ORDINANCE NO. 09-07( )
AN ORDINANCE TO AMEND CHAPTER 9, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 9, Motor Vehicles and Traffic, is hereby amended and reordained as follows:
Article VII Traffic Light Signal Monitoring Systems
Sec. 9-700 Definition
Sec. 9-701 Establishment and implementation
Sec. 9-702 Traffic signal violations; penalty
CHAPTER 9. MOTOR VEHICLES AND TRAFFIC
ARTICLE VII. TRAFFIC LIGHT SIGNAL MONITORING SYSTEMS
Sec. 9-700 Definition.
For the purposes of this article and, unless otherwise required by the context, “traffic light signal monitoring system” shall mean a vehicle sensor installed to work in conjunction with a traffic light that automatically produces two or more photographs, two or more microphotographs, video, or other recorded images of each vehicle at the time it is used or operated in violation of Virginia Code §§46.2-833, 46.2-835, or 46.2-836. For each such vehicle, at least one recorded image shall be of the vehicle before it has illegally entered the intersection, and at least one recorded image shall be of the same vehicle after it has illegally entered that intersection.
Sec. 9-701 Establishment and implementation.
A. Establishment. The county hereby establishes a traffic signal enforcement program pursuant to Virginia Code §15.2-968.1. The program shall include the installation and operation of traffic light signal violation monitoring systems in a number up to the maximum number permitted by state law. No traffic light signal violation monitoring system shall be operated for enforcement purposes at an intersection until all prerequisites required for such operation have been fulfilled.
B. Implementation. The county executive shall (i) have the authority to implement the provisions of this section, (ii) promulgate the rules and regulations necessary to administer the traffic signal enforcement program in compliance with all requirements of Virginia Code §15.2-968.1 and this article, and (iii) be responsible for the compliance of all aspects of the traffic signal enforcement program with applicable state law. The county shall annually certify compliance with Virginia Code §15.2-968.1 and make all records pertaining to such system available for inspection and audit by the Commonwealth Transportation Commissioner or the Commissioner of the Department of Motor Vehicles or his designee. In addition, the county shall evaluate the system on a monthly basis to ensure all cameras and traffic signals are functioning properly. Evaluation results shall be made available to the public.
C. Private entities. The county may enter into an agreement with a private entity to provide the traffic light signal violation monitoring system or equipment and all related support services, to include consulting, operations and administration. However, only a law-enforcement officer employed by the county may swear to or affirm the certificate required by Virginia Code §15.2-968.1(C). A private entity may not obtain records on behalf of the county regarding the registered owners of vehicles that fail to comply with traffic light signals.
D. Restricted uses of information; penalty.
1. Information collected by a traffic light signal violation monitoring system installed and operated pursuant to this article shall be limited exclusively to that information that is necessary for the enforcement of traffic light violations. Notwithstanding any other provision of law, all photographs, microphotographs, electronic images, or other personal information collected by a traffic light signal violation monitoring system shall be used exclusively for enforcing traffic light violations and shall not (i) be open to the public; (ii) be sold or used for sales, solicitation, or marketing purposes; (iii) be disclosed to any other entity except as may be necessary for the enforcement of a traffic light violation or to a vehicle owner or operator as part of a challenge to the violation; or (iv) be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation of Virginia Code §§46.2-833, 46.2-835, or 46.2-836 or requested upon order from a court of competent jurisdiction.
2. Information collected under this section pertaining to a specific violation shall be purged and not retained later than 60 days after the collection of any civil penalties. If the county does not execute a summons for a violation of this section within 10 business days, all information collected pertaining to that suspected violation shall be purged within two business days.
3. Any person who discloses personal information in violation of the provisions of this section shall be subject to a civil penalty of $1,000.
Sec. 9-702 Traffic signal violations; penalty.
A. Monetary penalty. The operator of a vehicle shall be liable for a monetary penalty of fifty dollars ($50.00) imposed pursuant to this section if such vehicle is found, as evidenced by information obtained from a traffic light signal violation monitoring system, to have failed to comply with a traffic light signal within such locality. Imposition of a penalty pursuant to this section shall not be deemed a conviction as an operator and shall not be made part of the operating record of the person upon whom such liability is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage.
B. Evidence of violation. Proof of a violation of this section shall be evidenced by information obtained from a traffic light signal violation monitoring system authorized pursuant to this section. A certificate, sworn to or affirmed by a law-enforcement officer employed by the county authorized to impose penalties pursuant to this section, or a facsimile thereof, based upon inspection of photographs, microphotographs, videotape, or other recorded images produced by a traffic light signal violation monitoring system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotape, or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation pursuant to an ordinance adopted pursuant to this section.
C. Summons. Summonses for traffic light signal violations under this article shall be executed by first-class mail and accompanied by a written notice in accordance with Virginia Code §15.2-968.1.
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