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HomeMy WebLinkAboutOrdinance 09- 1752 Civil Enforcement of Red Light ViolationsORDINANCE NO. 1752 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING CHAPTER 10 PROVIDING FOR THE CIVIL ENFORCEMENT OF RED LIGHT VIOLATIONS BY CITY POLICE OFFICIALS AND BY THE ADDITION OF AUTOMATED TRAFFIC SIGNAL CAMERA ENFORCEMENT. WHEREAS, it is the intent of the City Commission to provide for means to preserve peace and order; to secure freedom from dangerous and noxious activities; and to secure and promote the general public health and welfare of all citizens using the roadways of this City, to include pedestrians, bicycle riders, drivers and occupants ofmotor-vehicles. WHEREAS, when a motor vehicle which proceeds into an intersection at a time when the traffic-control signal governing that vehicle's lane and direction of travel is emitting a steady red signal causes damage to the public by endangering pedestrians and motor vehicle operators, decreasing the efficiency of traffic control and traffic flow efforts, and by increasing the number of serious accidents to which public safety agencies must respond at the expense of, and injury to, pedestrians at signal intersections and drivers and occupants ofmotor-vehicles traveling through signal intersections. WHEREAS, the City desires to engage in using services from a specialized contractor to install, operate, and maintain cameras at identified signalized intersection approaches, to include processing of instances when a vehicle proceeds into and through the intersection after the signal emits a red "stop" signal. WHEREAS, an advisable manner of addressing red-light violations captured by these cameras, or observed by police officers, that augments existing criminal enforcement, is the ability to issue a civil or municipal infraction. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the city of Bozeman, Montana: Section 1 That Title 10 of the Bozeman Municipal Code shall be amended by adding Chapter 10.10, and Sections 10.10.310 through 10.10.390 and shall read as follows: Chapter 10.10 RED LIGHT CIVIL ENFORCEMENT AND AUTOMATED TRAFFIC SIGNAL CAMERA PROGRAM Sections: 10.10.310 10.10.320 10.10.330 10.10.340 10.10.350 10.10.360 10.10.370 10.10.380 10.10.390 Definitions Traffic Control Signal Legend Enforcement Procedures Imposition of Civil Penalty for Municipal Infraction Civil Action Hearing Order Effect of Liability Real time monitoring and recorded data use Fund Control 10.10.310 Definitions. In this section: 1) Action - A special proceeding of a civil nature. 2) Approach -One specific location of an intersection where a photographic Traffic Signal Enforcement System will be used to monitor when drivers of vehicles fail to obey red "stop" signals. 3) Authorized emergency vehicle - a vehicle of a governmental or volunteer fire agency, emergency vehicles of municipal departments or public utilities that are designated or authorized as emergency vehicles, ambulance or a vehicle used in the service of any law enforcement agency. 4) Department -the Police Department of the City of Bozeman, Montana. 5) Highway -the entire width between the boundary lines of every publicly maintained way when any part of the publicly maintained way is open to the use of the public for purposes of vehicular travel. 2 6) Intersection -the area embraced within the prolongation or connection of the lateral curb lines or if there are no curb lines then the lateral boundary lines of the roadways of two highways that join one another at or approximately at right angles or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. 7) Motor Vehicle - a vehicle propelled by its own power and designed or used to transport persons or property upon the highways of the State; and a quadricycle if it equipped for use on the highways of the State. 8) Municipal Infraction - a civil offense punishable by a civil penalty of not more than $300 for each violation. 9) Owner -the owner of a motor vehicle as shown on the motor vehicle registration records of the Motor Vehicle Division, Montana Department of Justice (MTDMV-DOJ) or the analogous department or agency of another state. 10) Photographic Traffic Signal Enforcement System - a system that: a) is a device with one or more motor vehicle sensors working in conjunction with a red light signal to produce recorded images and recorded video of motor vehicles entering an intersection against a red signal indication in violation of Section 10.10.320 of this Chapter; and b) at least three of the recorded images consisting o£ i) A first image that will clearly show the system location including all pertinent lanes of traffic, the traffic control signal, pertinent traffic control signs and the offending vehicle prior to entering the intersection with its front tires before the stop mark line while the red phase of the traffic control signal is clearly illuminated and visible. ii) A second image that will clearly show the progression of the violation and system location including all pertinent lanes of traffic, the traffic control signal, pertinent traffic control signs and the offending vehicle after entering the intersection while the red phase of the traffic control signal is clearly illuminated and visible iii) A third image that will clearly show aclose-up or zoomed image of the license plate attached to the rear of the motor vehicle. 3 c) the recorded video consists o£ i) an approximate twelve second recorded video of the system location and each municipal infraction that occurs clearly showing the full movement of the offending vehicle thru the infraction that was captured in the still images. 