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HomeMy WebLinkAbout061 - 05/21/1996 - AMENDING CITY CODE RELATING TO THE ENFORCEMENT OF RED LIGHT VIOLATIONS OF THE MODEL TRAFFIC CODE FOR ORDINANCE NO. 61, 1996 OF THE COUNCIL OF THE CITY OF FORT COLLINS RELATING TO THE ENFORCEMENT OF RED-LIGHT VIOLATIONS UNDER SECTION 15-5(c) OF THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES," 1977 EDITION, BY THE USE OF AUTOMATED RED-LIGHT CAMERA ENFORCEMENT SYSTEMS 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 traffic-control signal lights at intersections and, as a result,driving into the path of crossing or on-coming traffic; 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 to enforce Model Traffic Code Section 15-5(c)which requires, in part, that traffic facing a steady red- light stop before entering the intersection; and WHEREAS, automated red-light camera enforcement systems that use a camera to photographically record violations occurring at signalized intersections have been shown in other communities to be a significant deterrent to such violations when motorists are aware that such an automated system is being used in their community; and WHEREAS,when automated red-light camera enforcement systems have been used in other communities to enforce red-light violations occurring at signalized intersections, there has been as much as a forty percent(40%) reduction in such violations; 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 in order to facilitate Fort Collins Police Services' use of automated red-light camera enforcement systems to enforce red-light violations. 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 15-14 of the "Model Traffic Code for Colorado Municipalities," 1977 Edition, to read as follows: Section 15-14. Use of red-light camera. (a) Fort Collins Police Services is authorized to use red-light cameras within the City to detect violations of Section 15-5(c) at signalized intersections. (b) As used in this section, red-light camera shall mean a device operated by a peace officer, or by a contractor designated by the City, that is placed in a fixed location at a signalized intersection and that is programmed to automatically produce photographs depicting any vehicle whose driver has violated the provisions of Section 15-5(c) at the intersection. The photographs depict the vehicle's location in the intersection,the vehicle's license plate, and the driver of the vehicle. Printed on the photographs are the date of the violation, the approximate time of the violation, the approximate location of the violation, and the speed of the vehicle. (c) When a peace officer,based on evidence obtained in whole or part by means of a red-light camera,has probable cause to believe that a vehicle has been driven in a manner in violation of Section 15-5(c), 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 violation of Section 15-5(c). 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,was the person most likely depicted in the photographs produced by the red-light camera. 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 violation of Section 15-5(c) 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. 2 (f) Proof that a particular vehicle entered an intersection in violation of Section 15-5(c) as detected by a red-light camera and as shown by the photographs produced by the red-light camera, together with proof that the particular vehicle is registered in the charged person's name, shall raise the evidentiary presumption and constitute 1d=facie evidence in any prosecution of a violation Section 15-5(c) 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. (g) In any proceeding in municipal court to prosecute a violation of Section 15- 5(c),the photographs produced by a red-light camera concerning the violation shall be admissible in court as prima facie evidence of a violation of Section 15-5(c), provided that the peace officer who activated and tested the red-light camera prior to the photographs being taken testifies as to the placement of the red-light camera and the accuracy of the scene depicted in the photographs, and further testifies that he or she tested the red light camera 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. Introduced,considered favorably on first reading,and ordered published this Ith day of May, A.D. 1996, and to be presented for final passage on the 21 st day of May,A.D. 1996. AY or ATTEST: City Clerk ) Passed and adopted on final reading this 21st day of 1996. ATTEST: � / City Clerk 3