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HomeMy WebLinkAbout5411-8/7/2017Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5411 AN ORDINANCE AMENDING THE 2007 CITY OF WATERLOO CODE OF ORDINANCES BY ENACTING A NEW TITLE 6, MOTOR VEHICLES AND TRAFFIC, CHAPTER 1 TRAFFIC CODE BY ADDING SECTION 4; AUTOMATED TRAFFIC ENFORCEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: Section 1. That Chapter 1, Traffic Code, of Title 6, Motor Vehicles and Traffic is hereby enacted by adding Section 4 as follows: 6-1-4: AUTOMATED TRAFFIC ENFORCEMENT A. General: The City of Waterloo, in accordance with its police powers, may deploy, erect or cause to have erected an automated traffic enforcement system for making video images of vehicles that fail to obey red light traffic signals at intersections designated by the Chief of Police, or his designee, or fail to obey speed regulations at other locations in the city. The systems may be managed by the private contractor that owns and operates the requisite equipment with supervisory control vested in the city's police department. Video images shall be provided to the police department by the contractor for review. The police department will determine which vehicle owners are in violation of the city's traffic control ordinances and are to receive a notice of violation for the offense. B. Definitions: 1. Automated Traffic Citation shall mean a notice of fine generated in connection with the automated traffic enforcement system. 2. Automated Traffic Enforcement Contractor shall mean the company or entity, if any, with which the City of Waterloo contracts to provide equipment and/or services in connection with the Automated Traffic Enforcement System. 3. Automated Traffic Enforcement System shall mean an electronic system consisting of a photographic, video, or electronic camera and a vehicle sensor installed to work in conjunction with an official traffic controller or police department employee to automatically produce photographs, video or digital images of each vehicle violating a standard traffic control device or speed restriction. 4. Vehicle Owner shall mean the person or entity identified by the Iowa Department of Transportation, or registered with any other state vehicle registration office, as the registered owner of a vehicle. C. Vehicle Owner's Civil Liability for Certain Traffic Offenses: 1. The Vehicle Owner shall be liable for a fine as imposed below if such a vehicle crosses a marked stop line or the intersection plane at a system location when the traffic signal for that vehicle's direction is emitting a steady red light or arrow. 2. The Vehicle Owner shall be liable for a fine as imposed below if such vehicle travels at a speed above the posted limit 3. The violation may be exempted from liability as outlined below in subsection (f.) of this section, and other defenses may be considered in connection with the appeal process. 4. In no event will an Automated Traffic Citation be sent or reported to the Iowa Department of Transportation or similar department of any other state for the purpose of being added to the Vehicle Owner's driving record. D. Notice of Violation; Fine: Ordinance No. 5411 Page 2 1. Notice of the violation will be mailed to the Vehicle Owner for each violation recorded by an Automated Traffic Enforcement System or traffic control signal monitoring device. The Automated Traffic Enforcement Contractor shall mail the notice within 30 days after receiving information about the Vehicle Owner. The notice shall include the name and address of the Vehicle Owner; the vehicle make, if available and readily discernable, and registration number; the violation charged; the time; the date; and the location of the alleged violation; the applicable fine and monetary penalty which shall be assessed for late payment; information as to the availability of an administrative hearing in which the notice may be contested on its merits; and that the basis of the notice is a photographic record obtained by an Automated Traffic Enforcement System. 2. Any violation of subsection C.1. or C.2. above shall be subject to a civil fine as established by resolution. All civil fines shall be payable to the City of Waterloo. E. Contesting an Automated Traffic Citation. A Vehicle Owner who has been issued an Automated Traffic Citation may contest the citation as follows: 1. By submitting in a form specified by the City a request for an administrative hearing to be held at the Waterloo Police Department before an administrative appeals board (the "Board") consisting of one or more impartial fact finders. Such a request must be filed within 30 days from the date on which Notice of the violation is sent to the Vehicle Owner. After a hearing, the Board may either uphold or dismiss the Automated Traffic Citation, and shall mail its written decision within 10 days after the hearing, to the address provided on the request for hearing. If the citation is upheld, then the Board shall include in its written decision a date by which the fine must be paid, and on or before that date, the Vehicle Owner shall either pay the fine or submit a request pursuant to the next paragraph, E.2. 2. By submitting in a form specified by the City a request that in lieu of the Automated Traffic Citation, a municipal infraction citation be issued and filed with the Clerk of Courts of the Iowa District Court in Black Hawk County. Such a request must be filed within 30 days from the date on which Notice of the violation is sent to the Vehicle Owner. Such a request will result in a court order requiring the Vehicle Owner to file an answer and appearance with the Clerk of Court, as well as setting the matter for trial before a judge or magistrate. If the Court finds the Vehicle Owner guilty of the municipal infraction, mandated court costs will be added to the amount of the fine imposed by this section. F. Exceptions to Owner Liability. There shall be no liability pursuant to this section if: 1. The operator of the vehicle in question was issued a municipal infraction for the violation in question pursuant to Waterloo Code 6-1-1; or 2. The violation occurred at any time after the vehicle in question or its state registration plates were reported to a law enforcement agency as having been stolen, provided, however, the vehicle or its plates had not been recovered by the Vehicle Owner at the time of the alleged violation; or 3. The vehicle in question was an authorized emergency vehicle; or 4. The officer inspecting the recorded image determines that the vehicle in question was lawfully participating in a funeral procession; or 5. The officer inspecting the recorded image determines that the vehicle in question entered the intersection in order to yield the right-of-way to an emergency vehicle. G. Failure to Timely Pay or Appeal. If the recipient of an Automated Traffic Citation does not either pay the fine by the due date stated in the citation or appeal the citation as provided herein, a municipal infraction may be filed by the Waterloo Police Department and a fine may be sought in accordance with Waterloo Code 6-1-1 rather than subsection (d.) above. If the Court finds the Vehicle Owner guilty of the violation, mandated court costs will be added to the amount of the fine imposed by this section. Ordinance No. 5411 Page 3 Section 2. That the City Clerk is hereby directed to file a certified copy of this Ordinance with the Recorder of Black Hawk County, Iowa. INTRODUCED: July 17, 2017 PASSED lst CONSIDERATION: July 17, 2017 PASSED 2nd CONSIDERATION: July 24, 2017 PASSED 3rd CONSIDERATION: August 7, 2017 PASSED AND ADOPTED this 7th day of August 2017. Quentin Hart, Mayor ATTEST: Kelley Felc City Clerk