9) Recorded Image - an image recorded by a photographic traffic monitoring system automatically recorded on a photograph or digital image. 11) Recorded Video -video footage recorded by a photographic traffic monitoring system automatically recorded in a digital manner. 12) Recorded Data -any combination of recorded image(s) or recorded video that has been recorded in a digital manner. 13) Ston Mark Line -Painted line on an intersection approach indicating to drivers of motor vehicles the final location to stop for a red traffic signal. 12) System Location -the approach to an intersection toward which a photographic traffic monitoring system is directed and in operation. 13) Traffic-Control Signal - a device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop, reduce speed or proceed through an intersection. 10.10.320 Traffic Control Signal Legend Except for lane use control signals and special pedestrian control signals carrying a legend, whenever traffic is controlled by traffic control signals exhibiting different colored lights or colored lighted arrows successively one at a time or in combination, only the colors green, red, and yellow may be used. The lights indicate and apply to drivers of vehicles as follows: 1) GREEN SIGNAL a) Vehicular traffic facing a circular green signal may proceed straight through or turn left or right unless a traffic control device at the approach of an intersection prohibits either turn. However, vehicular traffic, including vehicles turning right or left, must yield the right-of--way to other vehicles or pedestrians lawfully within the intersection at the time the signal is exhibited. b) Vehicular traffic facing a green arrow signal shown alone or in combination with another indication may cautiously enter the approach of an intersection 4 only to make either the movement indicated by the arrow or another movement permitted by another indication shown simultaneously. Vehicular traffic executing the movements permitted by this subsection must yield the right-of--way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. 2) YELLOW SIGNAL a) Vehicular traffic facing a steady circular yellow or yellow arrow signal is warned that the traffic movement permitted by the related green signal is being terminated or that a red signal will be exhibited immediately thereafter. Vehicular traffic may not enter the intersection when the red signal is exhibited after the yellow signal. 3) RED SIGNAL a) Vehicular traffic facing a steady circular red signal must stop at a marked stop bar. If there is not a marked stop bar, vehicular traffic must stop before entering the crosswalk on the near side of the intersection. If there is not a marked crosswalk, vehicular traffic must stop before entering the intersection and, except as provided in subsection 3)c), must remain standing until an indication to proceed is shown. b) Vehicular traffic facing a steady red arrow signal may not enter the intersection to make the movement indicated by the arrow and must stop at a marked stop line unless the traffic is entering the intersection to make a movement indicated by another signal. If there is not a marked stop line, vehicular traffic must stop before entering the crosswalk on the near side of the intersection. If there is not a marked crosswalk, vehicular traffic must stop before entering the intersection and must remain standing until an indication is shown that permits movement. c) Except when a traffic control device is in place that prohibits a turn, vehicular traffic facing a steady circular red signal may cautiously enter the intersection to turn right after stopping as required under subsection 3)b). 4) Failure to comply with Provisions listed in Section 10.10.320 shall be considered a Municipal Infraction as defined in Section 10.10.310 of this Chapter. 10.10.330 Enforcement procedures A. Automated Red Light Camera Enforcement. 1) The Department may enforce and administer this ordinance, or any parts thereof, through one or more contractors. The actions which can be used to enforce the issuing of a municipal infraction, payment of the civil penalty and related fees may consist of, but are 5 not limited to, reporting the debt to collection agencies/credit reporting agencies, and/or initiating civil actions for collection. 2) In order to impose a civil penalty under this article, the Department itself, or through one or more contractors, shall mail by depositing in the U.S. mail with sufficient postage a notice of municipal infraction to the owner of the motor vehicle liable for the civil penalty not later than the 30t" day after the date the violation is alleged to have occurred to: a) the owner's address as shown on the registration records of the MTDMV-DOJ; or b) if the vehicle is registered in another state, the owner's address as shown on the motor vehicle registration records of the department or agency of the other state analogous to the MTDMV-DOJ. c) A notice of Municipal Infraction issued under this section shall contain the following: (1) a description of the Municipal Infraction alleged; (2) the license number and issuing state of the motor vehicle involved in the Municipal Infraction; (3) the name and address of owner of the motor vehicle involved in the Municipal Infraction; (4) the date, time and location of the Municipal Infraction; (5) a copy of a recorded image of the vehicle involved in the Municipal