HomeMy WebLinkAbout097 - 07/16/2024 - AMENDING THE FORT COLLINS TRAFFIC CODE TO IMPLEMENT A NEW AUTOMATED VEHICLE IDENTIFICATION SYSTEM (AORDINANCE NO.097,2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE FORT COLLINS TRAFFIC CODE TO
IMPLEMENT A NEW AUTOMATED VEHICLE IDENTIFICATION
SYSTEM (AVIS)TO REPLACE THE PREVIOUSLY-APPROVED
AVIS TO SUPPORT THE TRAFFIC SAFETY INITIATIVE
A.The City currently utilizes an approved Automated Vehicle Identification
Systems (AVIS)to detect speeding violations and violations of red-light signals.This is
currently authorized under Fort Collins Traffic Code Section 615 and Section 1106.
B.Traffic speed and red-light violations are a concerning problem facing the
City of Fort Collins.Last year,the City experienced a record-high number of fatal and
injury collisions,many of which were associated with people driving beyond posted speed
limits.
C.In 2023 and 2024,changes to Colorado law related to the expanded use of
unmanned speed enforcement with AVIS,to allow detection of speed violations on
sections of roadways designated by the Council as speed corridors and additional
locations.
D.To allow for expanded use,the current Traffic Code needs to be updated.
Changes to City Traffic Code Section 615 and Section 1106 will align with state law
updates signed into law from Senate Bill 23-200 which updated Colorado Revised
Statutes (CRS)Section 424-110.5,permitting local and state governments to implement
AVIS within their jurisdictions along designated speed corridors and expanded locations.
E.The expansion of AVIS will allow the automated system to detect violations
of Traffic Code Section 615 for drivers who disobey traffic control signals or traffic signs,
and also used to detect speed violations identified in Part 11 of the Fort Collins Traffic
Code that occur within a school zone,as defined in CRS Section 42-4-615;within a
residential neighborhood;within a maintenance,construction,or repair zone designated
pursuant to CRS Section 42-4-614;along a street that borders a municipal park;or along
a street or portion of a street that the City has designated a speed corridor by ordinance
adopted by City Council.
F.The expansion of AVIS and designation of speed corridors throughout the
city will help promote traffic safety through speed enforcement and supports Vision Zero,
the City Council’s goal of eliminating Fort Collins roadway fatalities and reducing injury
crashes.
In light of the foregoing recitals,which the Council hereby makes and adopts as
determinations and findings,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1.Section 615 of the Fort Collins Traffic Code is hereby repealed in its
entirety and re-enacted to read as follows:
615.-Use of Automated Vehicle Identification System.
(1)Fort Collins Police Services is authorized to use an Automated Vehicle
Identification System (“AVIS”)within the city to detect violations of Section
604(1 )(c)of the Fort Collins Traffic Code at signalized intersections.
(2)(a)As used in this Section,the term “AVIS”or “automated vehicle
identification system”means a system whereby:
(I)A machine is used to automatically detect a violation of a
traffic regulation and simultaneously record a photograph or
video of the vehicle and the license plate of the vehicle;and
(II)A notice of violation or civil penalty assessment notice may be
issued to the registered owner of the motor vehicle.
(b)AVIS includes a system used to detect a violation of Part 11 of the
Fort Collins Traffic Code,a system used to detect violations of traffic
restrictions imposed by traffic signals or traffic signs,and a system
used to detect violations of bus lane or bicycle lane restrictions.
(c)“State highway”means any highway that is owned by or maintained
by the state.“State highway”does not include a public highway
operated by a public highway authority in accordance with the “Public
Highway Authority Law”,Part 5 of Article 4 of Colorado Revised
Statutes Title 43.
(3)An AVIS designed to detect disobedience of Section 604(1)(c)of the Fort
Collins Traffic Code shall not be used unless the City conspicuously posts
a sign notifying the public that an AVIS is in use immediately ahead.The
sign shall:
(a)Be placed in a conspicuous location not fewer than two hundred
(200)feet nor more than five hundred (500)feet before the AVIS;and
(b)Use lettering that is at least four (4)inches high for upper case letters
and two and nine-tenths (2 9/10)inches high for lower case letters.
