4-110.5(1.1)(a), that is operated under the general
supervision of a police officer, is placed at a signalized intersection within the
City, and is programmed to automatically photograph or digitally record the
intersection and vehicles entering the intersection after a steady circular red
signal or a steady red arrow signal has been displayed to such vehicles. The term
does not include automated vehicle identification systems used to detect speed
violations under Section 15-1-25 of this Code and does not include automated
license plate reader systems as defined in C.R.S. Section 24-31-1301.
(2) "Owner" means the person in whose name a motor vehicle is registered with
the Colorado Department of Revenue or with the vehicle registration authority of
any other state.
(3) "Civil Penalty Assessment Notice" or "CPAN" means a notice issued to the
registered owner of a motor vehicle after the registered owner has failed to
respond to a Notice of Violation by the deadline stated on the Notice of Violation.
(4) "Notice of Violation" or "NOV" means a notice issued to the registered owner
of a motor vehicle involved in an alleged traffic signal camera violation.
(5) "Registered Owner" has the same meaning as "Owner" in subsection (a)(2) of
this Section.
(6) "Person" means natural persons, corporations, partnerships, limited
partnerships, and limited liability companies.
(b) Authorization. The Chief of Police and the Traffic Engineer are hereby authorized and
directed to deploy traffic signal cameras at one or more signalized intersections within
the City for the purpose of detecting noncompliance with traffic control devices at such
intersections, subject to the conditions and limitations set forth in this Section and in
C.R.S. Section 42-4-110.5, as amended. The signalized intersections at which traffic
signal cameras are deployed may be changed from time to time among signalized
intersections within the City that have high traffic volume, above -average crash
experience, and have experienced injury -producing crashes. Traffic signal cameras shall
not be located on any highway that is part of the federal interstate highway system.
(c) Owner Liability. 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
(adopted by reference in Section 15-1-1 of this Chapter), 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
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operator of such vehicle has been convicted of the underlying violation of Section
604(1)(c) of the Model Traffic Code.
(d) Prima Facie Evidence of Ownership. 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) Signage Requirements.
(1) Intersection Signage. Before the City begins operation of a traffic signal
camera at a signalized intersection, the City shall post an appropriate sign in a
conspicuous place not less than a reasonable distance before the signalized
intersection at which the traffic signal camera is deployed, notifying the public
that a traffic signal camera is in use ahead.
(2) General Signage Requirements. The City shall not use a traffic signal camera
to detect a violation unless there is posted an appropriate sign in a conspicuous
place not less than a reasonable distance before the signalized intersection at
which the traffic signal camera is deployed. This requirement shall not be deemed
satisfied by the posting of a permanent sign at the borders of the City. Each sign
required by this subsection (e) shall use lettering that is at least four inches high
for uppercase letters and three inches high for lowercase letters.
(f) New System Public Notification. For any new traffic signal camera deployed at a
signalized intersection where the City has not previously operated a traffic signal
camera:
(1) Public Announcement. The City shall publicly announce the implementation of
the traffic signal camera on the City's official website and on the City's social
media accounts, if any, for at least 30 days prior to the activation of the system.
Each fixed camera location shall be treated as a discrete system for purposes of
this notice requirement.
(2) Per -Intersection Sign. At least 30 days before the traffic signal camera is
activated at a given signalized intersection, the City shall post a sign at that
intersection announcing the upcoming use of a traffic signal camera. The sign
shall use lettering that is at least four inches high for uppercase letters and three
inches high for lowercase letters.
(3) Warning Period. For the first 30 days after the traffic signal camera is installed
or deployed at a given signalized intersection, only warnings shall be issued for
violations detected by the system at that location, and such warnings shall be
issued and delivered in writing. No civil penalty shall be imposed during this 30 -
day warning period.
(4) Extended Notice. The City may, in its discretion, conduct an extended public
information campaign or warning period, or post additional signs, beyond the
minimum requirements of this subsection (f).