Infraction; (6) notice of Internet web access and password to view recorded video of the Municipal Infraction; (7) the amount of the civil penalty to be imposed for the Municipal Infraction; (8) the date by which the civil penalty must be paid; (9) a statement that the person named in the notice of Municipal Infraction may pay the civil penalty in lieu of appearing at a civil action hearing; (10) information that informs the person named in the notice of Municipal Infraction: 6 i) of the right to contest the imposition of the civil penalty in a civil action hearing; ii) of the manner and time in which to contest the imposition of the civil penalty; and iii) that failure to pay the civil penalty or to contest liability is an admission of liability; and (11) a statement that a recorded image and recorded video is evidence in a proceeding for the imposition of a civil penalty; (12) that payment in full is due no later than on the 25t" day after the date of the notice, unless the Municipal Infraction is contested in accordance with Section 10.10.350; (13) any other information deemed necessary by the department. 3) A notice of Municipal Infraction under this section is presumed to have been received on the St" day after the date the notice of Municipal Infraction is mailed. 4) In lieu of issuing a notice of Municipal Infraction, the Department may mail a warning notice to the owner. 5) In lieu of mailing the notice of Municipal Infraction, the Department may cause to be personally served upon the owner of the motor vehicle liable for the civil penalty or the person nominated by the vehicle owner as the party responsible for the Municipal Infraction notice of the Municipal Infraction. Personal service may be performed by any person over the age of 18 years. The process server shall complete a return of service for each notice of Municipal Infraction served indicating the date, time, location and name of the person served. All costs of personal service shall be recoverable upon conviction of the Municipal Infraction. Personal service may be made within or without the state of Montana. B. Criminal and Civil enforcement by Police Officer. This ordinance does not abrogate or impair enforcement of existing traffic laws by a police officer for a violation committed in the officer's presence, or as the result of a traffic crash investigated by the officer. Specifically, if a police officer personally and contemporaneously observes a red light violation, or has evidence from a crash investigation that a red light violation has occurred by a driver, the police officer may issue a criminal citation under state law or the Bozeman Traffic Code or a Notice of Municipal Infraction pursuant to this chapter. a) A Notice of Municipal Infraction issued under this section shall contain the following: 7 (1) a description of the Municipal Infraction alleged; (2) the license number and issuing state of the motor vehicle involved in the Municipal Infraction; (3) the name and address of the driver of the motor vehicle involved in the Municipal Infraction; (4) the date, time and location of the Municipal Infraction; (5) the amount of the civil penalty to be imposed for the Municipal Infraction; (6) the date by which the civil penalty must be paid; (7) a statement that the person named in the notice of Municipal Infraction may pay the civil penalty in lieu of appearing at a civil action hearing; (8) information that informs the person named in the notice of Municipal Infraction: iv) of the right to contest the imposition of the civil penalty in a civil action hearing; v) of the manner and time in which to contest the imposition of the civil penalty; and vi) that failure to pay the civil penalty or to contest liability is an admission of liability; and (9) that payment in full is due no later than on the 25`" day after the date of the notice, unless the Municipal Infraction is contested in accordance with Section 10.10.350; (10) any other information deemed necessary by the department. 10.10.340 Imposition of Civil Penalty for Municipal Infraction A. Automated Red Light Camera Enforcement. 1) Except as provided in Section 10.10.350 below, the owner of a motor vehicle, who was the owner of that vehicle at the date and time of the violation, is accountable for a 8 municipal infraction occurring involving the owner's vehicle and is liable for a civil penalty of not less than One Hundred Thirty-Five ($135), nor more than Three Hundred Dollars ($300),_if the motor vehicle proceeds into an intersection at a System Location at a time when the traffic control signal for that motor vehicle's lane and direction of travel is emitting a steady red signal or in violation of Section 10.10.320 of this chapter. B. Civil enforcement by Police Officer. 1) The driver of a motor vehicle who has received a Notice of Municipal Infraction by a Police Officer and who was the driver of a vehicle at the date and time of a violation, is accountable for a municipal infraction occurring involving the owner's vehicle and is liable for a civil penalty of not less than One Hundred Thirty-Five ($135), nor more than Three Hundred Dollars ($300), if the motor vehicle proceeds into an intersection at a System Location at a time when the traffic control signal for that motor vehicle's lane and direction of travel is emitting a steady red signal or in violation of Section 10.10.320 of this chapter. 