AGENDA #4a
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Proposed Local Ordinance and Process to Implement Electronic Traffic Surveillance for Red Light Running in Chapel Hill
DATE: October 23, 2000
The attached ordinance would enable the Town Council to implement video traffic surveillance for red light running violations in Chapel Hill, should it wish to do so, in accordance with State statutes. Adoption of this ordinance would not obligate the Town to utilize video traffic surveillance if it did not wish to do so following further study of the issue.
The Manager recommends adoption of the attached ordinance.
BACKGROUND
The Federal Highway Administration (FHWA) created the “Stop Red Light Running Program” in 1995 as a community-based safety program. This campaign raised awareness of the dangers of red light running and helped to reduce accidents in many of the participating communities. A report released by the FHWA shows that red light running violations decreased by as much as 60 percent at intersections where cameras automatically enforce the law.
The main objectives of this program are:
1. To decrease the number of accidents caused by the traffic signal violations.
2. To increase the public awareness of safe driving.
3. To augment police enforcement and allow other uses of available police resources.
4. To decrease the number of traffic violations at intersections.
The program has been successfully implemented in several states including California, New York, Maryland, Florida, and North Carolina. In North Carolina, the cities of Charlotte, Fayetteville, and Wilmington have implemented programs and Greensboro and High Point are preparing to install cameras.
This program is endorsed by the Institute of Insurance for Highway Safety and N.C. Department of the Transportation. Program funding assistance is available from the FHWA to assist municipalities in establishing local programs.
On May 8, 2000, the Town Council approved a resolution requesting State enabling legislation that would allow Chapel Hill to enforce the red light running using video surveillance technology. The State legislature subsequently approved an amendment to G.S. 160A-300.1 which authorizes Chapel Hill to use photographic images as prima facie evidence of traffic signal violations. A copy of the approved bill and General Statute 160A-300.1 are attached for reference.
We have studied established programs in other communities and discussed possible implementation processes with our counterparts around the State.
Based on our findings, we propose the following process for the Council’s consideration regarding implementation of a video traffic surveillance program in Chapel Hill:
1. Adopt a local ordinance
2. Request proposals from program services contractors
3. Select contractor based on criteria in the Request for Proposals
4. Prepare program service agreement for Town Council consideration
5. Implement program, if so authorized by the Council
This procedure has proven effective in other municipalities, and we think it would work well in Chapel Hill. Copies of Request for Proposal documents and agreements from other communities in North Carolina are available for review in the Engineering Department.
The program would be self-supporting, with no significant direct costs to the Town. It would not be our priority to utilize traffic cameras as a source of revenue. However, all of the North Carolina programs to date have shown a net gain after paying for contract services to operate and administer the program.
Intersections would be selected for surveillance based on the severity of red light running problems as evaluated by the program contractor. If the contractor’s study of Chapel Hill intersections determines that there is not a significant red light running problem here, we would recommend that the Council not implement a program. Typically, video surveillance of an intersection is not practical unless 20-25 red light violations occur each day.
In a typical program, cameras would capture a photographic image of any vehicle running a red light at a designated intersection. A citation would be issued to the registered owner of the vehicle in violation, based on the license plate number identified in the photo.
A citation would involve a civil penalty in the form of a fine (similar to a parking violation), and would not result in assessment of drivers license points or insurance points.
An impartial appeal process would be established to receive and evaluate evidence regarding violations resulting in citations under the program.
Please refer to Attachment #2 which lists commonly asked questions and provides answers regarding red-light running programs.
We think that the use of video surveillance may make sense in Chapel Hill to both reduce violations and accidents, and to extend our available Police resources.
It is our priority that any program the Council might approve would be practical and effective while treating all citizens fairly. We would include a clear appeal process which would give drivers ample opportunity to have violations and citations impartially reviewed.
We think this program would provide an opportunity for the Town to improve intersection safety conditions for drivers, cyclists, and pedestrians.