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(5) Existing Installations. Subsections (f)(1), (f)(2), and (f)(3) of this Section do not
apply to traffic signal cameras in operation at any signalized intersection within
the City on the effective date of this Section. Any new traffic signal camera
deployed at an intersection where the City has not previously operated a traffic
signal camera constitutes a new deployment requiring compliance with
subsections (f)(1), (f)(2), and (f)(3) at that new location.
(g) Civil Penalty Schedule.
(1) Maximum Civil Penalty. The civil penalty assessed under this Section shall not
exceed: (A) $75.00 for violations occurring through December 31, 2034; and (B)
$95.00 for violations occurring on or after January 1, 2035, consistent with the
caps established in C.R.S. Section 42-4-110.5(4.5) as amended.
(2) Fine Schedule. The presiding Municipal Judge shall adopt and include with the
schedule of designated fines adopted under Section 15-1-2 of this Chapter a
designated schedule for civil penalties imposed under this Section, consistent
with the caps established in subsection (g)(1) of this Section and in C.R.S. Section
42-4-110.5(4.5).
(h) Notice of Violation.
(1) If the City detects an alleged violation of Section 604(1)(c) of the Model Traffic
Code through the use of a traffic signal camera, the City shall issue, or cause its
vendor to issue, a Notice of Violation to the registered owner of the motor vehicle
involved in the alleged violation, by first-class mail, personal service, or any
equivalent or superior mail delivery service:
(A) Within 30 days after the alleged violation occurred if the motor vehicle
is registered in Colorado; or
(B) Within 60 days after the alleged violation occurred if the motor vehicle
is registered outside of Colorado.
(2) The Notice of Violation shall contain:
(A) The name and address of the registered owner;
(B) The license plate number of the motor vehicle;
(C) The date, time, and location of the alleged violation;
(D) The amount of the prescribed civil penalty;
(E) The deadline for payment or for disputing the alleged violation, which
deadline shall not be less than 45 days after the issuance date on the
Notice of Violation; and
(F) Information on how the registered owner may either dispute the alleged
violation in a hearing, pay the prescribed civil penalty, or submit an
affidavit of non -liability under subsection (m) of this Section.
(3) No Notice of Violation prepared by any vendor shall be mailed or served upon
a registered owner until the notice and the information upon which it is based has
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been individually reviewed and approved by a City peace officer or by a non -
sworn City employee designated in writing by the Chief of Police for that purpose.
(i) Civil Penalty Assessment Notice.
(1) If the City does not receive the prescribed civil penalty, a written notice
requesting a hearing, or an affidavit of non -liability under subsection (m) by the
deadline stated on the Notice of Violation, the City shall issue, or cause its vendor
to issue, a Civil Penalty Assessment Notice to the registered owner by first-class
mail, personal service, or equivalent or superior mail delivery service, no later
than 30 days after the deadline on the Notice of Violation.
(2) The Civil Penalty Assessment Notice shall contain: (A) the name and address
of the registered owner; (B) the license plate of the motor vehicle; (C) the date,
time, and location of the alleged violation; (D) the amount of the prescribed civil
penalty; (E) the deadline for payment; and (F) information on how to pay the
prescribed civil penalty.
(3) If the registered owner fails to request a hearing by the deadline stated in the
Notice of Violation, the registered owner waives any right to contest the violation
or the amount of the prescribed civil penalty.
(j) Default Judgment. If the registered owner to whom a Civil Penalty Assessment Notice
has been issued fails to pay the prescribed civil penalty or otherwise respond to the
Notice by timely seeking a hearing, the Clerk of the Pueblo Municipal Court or Traffic
Violations Bureau shall send a second notice by certified mail, return receipt requested,
to the registered owner, warning the registered owner that in the event such second
notice is disregarded for a period of 20 days from the date of mailing, default judgment
will be entered. If the second notice is disregarded for a period of 20 days from the date
of mailing, the Clerk of the Municipal Court shall enter default judgment, which identifies
the vehicle involved in the violation, and transmit the same to the Pueblo Police
Department.