(4)(a)When a peace officer or employee of the City,based on evidence
obtained in whole or part by means of an AVIS,has probable cause
to believe that a vehicle has been driven in a manner in violation of
Section 604(1 )(c)of the Fort Collins Traffic Code,the peace officer
or employee of the City shall issue,or cause its vendor to issue,to
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the registered owner of the motor vehicle involved in the alleged
violation,by first-class mail,personal service,or by any mail delivery
service offered by an entity other than the United States postal
service that is equivalent to or superior to first-class mail with respect
to delivery speed,reliability,and price,a notice of violation:
(I)Not less than seven (7)days prior to the time the charged
person is required in the notice of violation to appear in
Municipal Court.
(II)Within thirty (30)days after the alleged violation occurred if
the motor vehicle involved in the alleged violation is registered
in the state;or
(Ill)Within sixty (60)days after the alleged violation occurred if the
motor vehicle involved in the alleged violation is registered
outside of the state.
(b)The notice of violation must contain:
(I)The name and address of the registered owner of the motor
vehicle involved in the alleged violation;
(II)The license plate number of the motor vehicle involved in the
alleged violation;
(Ill)The date,time,and location of the alleged violation;
(IV)The amount of the civil penalty prescribed for the alleged
violation;
(V)The deadline for payment of the prescribed civil penalty and
for disputing the alleged violation;and
(VI)Information on how the registered owner may either dispute
the alleged violation in a hearing or pay the prescribed civil
penalty.
(c)(I)If the City does not receive the prescribed civil penalty or a
written notice requesting a hearing to dispute the alleged
violation by the deadline stated on the notice of violation,
which deadline must not be less than forty-five (45)days after
the issuance date on the notice of violation,the City shall
issue,or cause its vendor to issue,by first-class mail,personal
service,or by any mail delivery service offered by an entity
other than the United States postal service that is equivalent
to or superior to first-class mail with respect to delivery speed
reliability,and price,a civil penalty assessment notice for the
alleged violation to the registered owner of the motor vehicle
involved in the alleged violation no later than thirty (30)days
after the deadline on the notice of violation.
(II)The civil penalty assessment notice must contain:
(A)The name and address of the registered owner of the
motor vehicle involved in the alleged violation;
(B)The license plate of the motor vehicle involved in the
alleged violation;
(C)The date,time,and location of the alleged violation;
(D)The amount of the civil penalty prescribed for the
alleged violation;
(E)The deadline for payment of the prescribed civil
penalty;
(F)Information on how to pay the prescribed civil penalty.
(d)If the registered owner of the motor vehicle fails to request a hearing
to dispute the alleged violation 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.
(e)If the registered owner of the motor vehicle fails to pay in full the
prescribed civil penalty by the deadline stated in the civil penalty
assessment notice,a final order of liability shall be entered against
the registered owner of the vehicle.
(f)If the registered owner of a motor vehicle involved in a traffic violation
under traffic regulations adopted by the City 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 lessor or renter of the motor vehicle and forward the
payment to the City.
(g)Final orders may be appealed as to matters of law and fact to the
Municipal Court.The registered owner of the motor vehicle may
assert in an appeal that a notice of violation served by first-class mail
or other mail delivery service was not actually delivered.The appeal
shall be a de novo hearing.
(h)The City shall not initiate or pursue a collection action against a
registered owner of a motor vehicle for a debt resulting from an
unpaid penalty assessed pursuant to this Section unless the
registered owner is personally served the notice of violation or the
final order of liability.
(i)If the vehicle is registered in more than one (1)person’s name,the
notice of violation shall be issued to that registrant or driver who the
issuing peace officer or employee of the City determines,under all
the facts and circumstances,was the person most likely depicted in
the photographs produced by the AVIS.The notice of violation shall
contain the signature,or a reasonable facsimile thereof,of the peace
officer or employee of the city issuing the notice of violation.
(j)If a notice for a violation detected using an AVIS is personally served,
the City may only charge the actual costs of service of process that
shall be no more than the amount usually charged for civil service of
process.
(5)When a person is served with a notice of violation under this Section,the
person shall.
(a)If admitting the charge,complete the notice of violation form by
providing their driver’s license number and other pertinent
information requested in the form,and return the completed notice
of violation form,together with the payment of the fine assessed,to
the Municipal Court on or before the time specified in the notice of
violation for the charged person to appear in court;or
(b)If contesting the charge,appear in Municipal Court at the time
specified in the notice of violation for arraignment.