That the Council adopt the attached ordinance which would authorize implementation of video traffic surveillance for red light running violations in Chapel Hill.
If the ordinance is adopted, the Manager would proceed with solicitation of proposals for program contract services and would return to the Council with recommendations for program implementation.
ATTACHMENTS
1. Senate Bill 1447 and G.S. 160A-300.1 (p. 6).
2. Commonly asked questions and answers (p. 9).
3. General Information from the Insurance Institute for Highway Safety (p. 11).
4. Example of typical citation (p. 13).
5. Example of appeal hearing procedure (p. 14).
AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES REGARDING TRAFFIC CONTROL DEVICES (2000-10-23/O-1)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. A new Article II (A), Chapter 21 is hereby added to the Town Code to read as follows:
Sec. 21-10.1. Definitions.
For purposes of this Article, the following definitions shall apply:
(a)“Traffic control photographic system” is an electronic system consisting of a photographic, video or electronic camera and a vehicle sensor installed to work in conjunction with an official traffic control and to automatically produce photographs, video or digital images of each vehicle violating a standard traffic control.
(b) “In operation” means operating in good working condition.
(c) “System location” is the approach to an intersection toward which a photographic video or electronic camera is directed and is in operation.
(d) “Vehicle owner” is the person identified by the North Carolina Division of Motor Vehicles as the registered owner of a vehicle.
Sec.21-10.2. General.
(a) The Town of Chapel Hill shall maintain a list of system locations where traffic control photograph systems are installed.
(b) Any citation for a red light violation issued by an officer of the Chapel Hill Police Department at a system location shall be treated in the same manner as prescribed in this article.
(c) The citation shall clearly state the manner in which the violation may be appealed. The citation shall be processed by officials or agents of the Town of Chapel Hill and shall be forwarded by personal service or first-class mail to the owner’s address as given on the motor vehicle registration.
Sec. 21-10.3. Offense.
(a) It shall be unlawful for a vehicle to cross the stop line at a system location when the traffic signal for that vehicle’s direction of travel is emitting a steady red light.
(b) The owner of a vehicle shall be responsible for a violation under this section, except when he can provide evidence that the vehicle was in the care, custody, or control of another person at the time of the violation, as described in subsection (c).
(c) Notwithstanding subsection (b), the owner of the vehicle shall not be responsible for the violation if, within 21 calendar days after notification of the violation, he furnishes the officials or agents of the city:
1. The name and address of the person or entity who leased, rented, or otherwise had the care, custody, and control of the vehicle at the time of the violation; or
2. An affidavit by him stating that, at the time of the violation, the vehicle involved was stolen or was in the care, custody, or control of some person who did not have his permission to use the vehicle.
Sec. 21-10.4. Penalty.
Any violation of Section 21-10.3 shall be deemed a non-criminal violation for which a civil penalty of fifty dollars ($50.00) shall be assessed, and for which no points authorized by G.S. 20-16(c) shall be assigned to the owner or driver of the vehicle, nor insurance points as authorized by NCGS 58-36-65. Failure to pay the civil penalty or file an appeal within twenty-one (21) calendar days after notification of the violation shall result in an additional penalty of fifty dollars ($50.00). The city may establish procedures for the collection of the civil penalties and may enforce the penalties by a civil action in the nature of a debt.
Sec. 21-10.5. Appeal.
A notice of appeal shall be filed within twenty-one (21) calendar days after notification of the violation. The failure to give notice of appeal within this time period shall constitute a waiver of the right to contest the citation. Appeals shall be heard through an administrative process established by the Town Manager. An individual desiring a hearing must post a bond equal to the amount of the civil penalty before an appeal hearing will be scheduled. The hearing officer’s decision is subject to review in the Superior Court of Orange County by proceedings in the “nature of certiorari.” ”
Section 2. This ordinance shall become effective upon adoption.
This is the 23rd day of October, 2000.