(k) Hearing.
(1) If a hearing is timely requested to contest liability under this Section,
adjudication of the liability imposed upon registered owners by this Section shall
be by the Municipal Judge, or one 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 the 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. The signed
officer review required by subsection (h)(3) of this Section, together with the
photographic and recorded information produced by the traffic signal camera,
shall constitute the City's case -in -chief. The City Prosecutor shall not be required
to appear at hearings held under this subsection.
(I) Appeal. Final orders of liability entered under this Section may be appealed by the
registered owner as to matters of law and fact to the County Court of Pueblo County,
Colorado, in accordance with C.R.S. Section 42-4-110.5(2)(a)(Vlll). The appeal shall be a
de novo hearing. The registered owner may assert on appeal that a Notice of Violation
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served by first-class mail or other mail delivery service was not actually delivered.
(m) Defenses and Limitations on Owner Liability.
(1) Driver Privacy. The City shall not require a registered owner to disclose the
identity of the driver of the vehicle at the time of the alleged violation.
(2) Owner Responsibility; Enumerated Exceptions. The registered owner of the
motor vehicle detected by the traffic signal camera is responsible for paying the
civil penalty associated with the Notice of Violation unless the registered owner
establishes by timely affidavit, in accordance with subsection (m)(3) of this
Section, that one or more of the following applies:
(A) The motor vehicle had been sold, leased, or transferred prior to the time
of the violation, established by a bill of sale or other documentation
showing that the motor vehicle was sold, leased, or transferred before the
date and time of the violation;
(B) The motor vehicle had been stolen prior to the time of the violation,
established by a copy of the police report showing that the license plate or
motor vehicle was stolen before the date and time of the violation;
(C) A law enforcement officer issued a separate traffic citation to the
registered owner or to the driver of the motor vehicle for the same violation
detected by the AVIS, established by a copy of the separate citation; or
(D) The registered owner was deceased prior to the date of the violation,
established by a certified copy of the death certificate showing that the
death of the registered owner occurred before the date of the violation and
by one of the following: (i) a bill of sale or other document showing that the
motor vehicle was sold or transferred after the date of the registered
owner's death and before the date of the violation; (ii) documented proof
that the registered license plate was returned to the Colorado Department
of Revenue or another office or authorized agent of the Department after
the date of the registered owner's death and before the date of the
violation; or (iii) a copy of the police report showing that the registered
owner's license plate or motor vehicle was stolen after the date of the
registered owner's death and before the date of the violation.
(3) Affidavit Procedure. To establish that the registered owner is not responsible
for paying a civil penalty associated with a Notice of Violation, the registered
owner or, in the case of a deceased owner, a representative of the estate or a
family member of the registered owner, must, within 30 days after the date of
issuance of the Notice of Violation, provide to the City an affidavit with supporting
documentation establishing one or more of the exceptions set forth in subsection
(m)(2) of this Section. The affidavit must include the civil penalty number
identifying the Notice of Violation. The registered owner of a motor vehicle that
was leased at the time of the violation is not required to submit an affidavit if the
motor vehicle was registered in the name of the lessee at the time of the violation.
(4) Mandatory Administrative Dismissal. Upon receipt of an affidavit and sufficient
supporting documentation under subsection (m)(3) of this Section, the City shall
dismiss the Notice of Violation and provide written proof of the dismissal to the
registered owner or other person who submitted the affidavit.
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(5) False Affidavit. A person who submits a false affidavit under this subsection
(m) commits a Class 2 misdemeanor traffic offense and, upon conviction, shall be
punished as provided in C.R.S. Section 42-4-1701(3). The City Prosecutor is
authorized to prosecute any such offense.
(6) Affidavit Intake. Submission of an affidavit and supporting documentation
under this subsection (m) may be made through the vendor portal, by mail to the
Traffic Violations Bureau, or in person at the City Clerk's office. Any contract for
traffic signal camera equipment or services under subsection (t) of this Section
shall require that the vendor portal accept affidavit submissions with file
attachments and route them to the City Clerk for processing.