(6)(a)Proof that a particular vehicle entered an intersection in violation of
Section 604(1 )(c)of the Fort Collins Traffic Code as detected by an
AVIS and as shown by the photographs produced by the AVIS,
together with proof that the particular vehicle is registered in the
charged person’s name,shall raise the evidentiary presumption and
constitute prima facie evidence in any prosecution of a violation of
Section 604(1 )(c)of the Fort Collins Traffic Code of the fact that the
charged person was the person driving the vehicle depicted in the
photographs.however,such evidence and presumption may be
rebutted by the presentation of any probative and competent
evidence that the charged person was not the driver shown in the
photographs.
(b)The City shall not require a registered owner of a vehicle to disclose
the identity of a driver of the vehicle who is detected through the use
of an AVIS.However,the registered owner may be required to
submit evidence that the owner was not the driver at the time of the
alleged violation.
(7)In any proceeding in Municipal Court to prosecute a violation of Section
604(1)(c)of the Fort Collins Traffic Code,the photographs produced by
AVIS concerning the violation shall be admissible in court as prima facie
evidence of a violation of Section 604(1 )(c)of the Fort Collins Traffic Code,
provided that the peace officer or employee of the City who activated and
tested the AVIS prior to the photographs being taken testifies as to the
placement of the AVIS and the accuracy of the scene depicted in the
photographs,and further testifies that they tested the AVIS for proper
operation within a reasonable period of time both before and after the taking
of the photograph.Also,to be so admissible in Municipal Court,the
photographs must be of sufficient quality to permit identification of the driver
of the vehicle.
(8)Nothing in this Section applies to a violation detected by an AVIS for driving
twenty-five (25)miles per hour or more in excess of the reasonable and
prudent speed or twenty-five (25)miles per hour or more in excess of the
maximum speed limit of seventy-five (75)miles per hour detected by the
use of an AVIS.
(9)If the City detects a violation of a municipal traffic regulation for
disobedience to a traffic control signal through the use of an AVIS the
maximum civil penalty that the City may impose for such violation,including
any surcharge,is seventy-five dollars ($75).
(10)If a registered owner fails to pay a penalty imposed for a violation of a
municipal traffic regulation detected using an AVIS,the City shall not
attempt to enforce such a penalty by immobilizing the registered owners
vehicle.
(11)The Colorado Department of Motor Vehicles has no authority to assess any
points against a license under Colorado Revised Statutes Section 42-2-127
upon entry of a conviction or judgment for a violation of the Fort Collins
Traffic Code if the violation was detected through the use of an AVIS.Said
Department shall not keep any record of such violation in the official records
maintained by the Department under Colorado Revised Statutes Section
42-2-121.
(12)Notwithstanding any other provision of the statutes to the contrary,the City
shall not report to the Colorado Department of Motor Vehicles any
conviction or entry of judgment against a defendant for violation of a Fort
Collins Traffic Code if the violation was detected through the use of an AVIS.
(13)(a)If the City implements a new AVIS that is not a replacement of an
AVIS:
(I)The agency responsible for the AVIS shall publicly announce
the implementation of the system through its website for at
least thirty (30)days prior to the use of the system;and
(II)For the first thirty (30)days after the system is installed or
deployed,only warnings may be issued for violations of a
municipal traffic regulation detected by the system.
(b)The City may conduct an extended public information campaign or
warning period for systems installed or deployed.
(14)No portion of any fine collected through the use of AVIS may be paid to the
manufacturer or vendor of the AVIS equipment.The compensation paid by
the City for such equipment shall be based upon the value of such
equipment and the value of any services provided to the City and may not
be based upon the number of traffic citations issued or the revenue
generated by such equipment or services.
(15)The City and any vendor operating an AVIS shall,unless otherwise provided
in this Section:
(a)Program the AVIS to retain data only when a violation of a county or
municipal traffic regulation or traffic violation under state law occurs;
(b)Treat all photographs and video collected by the automated motor
vehicle identification system as confidential and exempt from
disclosure and inspection pursuant to the “Colorado Open Records
Act”,Part 2 of Article 72 of Colorado Revised Statutes Title 24;
(c)Not use,disclose,sell,or permit access to photographs,video,or
personal identifiable data collected by the AVIS 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 vendor or operating system,or,pursuant
to a court order,for use in unrelated legal proceedings;and
(d)Destroy any photographs and video of a violation collected by the
AVIS within three (3)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.
Section 2.Section 1106 of the Fort Collins Traffic Code is hereby repealed in
its entirety and re-enacted to read as follows:
1106.-Automated Vehicle Identification System speed enforcement.
