AGENDA #9
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Second Reading of Proposed Local Ordinance to Implement Automated Traffic Enforcement for Red Light Running in Chapel Hill
DATE: May 7, 2001
The attached ordinance was considered at the Town Council’s last meeting on April 23. The vote was 5 – 3 in favor.
Under State Law, an ordinance needs to receive six positive votes upon first reading to be adopted, or five positive votes on each of two readings. Therefore, this item is on the agenda tonight.
AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES REGARDING TRAFFIC CONTROL DEVICES (2001-05-07/O-2)
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)“Automated traffic control system” is an automated 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, automated 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 automated traffic control 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 said owner 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 thirty (30) calendar days after notification of the violation, said owner furnishes the officials or agents of the Town:
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 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 said owner’s 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 moving violation points as authorized by NCGS 20-16(c) or insurance points as authorized by NCGS 58-36-65. shall be assigned to the owner or driver of the vehicle. Failure to pay the civil penalty or to file an appeal within thirty (30) calendar days after the mailing date of the notification of the violation shall result in an additional penalty of fifty dollars ($50.00). The Town 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 thirty (30) calendar days after the mailing date of the 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 General Court of Justice of Orange County by proceedings in the “nature of certiorari.” ”
Section 2. This ordinance shall become effective upon adoption.
This the 23rd day of April, 2001. FIRST READING
This the 7th day of May, 2001. SECOND READING