(n) No Points Assessment; No DMV Reporting. No violation detected by a traffic signal
camera under this Section shall result in the assessment of points against a driver's
license or be reported to the Colorado Department of Revenue as a conviction or entry of
judgment. Neither payment of the civil penalty assessed pursuant to a Notice of Violation
or Civil Penalty Assessment Notice issued under this Section, nor imposition of liability
under this Section determined upon hearing before the Municipal Judge, nor any other
adverse disposition, shall be deemed a conviction as an operator or driver, and no
record relating to the same shall be used for insurance purposes in the provision of
motor vehicle insurance coverage or determination of the premium therefor.
(o) No Vehicle Immobilization. The City shall not attempt to enforce an unpaid traffic
signal camera civil penalty by immobilizing (booting) the registered owner's vehicle.
(p) Collection Limitation. The City shall not initiate or pursue a collection action against a
registered owner for a debt resulting from an unpaid traffic signal camera civil penalty
unless the registered owner has been personally served the Notice of Violation or the
final order of liability.
(q) Leased and Rented Vehicles. If the registered owner of a motor vehicle involved in a
violation detected by a traffic signal camera is engaged in the business of leasing or
renting motor vehicles, the registered owner remains liable for payment of the civil
penalty even if the registered owner was not driving the motor vehicle, but may obtain
payment from the lessee or renter and forward the payment to the City. A lessor who
sends to the Traffic Violations Bureau a copy of the rental, lease, or other contract
document covering the vehicle on the date of the violation, with the name and address of
the lessee clearly legible, within 30 days after receiving the Notice of Violation, shall not
be found liable. The lessee shall then be deemed the registered owner for purposes of
this Section and shall be sent a Notice of Violation.
(r) Data Privacy, Retention, and Destruction. The City and any vendor operating a traffic
signal camera under this Section shall:
(1) Program the traffic signal camera to retain data only when a violation occurs;
(2) Treat all photographs and video collected by the traffic signal camera as
confidential and exempt from disclosure and inspection pursuant to part 2 of
article 72 of title 24, C.R.S. (the Colorado Open Records Act);
(3) Not use, disclose, sell, or permit access to photographs, video, or personally
identifiable data collected by the traffic signal camera except to the extent
necessary to operate the program, including for purposes of processing
violations, for other law enforcement purposes, for transferring data to a new
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vendor or operating system, or, pursuant to a court order, for use in unrelated
legal proceedings; and
(4) Destroy any photographs and video of a violation collected by the traffic signal
camera within three years after the final disposition of the violation, unless the
photographs or video are maintained in a separate system for other purposes
allowed by law.
(s) Equipment Calibration and Accuracy. All traffic signal camera equipment deployed by
the City shall be calibrated and certified for accuracy by an independent third party prior
to initial deployment and at least annually thereafter. Calibration records, including the
date of calibration, the identity of the calibrating entity, and the results of each
calibration test, shall be maintained by the Pueblo Police Department and shall be public
records available for inspection. No Notice of Violation shall be issued based on data
from a traffic signal camera unit whose calibration certification has expired.
(t) Vendor Compensation. No portion of any fine or civil penalty collected through the
use of a traffic signal camera under this Section may be paid to the manufacturer or
vendor of the traffic signal camera equipment. Compensation paid by the City for such
equipment shall be based upon the value of the equipment and the value of any services
provided to the City, structured as a flat monthly fee or a flat hourly rate that is not
contingent upon, and does not vary based on, the number of citations issued or the
amount of revenue generated.