(1)(a)Fort Collins Police Services is authorized to use an Automated
Vehicle Identification System (“AVIS”)to detect violations of Part 11
of the Fort Collins Traffic Code within the City that occur within a
school zone,as defined in Colorado Revised Statutes Section 42-4-
615;within a residential neighborhood;within a maintenance,
construction,or repair zone designated pursuant to Colorado
Revised Statutes Section 42-4-614;along a street that borders a
municipal park;or along a street or portion of a street that the City
has designated a speed corridor by ordinance adopted by City
Council.
(b)As used in this Section,the term “AVIS”or “automated vehicle
identification system”means a system whereby:
(I)A machine is used to automatically detect a violation of a
traffic regulation and simultaneously record a photograph or
video of the vehicle and the license plate of the vehicle;and
(II)A notice of violation or civil penalty assessment notice may be
issued to the registered owner of the motor vehicle.
(c)AVIS includes a system used to detect a violation of Part 11 of the
Fort Collins Traffic Code,a system used to detect violations of traffic
restrictions imposed by traffic signals or traffic signs,and a system
used to detect violations of bus lane or bicycle lane restrictions.
(d)As used in this Subsection (1),unless the context otherwise requires,
“residential neighborhood”means any block on which a majority of
the improvements along both sides of the street are residential
dwellings and the speed limit is thirty-five (35)miles per hour or less.
(e)“State highway”means any highway that is owned by or maintained
by the State of Colorado.“State highway”does not include a public
highway operated by a public highway authority in accordance with
the “Public Highway Authority Law”,Part 5 of Article 4 of Colorado
Revised Statutes Title 43.
(2)Before the City designates an automated vehicle identification corridor on a
state highway,the City shall notify the Colorado Department of
Transportation,unless the automated vehicle identification corridor on a
state highway is designated by ordinance before January 1,2025.
(3)After the City designates an automated vehicle identification corridor on a
state highway,the City shall coordinate with the Colorado Department of
Transportation.Coordination must include demonstrating that the
requirements set forth in Subsection (5)(a)of this Section have been met
and,if needed,applying for a special use permit to install any devices or
signage on department of transportation right-of-way if the segment of the
highway in questions is maintained by the State.The City shall alert the
Department of Transportation when the automated vehicle identification
corridor begins operations or permanently ceases operations on a state
highway.
(4)Before the City begins the operation of an AVIS in an automated vehicle
identification corridor on a county road,the City shall notify the Colorado
State Patrol.
(5)(a)Before the City begins operation of an AVIS in an automated vehicle
identification corridor,the City must:
(I)Post a permanent sign in a conspicuous place not fewer than
three hundred (300)feet before the beginning of the corridor;
and
(II)Post a permanent sign not fewer than three hundred (300)feet
before each static camera within the corridor thereafter or a
temporary sign not fewer than three hundred (300)feet before
any mobile camera;and
(Ill)Illustrate,through data collected within the past five (5)years,
incidents of crashes,speeding,reckless driving,or community
complaints on a street designated as an automated vehicle
identification corridor;
(b)The City shall publish a report quarterly on its website disclosing the
number of citations and revenue collected by Municipal Court by the
automated vehicle identification corridor.
(c)City staff shall provide updates to Council every two years on the
performance of the adopted speed corridors and adjust based on
data and direction from Council.
(d)The City shall not locate an AVIS or create an automated vehicle
identification corridor on any highway that is a part of the federal
interstate highway system.
(a)When a peace officer or employee of the City,based on evidence
obtained in whole or part by means of an AVIS,has probable cause
to believe a vehicle has been driven in excess of the legal speed
limit,the peace officer or employee of the City shall issue,or cause
its vendor to issue,to the registered owner of the motor vehicle
involved in the alleged violation,by first-class mail,personal service,
or by any mail delivery service offered by an entity other than the
United States postal service that is equivalent to or superior to first-
class mail with respect to delivery speed,reliability,and price,a
notice of violation:
(I)not less than seven (7)days prior to the time the charged
person is required in the notice of violation to appear in
Municipal Court.
(II)Within thirty (30)days after the alleged violation occurred if
the motor vehicle involved in the alleged violation is registered
in the state;or
(III)Within sixty (60)days afterthe alleged violation occurred if the
motor vehicle involved in the alleged violation is registered
outside of the state.