10.10.350 Civil Action Hearing 1) A person who receives notice of violation may contest the imposition of the civil penalty by requesting in writing a civil action hearing of the civil penalty. Such a written request for a civil action hearing must be post-marked and mailed within twenty (20) days after the receipt of the notice of Municipal Infraction, which must be received by the Department no later than the 25t" day after the date on the notice of Municipal Infraction. Upon receipt of a timely request, the Department shall notify the person of the date, time and location of the civil action hearing. The civil action hearing shall be held before a City of Bozeman Municipal Court Judge, or designee. 2) Failure to pay a civil penalty or to contest liability in within timelines established by this chapter is an admission of liability in the full amount of the civil penalty assessed in the notice of Municipal Infraction, and is a waiver of the right to contest or appeal the notice of Municipal Infraction. 3) The civil penalty shall not be assessed if, after a hearing, the Municipal Court Judge, or designee, enters a finding of no liability. 4) In a civil action hearing, the issues must be proved at the hearing by a preponderance of the evidence. The reliability of the photographic traffic signal enforcement system used to produce the recorded image or recorded video of the violation may be attested to in a civil action hearing by affidavit of an officer or employee of this City or the entity with which the City contracts to install or operate the system and who is responsible for inspecting and maintaining the system. An affidavit of an officer or employee of the City that alleges a violation based on an inspection of the pertinent recorded image and recorded video, is admissible in a proceeding under this chapter and is evidence of the facts contained in the affidavit. 9 5) A person who is found liable after a civil action hearing or who requests a civil action hearing and thereafter fails to appear at the time and place of the hearing may be held liable for actual hearing costs in accordance with Montana Code Annotated 25-10-201 together with all actual costs of service of the notice of the Municipal Infraction either by mail or personal service. A person who is found liable for a civil penalty after a civil action hearing, or who fails to appear, shall pay the civil penalty together with hearing and service costs within 15 days of the hearing. 6) If at the time of the Municipal Infraction, issued pursuant to section 10.10.330 A. Automated Red Light Camera Enforcement, of this Chapter, the motor vehicle was in the care, custody or control of another person, the owner may either accept responsibility or identify the driver so the contractor can send a Notice of Municipal Infraction to the driver. The department may send, or cause a contractor to send, a new Municipal Infraction Notice to the nominee. The effective date of the Notice of Municipal Infraction sent to the nominee is the day notice is issued to the nominee as indicated on the face of the new Municipal Infraction Notice. If the nominee appeals denying he or she was the driver or defaults, the City may proceed against the registered owner by issuing a subsequent Municipal Infraction Notice to the owner with the effective date being the date so indicated on the face of the subsequent Municipal Infraction Notice. If the City cannot assert jurisdiction over the nominee, the owner is responsible, subject to the remaining defenses available in this article. Any owner who admits a certificate does so under penalty of perjury or any other applicable penalties if any information contained therein is knowingly false. Without limitation on the foregoing, nomination may be used when: a) The owner was not driving the vehicle at the time of the Municipal Infraction. b) The owner is the United States of America, State of Montana, County of Gallatin, City of Bozeman or other governmental entity that owns a vehicle that was being driven by a natural person who was the employee, contractor or agent of the governmental entity at the time of the alleged Municipal Infraction. c) The owner is a place of business, corporation or other non-natural entity that owns a vehicle that was being driven by a natural person who was the employee, contractor or agent of the business, corporation or other non-natural entity at the time of the alleged Municipal Infraction. d) The owner is an automobile rental business, automobile dealership or other business entity that, in the ordinary course of business, leases vehicles to others and the lessee was driving the vehicle at the time of the alleged Municipal Infraction. 7) It shall be an affirmative defense to the imposition of civil liability under this chapter, to be proven by a preponderance of the evidence, that: 10 a) the traffic-control signal was not in proper position and sufficiently legible to an ordinarily observant person; b) the operator of the motor vehicle was acting in compliance with the lawful order or direction of a police officer; c) the operator of the motor vehicle violated the instructions of the traffic-control signal so as to yield the right-of--way to an immediately approaching authorized emergency vehicle or as part of a funeral procession; d) the motor vehicle was being operated as an authorized emergency vehicle and that the operator was acting in compliance with state statutes in operation thereof; e) the motor vehicle was a stolen vehicle and being operated by a person other than the owner of the vehicle without the effective consent of the owner; (1) To demonstrate that the motor vehicle was stolen before the violation occurred and was not under the control or possession of the owner at the time of the Municipal Infraction, the owner must submit proof that a report concerning the stolen motor vehicle was filed with a law enforcement agency. f) the license plate depicted in the recorded image of the violation was a stolen plate and being displayed on the motor vehicle other than the motor vehicle for which the plate had been issued; or (1) To demonstrate that the motor vehicle registration plates were stolen before the violation occurred and the plates were not under the control or possession of the owner at the time of the Municipal Infraction, the owner must submit proof that a report concerning the stolen motor vehicle registration plates was filed with a law enforcement agency. 