(u) Public Reporting. The City shall publish a report on the City's official website
annually, timed to coincide with the City's fiscal year, and maintained on a publicly
accessible page for each year of operation. The report shall include, for each signalized
intersection at which a traffic signal camera is deployed: (1) the number of warnings
issued; (2) the number of Notices of Violation issued; (3) the number of citations paid,
contested, dismissed by affidavit, and in default; (4) total civil penalty revenue collected;
(5) total program operating costs, including vendor compensation, equipment, signage,
and administrative costs; (6) crash frequency and severity data for the intersection,
including a comparison of pre -installation and post -installation crash rates where at least
one full year of post -installation data is available; and (7) any other data required by state
law or determined by the Chief of Police to be relevant to public understanding of the
program.
(v) Relationship to Section 15-1-25. This Section governs traffic signal camera
enforcement only and shall not be construed to modify, limit, or supersede the AVIS
speed enforcement program established under Section 15-1-25 of this Chapter. The two
programs shall operate independently.
(w) Severability. If any subsection, sentence, clause, or phrase of this Section is for any
reason held to be unconstitutional or invalid, such holding shall not affect the validity of
the remaining portions of this Section. The City Council hereby declares that it would
have adopted this Section and each subsection, sentence, clause, and phrase thereof
irrespective of the fact that any one or more subsections, sentences, clauses, or phrases
be declared unconstitutional or invalid.
SECTION 2.
The officers and staff of the City are authorized to perform any and all acts consistent
with the intent of this Ordinance to effectuate the policies and procedures described herein.
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SECTION 3.
This Ordinance shall become effective upon final action of the Mayor, coincident with the
effective date of the companion enabling ordinance amending Title XV of the Pueblo Municipal
Code by the addition of Section 15-1-25.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on September 14, 2026.
Final adoption of Ordinance by City Council on September 28, 2026. DocuSigned by:
President of City ounci
Action by the Mayor:
❑ Approved on
❑ Disapproved on
09/30/2026
based on the following objections:
Action by City Council After Disapproval by the Mayor:
❑ Council did not act to override the Mayor's veto.
❑ Ordinance re -adopted on a vote of
, on
Mayor
❑ Council action on failed to override the Mayor's veto.
President of City Council
ATTEST 1.DocuSigned by:
City Clerk
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City Clerk's Office Item # S7
COUNCIL MEETING DATE: September 28, 2026
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Clyde Bishop, City Clerk
FROM: Chris Noeller, Chief of Police
SUBJECT: AN ORDINANCE REPEALING AND REENACTING SECTION 15-1-10
OF THE PUEBLO MUNICIPAL CODE ENTITLED "OWNER LIABILITY
FOR TRAFFIC SIGNAL CAMERA VIOLATIONS" TO CONFORM THE
CITY'S TRAFFIC SIGNAL CAMERA PROGRAM TO SENATE BILL 26-
152 AND TO ALIGN OPERATIONALLY WITH SECTION 15-1-25
SUMMARY:
This proposed Ordinance repeals and reenacts Section 15-1-10 of the Pueblo
Municipal Code to conform the City's traffic signal camera (red-light camera) program to
Senate Bill 26-152 (signed by Governor Polis on June 2, 2026, effective August 12,
2026), which amended C.R.S. Section 42-4-110.5 to impose new procedural
requirements on all Automated Vehicle Identification System (AVIS) programs,
including red-light camera programs. The reenacted Section 15-1-10 adds the four -
ground owner non -liability affidavit procedure, new public notification requirements for
any new traffic signal camera location, a flat -rate vendor compensation structure, a
prohibition on vehicle immobilization for AVIS civil penalties, annual public reporting
obligations, data privacy and retention rules, and equipment calibration requirements.
The reenacted Section also aligns operationally with new Section 15-1-25 (AVIS speed
enforcement), including the same two-step Notice of Violation and Civil Penalty
Assessment Notice procedure, the same administrative hearing track before the
Municipal Judge or an Assistant Municipal Judge sitting as administrative hearing
officer for the Traffic Violations Bureau, and the same de novo appeal to the Pueblo
County Court. Peace officer review of citations before mailing remains available, and
non -sworn City employees designated in writing by the Chief of Police may also
perform such review, consistent with the review authority in new Section 15-1-25(i)(3).