(b)The notice of violation must contain:
(I)The name and address of the registered owner of the motor
vehicle involved in the alleged violation;
(II)The license plate number of the motor vehicle involved in the
alleged violation;
(III)The date,time,and location of the alleged violation;
(IV)The amount of the civil penalty prescribed for the alleged
violation;
(V)The deadline for payment of the prescribed civil penalty and
for disputing the alleged violation;and
(VI)Information on how the registered owner may either dispute
the alleged violation in a hearing or pay the prescribed civil
penalty.
(c)(I)If the City does not receive the prescribed civil penalty or a
written notice requesting a hearing to dispute the alleged
violation by the deadline stated on the notice of violation,
which deadline must not be less than forty-five (45)days after
the issuance date on the notice of violation,the City shall
issue,or cause its vendor to issue,by first-class mail,personal
service,or by any mail delivery service offered by an entity
other than the United States postal service that is equivalent
to or superior to first-class mail with respect to delivery speed,
reliability,and price,a civil penalty assessment notice for the
alleged violation to the registered owner of the motor vehicle
involved in the alleged violation no later than thirty (30)days
after the deadline on the notice of violation.
(II)The civil penalty assessment notice must contain:
(A)The name and address of the registered owner of the
motor vehicle involved in the alleged violation;
(B)The license plate of the motor vehicle involved in the
alleged violation;
(C)The date,time,and location of the alleged violation;
(D)The amount of the civil penalty prescribed for the
alleged violation;
(E)The deadline for payment of the prescribed civil
penalty;
(F)Information on how to pay the prescribed civil penalty.
If the registered owner of the motor vehicle fails to request a hearing
to dispute the alleged violation 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.
If the registered owner of the motor vehicle fails to pay in full the
prescribed civil penalty by the deadline stated in the civil penalty
assessment notice,a final order of liability shall be entered against
the registered owner of the vehicle.
If the registered owner of a motor vehicle involved in a traffic violation
under traffic regulations adopted by the City 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 lessor or renter of the motor vehicle and forward the
payment to the City.
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(g)Final orders may be appealed as to matters of law and fact to the
Municipal Court.The registered owner of the motor vehicle may
assert in an appeal that a notice of violation served by first-class mail
or other mail delivery service was not actually delivered.The appeal
shall be a de novo hearing.
(h)The City shall not initiate or pursue a collection action against a
registered owner of a motor vehicle for a debt resulting from an
unpaid penalty assessed pursuant to this Section unless the
registered owner is personally served the notice of violation or the
final order of liability.
(i)If the vehicle is registered in more than one (1)person’s name,the
notice of violation shall be issued to that registrant who the issuing
peace officer or employee of the City determines,under all the facts
and circumstances,is the person most likely depicted in the
photograph produced by the AVIS.The notice of violation shall
contain the signature,or a reasonable facsimile thereof,of the peace
officer or employee of the City issuing the notice of violation.
U)If a notice of violation detected using an AVIS is personally served,
the City may only charge the actual costs of service of process that
shall be no more than the amount usually charged for civil service of
process.
(5)When a person is served with a notice of violation under this Section,the
person shall:
(a)If admitting the charge,complete the notice of violation form,
providing their driver’s license number and other pertinent information
requested in the form,and return the completed notice of violation form,
together with the payment of the fine assessed,to the Municipal Court on
or before the time specified in the notice of violation for the charged person
to appear in court;or
(b)If contesting the charge,appear in Municipal Court at the time
specified in the notice of violation for arraignment.
(6)(a)Proof that a particular vehicle was exceeding the legal speed limit as
detected by an AVIS and as shown by the photograph produced by
the AVIS,together with proof that the particular vehicle is registered
in the charged person’s name,shall raise the evidentiary
presumption and constitute prima facie evidence in any prosecution
of a violation under Part 11 of the Fort Collins Traffic Code of the fact
that the charged person was the person driving the vehicle depicted
in the photograph.However,such evidence and presumption may
be rebutted by the presentation of any probative and competent
evidence that the charged person was not the driver shown in the
photograph.
(b)The City shall not require a registered owner of a vehicle to disclose
the identity of a driver of the vehicle who is detected through the use
of an AVIS.However,the registered owner may be required to
submit evidence that the owner was not the driver at the time of the
alleged violation.
