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HomeMy WebLinkAbout060 - 05/21/1996 - AMENDING CITY CODE RELATING TO CAMERA RADAR SPEED ENFORCEMENT UNDER THE MODEL TRAFFIC CODE FOR COLOR ORDINANCE NO. 60, 1996 OF THE COUNCIL OF THE CITY OF FORT COLLINS RELATING TO CAMERA-RADAR SPEED ENFORCEMENT UNDER THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES," 1977 EDITION WHEREAS,the recent growth of traffic volume in the City of Fort Collins has contributed to an increase in the number of traffic accidents and fatalities; and WHEREAS, a significant share of traffic accidents and fatalities are caused by motorists ignoring the legal speed limits; and WHEREAS,the existing traffic law enforcement resources of Fort Collins Police Services cannot adequately address this problem and, therefore, there is need for an alternative means of traffic speed enforcement; and WHEREAS, automated camera-radar enforcement systems that use radar and a camera to photographically record motorists violating speed limits have been shown in other communities to be a significant deterrent to speeding violations when motorists are aware that such an automated system is being used in their community; and WHEREAS, within three (3) years of beginning to use an automated camera-radar system to enforce speeding violations,some communities have experienced as much as a fifty percent(50%) reduction in the number of traffic accidents; and WHEREAS, it is in the best interests of the health, safety and welfare of the citizens of Fort Collins that amendments be made to the 1977 Edition of the "Model Traffic Code for Colorado Municipalities" as adopted and amended in the City Code to facilitate Fort Collins Police Services' use of automated camera-radar speed enforcement systems to enforce the City's existing speed limits. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 28-17 of the Code of the City of Fort Collins hereby be amended to add Section 4-10 of the "Model Traffic Code for Colorado Municipalities," 1977 Edition, to read as follows: Section 4-10. Camera-radar speed enforcement. (a) Fort Collins Police Services is authorized to use camera radar within the City to detect violations under this Article IV. (b) As used in this section, camera radar shall mean a device used for street and highway speed enforcement consisting of a camera and a radar unit or other speed measurement device that can be programmed to automatically produce a photograph that depicts a vehicle that has exceeded the speed limit and depicts the driver of the vehicle, upon which photograph is printed the vehicle's speed and the date, approximate time of day, and approximate location of the violation. (c) When a peace officer,based on evidence obtained in whole or part by means of camera radar, has probable cause to believe that a vehicle has been driven in excess of the legal speed limit, the peace officer may issue, or cause to be issued through a contractor designated by the City, a summons and complaint charging the person in whose name the vehicle is registered with the speeding violation. If, however,the vehicle is registered in more than one person's name,the summons and complaint shall be issued to that registrant who the issuing peace officer determines, under all the facts and circumstances, is the person most likely depicted in the photograph produced by the camera radar. The summons and complaint shall contain the signature, or a reasonable facsimile thereof, of the peace officer issuing the summons and complaint. (d) In order to obtain personal jurisdiction in municipal court over the person charged in the summons and complaint,a copy of the summons and complaint issued under this section must be personally served upon the person charged with the speeding violation or, in lieu of such personal service, by leaving a copy of the summons and complaint at the charged person's usual place of abode with some person over the age of eighteen (18)years residing therein or by mailing a copy to the charged person's last known address by certified mail, return receipt requested, not less than five (5) days prior to the time the charged person is required in the summons and complaint to appear in municipal court. (e) When a person is served with a summons and complaint under this section, the person shall: (1) if admitting the charge,complete the summons and complaint form by providing his or her driver's license number and other pertinent information requested in the form, and return the completed summons and complaint form,together with the payment of the fine assessed,to the municipal court on or before the time specified in the summons and complaint for the charged person to appear in court; or (2) if contesting the charge, appear in municipal court at the time specified in the summons and complaint for arraignment. (f) Proof that a particular vehicle was exceeding the legal speed limit as detected by camera radar and as shown by the photograph produced by camera radar, together with proof that the particular vehicle is registered in the charged person's name, shall raise the evidentiary presumption and constitute prima &gk evidence in any prosecution of a violation under this Article IV of the fact that the charged person 2 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. (g) In any proceeding in municipal court to prosecute a violation of this Article IV, any photograph produced by camera radar concerning the violation,upon which is printed the vehicle's speed, shall be admissible in court as prjjO Pack evidence of the speed of the vehicle depicted in the photograph, provided that the peace officer who activated the camera radar prior to the photograph being taken testifies as to the placement of the camera radar and the accuracy of the scene depicted in the photograph, and further testifies that he or she tested the radar unit of the camera radar for proper calibration within a reasonable period of time both 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. Introduced,considered favorably on first reading,and ordered published this 7th day of May, A.D. 1996, and to be presented for final passage on the 21 st day of May, A.D. 1996. Mayor ATTEST: IL -�-i—\ City Clerk Passed and adopted on final reading this 21 st day of May,.A. ".— 96. ayor ATTEST: City Clerk 3