PREVIOUS COUNCIL ACTION:
The City's traffic signal camera program, currently codified at Section 15-1-10 of the
Pueblo Municipal Code, was originally adopted as Section 15-1-15 by Ordinance No.
6119 (introduced September 9, 1996), most recently substantively amended by
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Ordinance No. 7949 (December 22, 2008), and reenacted and renumbered as Section
15-1-10 as part of the comprehensive Chapter 1 restructure adopted by Ordinance No.
11086 (December 8, 2025).
BACKGROUND:
The Colorado General Assembly has progressively expanded the procedural
requirements applicable to municipal use of Automated Vehicle Identification Systems
for traffic enforcement. Senate Bill 26-152 (signed by Governor Polis on June 2, 2026,
effective August 12, 2026) amended C.R.S. Section 42-4-110.5 in ways that apply to
both red-light camera programs and speed camera programs. Because the current
Section 15-1-10 of the Pueblo Municipal Code does not incorporate several of these
new procedural requirements, the City's red-light camera program is inconsistent with
state law as currently written.
The specific SB 26-152 amendments that require conforming changes to Section 15-1-
10 include: a mandatory affidavit -based owner non -liability procedure with four
enumerated defenses (prior sale or transfer, prior theft, separate traffic citation issued,
deceased owner); new public notification requirements applicable to any new red-light
camera location (30 -day website and social media announcement, 30 -day per -location
sign posting, and a 30 -day written warning period during which no civil penalty may be
imposed); a flat -rate vendor compensation structure that is not contingent on citation
volume or revenue; a prohibition on booting vehicles to enforce unpaid AVIS civil
penalties; annual public reporting on the City website; and specific data privacy,
retention, and destruction rules for photographs and video collected by the AVIS.
Senate Bill 26-152 also amended the civil penalty caps applicable to red-light camera
enforcement under C.R.S. Section 42-4-110.5(4.5). The current maximum penalty of
$75 remains in effect through December 31, 2034, and the maximum increases to $95
on and after January 1, 2035. The reenacted Section 15-1-10 incorporates both caps to
preserve future flexibility without requiring further Council action in 2034.
In addition to conforming to Senate Bill 26-152, this reenactment aligns Section 15-1-10
operationally with new Section 15-1-25 (AVIS speed enforcement). Both programs now
use the same two-step Notice of Violation and Civil Penalty Assessment Notice
procedure, the same administrative hearing track (Municipal Judge sitting as hearing
officer for the Traffic Violations Bureau), the same de novo appeal to the Pueblo County
Court, the same officer -review requirement (with peace officer or non -sworn designated
employee alternatives), and the same affidavit -based defenses. Operational
consistency simplifies training, vendor integration, and the public -facing experience for
registered owners regardless of which program issues their citation.
The existing traffic signal cameras currently operating within the City are grandfathered
with respect to the new -system public notification and warning period requirements in
the reenacted Section 15-1-10(f). Those requirements apply only to any new traffic
signal camera deployed at a signalized intersection where the City has not previously
operated a traffic signal camera.
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FINANCIAL IMPLICATIONS:
No new capital expenditures are contemplated by this Ordinance.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Formal stakeholder engagement, including a public hearing before City Council, will
occur during the two -reading ordinance adoption process required by Charter Section
3-19.
ALTERNATIVES:
If this Ordinance is not approved, the City's traffic signal camera program will continue
to operate under Section 15-1-10 as currently written, which does not incorporate the
new procedural requirements imposed by Senate Bill 26-152. State law preempts
inconsistent local provisions, and registered owners, the public, and City staff must
work through a Municipal Code section that does not reflect the requirements actually
applicable to red-light camera citations. This creates operational confusion, litigation
risk, and the appearance that the City is not conforming its ordinances to state law.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. Background - Amending AVIS Sec 15-1-10
2. Ordinance - Amending AVIS Sec 15-1-10