HomeMy WebLinkAboutFinally Adopt Ordinance No. 1752, Civil Enforcement
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Lieutenant Rich McLane, Bozeman Police Department
SUBJECT: Ordinance 1752 for civil enforcement of red light violations by officers and use
of Automated Traffic Signal Camera Enforcement
MEETING DATE: Monday, January 12, 2009.
RECOMMENDATION: Adopt Ordinance 1752 as revised during the December 15, 2008 public
hearing.
BACKGROUND:
On December 15, 2008, recommended changes to ordinance 1752 were presented by staff to the City
Commission. Direction was given by the commission to modify section 10.10.380 of the ordinance to
better specify the allowed use of monitoring and recorded data by local law enforcement.
A final recommended version of this change has been completed and is forwarded to the City
Commission for their consideration. Significant consideration was taken to forward changes in the
ordinance that satisfy three main objectives:
• the public can be assured the primary use of recorded data is to provide video evidence of
red light infractions to law enforcement and alleged violators;
• the public can be assured the use of other monitoring or recorded data by law enforcement
is being done for serious and legitimate uses,
• any use of monitoring or recorded data by law enforcement is legal.
On December 5, 2008, staff presented an initial ordinance draft to the Bozeman City Commission as part
of a policy meeting discussion. Public comment was allowed and staff was given a number of
recommendations to modify the ordinance prior to the first, formal reading of December 15, 2008.
Presented for the City Commissions review, public input and related discussion is the recommended
ordinance. This ordinance has been reviewed by interim City Attorney J. Robert Planalp. Some
highlights contained in this ordinance include:
• Allowance for Municipal (Civil) Infractions to be issued as the result of a vehicle being
driven through a red light and captured by a camera, or as a result of direct observation or
evidence presented to a Police Officer. Ultimately a police officer will maintain discretion to
issue a criminal citation, municipal (civil) infraction or warning as warranted.
• Focus on the safety of all citizens, to include occupants of vehicles, bicycle riders and
pedestrians.
• Specific language of a violation that is consistent with state law to avoid legal challenges.
• Fines established at a range between $135 and $300, with the $135 consistent with current
fines for similar state violations and $300 maximum to ensure compliance with Montana
Civil law.
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Commission Memorandum
• In the event of camera enforcement, owner is the responsible party, but has a means, should
the owner decide, to nominate the actual driver. Should the nominated person not respond,
the owner would be held liable for the infraction.
• Due process protection to allow for a civil action hearing, with related affirmative defenses
allowed, through Municipal Court.
• Specific language addressing the manner in which recorded images or video may be used by
law enforcement.
• Introduction of use of funds to ensure that operation costs are covered first by fines received,
with any excess funds controlled directly by the Bozeman City Commission.
City staff also received direction to have violations confirmed by a sworn officer for the first year.
Separate from the ordinance language itself, the Bozeman Police Department will follow this direction,
with both a civilian employee and sworn officer reviewing all infractions for the first year.
Between October 13, 2008 and December 5, 2008, the city received a copy of a legal opinion prepared by
the Bozeman firm Browning, Kaleczyc, Berry and Hoven, P.C. regarding the legality of red light camera
systems in Montana. This legal opinion indicated that Montana municipalities have the general authority
to implement and operate a red light camera system. The opinion further indicated that a red light camera
system, as implemented, should not be in violation of the Montana Constitution. The legal opinion gave
further guidance on ensuring due process was protected, recommend the use of civil, rather than criminal,
enforcement and lastly indicated that if an ordinance was crafted with these measures in mind, a red light
camera system should not be in violation of the Montana Code.
On October 13, 2008, the Bozeman City Commission heard a presentation and recommendation to adopt
the use of Automated Traffic Signal Camera Enforcement with use of contracted services through Redflex
Traffic Systems, Inc. The Bozeman City Commission voted to adopt the program, authorized city staff to
sign a contract with Redflex Traffic Systems, Inc., and directed staff to proceed with implementation of
the program.
The next step in implementation was the creation and ultimate adoption of local legislation allowing for
the use of cameras at traffic signal intersections, with a focus on any violations being civil in nature,
rather than criminal. The overall goal of the ordinance was to serve as a legally defensible, enforcement
mechanism to allow the city to enforce civil infractions as a means to reduce red light running, reduce
signal intersection crashes and improve the health and welfare of drivers of motor vehicles, occupants of
motor vehicles, citizens riding bicycles, pedestrians and citizens in general.
UNRESOLVED ISSUES: Final adoption of ordinance 1752, final business rules creation and final
intersection selection.
FISCAL EFFECTS: The digital automated red-light camera enforcement program is 100% violator
funded. If 100 violations occur or zero violations occur, the City is not responsible for paying Redflex
more than is received from violation payments. In fact, no payment goes to Redflex until a violation is
confirmed by the Bozeman Police Department and the responsible party has paid for the violation. A
portion of fines collected help pay to offset City costs of electricity; law enforcement personnel costs to
review violations, gather evidence packages and testify; finance personnel and court personnel costs
related to handling deposits, audits and appeals; and costs related to public awareness campaign to
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Commission Memorandum
educate the public. As indicated, additional fines received shall be used only at the direction of the
Bozeman City Commission.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Rich McLane, 582-2013, rmclane@bozeman.net / Debbie Arkell, 582-2315,
darkell@bozeman.net / Brit Fontenot, 582-2258, bfontenot@bozeman.net / Brendan Steele, 582-
2277, bsteele@bozeman.net / Bob Planalp, 582-2311, bplanalp@bozeman.net
APPROVED BY: Lieutenant Rich McLane, Bozeman Police Department
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ORDINANCE 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 of motor-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 of motor-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.
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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 Definitions
10.10.320 Traffic Control Signal Legend
10.10.330 Enforcement Procedures
10.10.340 Imposition of Civil Penalty for Municipal Infraction
10.10.350 Civil Action Hearing
10.10.360 Order
10.10.370 Effect of Liability
10.10.380 Real time monitoring and recorded data use
10.10.390 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.
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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 of:
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 a close-up or zoomed
image of the license plate attached to the rear of the motor
vehicle.
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c) the recorded video consists of:
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) Stop 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
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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
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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 30th 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:
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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 25th 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 5th 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:
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(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 25th 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
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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 25th 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.
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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:
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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.
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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 monitoring 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 a intersections to help locate fleeing
suspects involved in, but not limited to, crimes such as child abduction,
homicide, burglary, robbery or aggravated assaults.
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.
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b. To use as evidence to support a criminal citation issued by a Police Officer or
official, to include, but not limited to, red light violations, vehicular assaults,
and reckless driving.
c. To use as evidence to support a crash investigation involving motor-vehicles,
bicycles and/or pedestrians.
d. To use as evidence to support an investigation involving, but not limited to,
crimes such as child abduction, homicide, burglary, robbery or aggravated
assaults.
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) Remaining funds – 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
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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.
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.
Section 5
Effective Date
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 15th day of December 2008.
____________________________________
KAAREN JACOBSON, Mayor
ATTEST:
_______________________________
STACY ULMEN
City Clerk
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 12th day of January
2009. The effective date of this ordinance is February 12, 2009.
_________________________________
KAAREN JACOBSON, Mayor
ATTEST:
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_______________________________
STACY ULMEN
City Clerk
APPROVED AS TO FORM:
J. ROBERT PLANALP
Interim City Attorney
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