(7)In any proceeding in Municipal Court to prosecute a violation of this Section,
any photograph produced by an AVIS concerning the violation,upon which
is printed the vehicle’s speed,shall be admissible in court as prima facie
evidence of the speed of the vehicle depicted in the photograph,provided
that the peace officer or employee of the City who activated the AVIS prior
to the photograph being taken testifies asto the placement of the AVIS and
the accuracy of the scene depicted in the photograph,and further testifies
that they tested the radar unit of the camera radar for proper calibration
before and after the taking of the photograph.Also,to be so admissible in
Municipal Court,the photograph must be of sufficient quality to permit
identification of the driver of the vehicle.
(8)(a)If the City detects a speeding violation of less than ten (10)miles per
hour over the reasonable and prudent speed under Part 11 of the Fort
Collins Traffic Code through the use of an AVIS,the City may mail the
registered owner a warning regarding the violation.No notice of violation
will be issued for speeding less than ten (10)miles per hour under the
posted speed limit.
(b)The maximum penalty that the City may impose for a violation of Part
11 of the Fort Collins Traffic Code detected by an AVIS,including any
surcharge,is forty dollars ($40).
(c)If any violation under Part 11 of the Fort Collins Traffic Code through
the use of an AVIS occurs within a school zone,as defined in
Colorado Revised Statutes Section 42-4-615,or a repair zone
designated pursuant to Colorado Revised Statutes Section 42-4-
614,the maximum penalty that may be imposed shall be doubled.
(9)For detection of a violation by an AVIS for driving twenty-five (25)miles per
hour or more in excess of the reasonable and prudent speed or twenty-five
(25)miles per hour or more in excess of the maximum speed limit of
seventy-five (75)miles per hour detected by the use of an AVIS,a citation
will be personally served upon the driver and the maximum penalty in
Section (8)do not apply.
(10)If a registered owner fails to pay a penalty imposed for a violation of the Fort
Collins Traffic Code detected using an AVIS,the City shall not attempt to
enforce such a penalty by immobilizing the registered owner’s vehicle.
(11)The Colorado Department of Motor Vehicles has no authority to assess any
points against a license under Colorado Revised Statutes Section 42-2-127
upon entry of a conviction or judgment for a violation of the Fort Collins
Traffic Code if the violation was detected through the use of an AVIS.The
Colorado Department of Motor Vehicles shall not keep any record of such
violation in the official records maintained by the department under
Colorado Revised Statutes Section 42-2-121.
(12)Notwithstanding any other provision of the statutes to the contrary,the City
shall not report to the Colorado Department of Motor Vehicles any
conviction or entry of judgment against a defendant for violation of the Fort
Collins Traffic Code if the violation was detected through the use of an AVIS.
(13)(a)If the City implements new AVIS measures beyond those already in
operation as of July 26,2024:
(I)The agency responsible for the AVIS shall publicly announce
the implementation of the new system measures through its
website for at least thirty (30)days prior to the use of the new
system measures;and
(II)For at least the first thirty (30)days after the new measures
are installed or deployed,only warnings may be issued for
violations of the Fort Collins Traffic Code detected by the new
measures.
(b)The City may conduct an extended public information campaign or
warning period for new AVIS measures installed or deployed or
corridors as designated by ordinance.
(14)No portion of any fine collected through the use of AVIS may be paid to the
manufacturer or vendor of the AVIS equipment.The compensation paid by
the City for such equipment shall be based upon the value of such
equipment and the value of any services provided to the City and may not
be based upon the number of traffic citations issued or the revenue
generated by such equipment or services.
(15)The City and any vendor operating an AVIS shall,unless otherwise provided
in this Section:
(a)Program the AVIS to retain data only when a violation of a county or
municipal traffic regulation or traffic violation under state law occurs;
(b)Treat all photographs and video collected by the AVIS as confidential
and exempt from disclosure and inspection pursuant to the
“Colorado Open Records Act”,Part 2 of Article 72 of Colorado
Revised Statutes Title 24;
(c)Not use,disclose,sell,or permit access to photographs,video,or
personal identifiable data collected by the AVIS 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 vendor or operating system,or,pursuant
to a court order,for use in unrelated legal proceedings;and
(d)Destroy any photographs and video of a violation collected by the
AVIS within three (3)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.
Introduced,considered favorably on first reading on July 2,2024,and approved
on second reading for final passage on the July 16,2024.
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ATTEST:
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ity Cf
Effective Date:July 26,2024
Approving Attorney:Dawn Downs