10.10.360 Order 1) The Municipal Court Judge at any civil action hearing under this article shall issue an order stating: a) whether the person charged with the Municipal Infraction is liable for the Municipal Infraction; and b) if liable, the amount of any civil penalty, late penalty, and actual civil action hearing costs assessed against the person. Upon full satisfaction of penalties and costs, the department shall file a notice of full satisfaction with the Municipal Court. 11 2) The orders issued under subsection (a) may be filed with the Department. The Department shall keep the orders in a separate index and file. The orders may be recorded using electronic or magnetic means. 10.10.370 Effect of Liability 1) The imposition of civil penalty under this article is not a criminal conviction for any purpose, and is not reflected on the owner's permanent driving record. 2) A civil penalty may not be imposed under this chapter on the owner of a motor vehicle if the operator of the vehicle was arrested or was issued a criminal or civil citation by a law enforcement officer for the same violation, or in which the red-light violation was part of a separate criminal or civil citation, such as, but not limited to, careless driving, reckless driving or similar violations. 3) An owner who fails to pay the civil penalty or to contest liability for the penalty, in accordance with timelines established in this chapter, is considered to admit liability for the full amount of the civil penalty stated in the Municipal Infraction Notice. 4) The City Attorney, or designee, is authorized to file suit to enforce collection of a civil penalty imposed under this article. In addition to the amount of the civil penalty collected, reasonable attorney's fees and court costs incurred in enforcing the collection shall be recoverable in that action. 10.10.380 Real time monitorinE and recorded data use A. Real time monitoring 1) Law Enforcement Officials and 9-1-1 Dispatch operators shall be allowed the use of real-time monitoring of intersections where photographic traffic signal enforcement system is operating: a. To allow for immediate viewing of an intersection where an emergency has occurred to allow for first responder assessment. b. To allow for immediate viewing of intersections to help in the investigation of serious traffic incidents or serious criminal acts. B. Recorded data use 1) Law Enforcement Officials shall be allowed the use of recorded data from photographic traffic signal enforcement systems: a. To use as evidence to support a Notice of Municipal Infraction issued pursuant to this chapter. 12 b. To use as evidence to support the investigation by law enforcement of serious traffic incidents, crash investigations, and/or serious criminal acts. c. To use as evidence to support a criminal citation or request for prosecution related to serious traffic incidents, crash investigations and/or serious criminal acts. 10.10.390 Fund Control A. The penalties, fines, and fees collected from the imposition of civil liability under this article shall be deposited into a separate fund account hereby established. This program and fund is established with a focus on ensuring the costs of the program are covered first by funds received and that any excess funds received are spent in a manner directed specifically by the Bozeman City Commission. 1) Operational funds -funds deposited into this account shall be expended first for the costs of the system. These costs include: a. Costs related to contracted services for the program. b. Costs related to non-contracted services for the program, such as: i. Public relations or public education. ii. General program implementation iii. City of Bozeman direct costs related to the program. 2) Remainin fg unds -funds deposited in excess of those required for operational costs shall, by resolution, be used as directed by the Bozeman City Commission. Section 2 Repealer All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3 Savings Provision This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance.. 13 Section 4 Severability That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Effective Date Section 5 This ordinance shall be in full force and effect thirty (30) days after final adoption. PASSED by the City Commission of the City of Bozeman, Montana on first reading at a regular session thereof held on the 15t" day of December 2008. ATTEST: _..~ _ S ACY LME Ci rk i ~~~~ KAAREN JACO ON Mayor PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the 12t" day of January 2009. The effective date of this ordinance is February 12, 2009. ATTEST: S A UL N, C~C City Cler l ~ ~~-~ KAAREN JACOI~SON Mayor 14 APPROVED AS TO FORM: J. R ERT PLANALP Interim City Attorney 15