[HISTORY: Adopted by the Board of Commissioners of the Township
of Abington as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-11-2013 by Ord. No. 2049]
As used in this article, the following terms shall have the
meanings indicated:
A vehicle sensor installed to work in conjunction with a
traffic-control signal which automatically produces one or more photographs
of a vehicle at the time the vehicle is used or operated in a manner
which is a violation of the Motor Vehicle Code, or as otherwise defined
under the Motor Vehicle Code.
Includes a person, business entity or governmental entity,
including the Pennsylvania Department of Transportation.
Title 75 of the Pennsylvania Consolidated Statutes.
Any visual image produced by an automated red light enforcement
system.
An individual whose vehicle is recorded by an automated red
light enforcement system in violation of the prohibition of § 3112(a)(3)
of the Motor Vehicle Code (relating to obedience to the steady red
light indication of traffic control signals) at such intersections
of the Township of Abington designated and identified pursuant to
this article shall be liable for civil penalties as set forth in this
article.
Automated red light enforcement systems approved by the Pennsylvania
Department of Transportation may be used to enforce this article only
at the following intersections, and as this list may be amended from
time to time by ordinance, subject to the designation of such intersections
by agreement of the system administrator and the Pennsylvania Secretary
of Transportation:
E.
A penalty imposed under this section shall not be deemed a criminal
conviction and shall not be made part of the operating record under
§ 1535 (relating to schedule of convictions and points)
of the individual upon whom the penalty is imposed, nor may the imposition
of the penalty be subject to merit rating for insurance purposes.
F.
No surcharge points may be imposed in the provision of motor vehicle
insurance coverage. Fines collected under this article shall not be
subject to 42 Pa.C.S.A. § 3571 (relating to commonwealth
portion of fines, etc.) or § 3573 (relating to municipal
corporation portion of fines, etc.).
G.
Upon receipt of the final determination of violation liability letter pursuant to § 155-7, and failure to pay the applicable fine pursuant to §§ 155-4 and 155-11, a cost of collection fee of $35 will be added to the outstanding balance and the matter will be referred to a third-party collection agency.
[Added 4-9-2015 by Ord.
No. 2092]
A.
No automated red light enforcement system shall be utilized in such
manner as to take a frontal view recorded image of the vehicle as
evidence of having committed a violation.
B.
Notwithstanding any other provision of law, camera equipment deployed as part of the automated red light enforcement system as provided for by this article must be incapable of automated or user-controlled remote intersection surveillance by means of recorded video images. Recorded images collected as part of the automated red light enforcement system may only record traffic violations and may not be used for any other surveillance purposes. The restrictions set forth under this Subsection B shall not be deemed to preclude a court of competent jurisdiction from issuing an order directing that the information be provided to law enforcement officials if the information is reasonably described and is requested solely in connection with a criminal law enforcement action.
C.
Notwithstanding any other provision of law, information prepared
under this section and information relating to violations under this
section which is kept by the Township, its authorized agents or employees,
including recorded images, written records, reports or facsimiles,
names and addresses, shall be for the exclusive use of the Township,
its authorized agents, its employees and law enforcement officials
for the purpose of discharging their duties under this article. The
information shall not be deemed a public record under the act of February
14, 2008 (P.L. 6 No. 3), known as the "Right-to-Know Law."[1] The information shall not be discoverable by court order or otherwise, nor shall it be offered in evidence in any action or proceeding which is not directly related to a violation of this section or any ordinance or resolution of the Township. The restrictions set forth under this Subsection C shall not be deemed to preclude a court of competent jurisdiction from issuing an order directing that the information be provided to law enforcement officials if the information is reasonably described and is requested solely in connection with a criminal law enforcement action.
[1]
Editor's Note: See 65 P.S. § 67.101 et seq.
D.
Recorded images obtained through the use of automated red light enforcement systems deployed as a means of promoting traffic safety in the Township shall be destroyed within 30 days following the final disposition of any recorded event. The system administrator shall file notice with the Department of State that the records have been destroyed in accordance with this Subsection D.
E.
Notwithstanding any other provision of law, registered vehicle owner
information obtained as a result of the operation of an automated
red light enforcement system under this article shall not be the property
of the manufacturer or vendor of the automated red light enforcement
system and may not be used for any purpose other than prescribed in
this article.
A.
It shall be a defense to a violation under this article that the
person receiving the notice of violation was not operating the vehicle
at the time of the offense. The owner may be required to submit evidence
that the owner was not the driver at the time of the alleged violation.
The Township may not require the owner of the vehicle to disclose
the identity of the operator of the vehicle at the time of the violation.
B.
If an owner receives a notice of violation under this article of
a time period during which the vehicle was reported to a police department
of any state or municipality as having been stolen, it shall be a
defense to a violation under this section that the vehicle has been
reported to a police department as stolen prior to the time the violation
occurred and not been recovered prior to that time.
C.
It shall be a defense to a violation under this article that the
person receiving the notice of violation was not the owner or lessor
of the vehicle at the time of the offense.
D.
No owner shall be found liable pursuant to this article if he or
she is convicted of a violation pursuant to the Motor Vehicle Code
for the same violation.
A.
The Township may not use an automated red light enforcement system
unless an appropriate sign is posted in a conspicuous place before
the area in which the automated red light enforcement device is to
be used notifying the public that an automated red light enforcement
device is immediately ahead.
B.
The Township of Abington Police Department or its designee shall
serve as the system administrator to supervise and coordinate the
administration of notices of violations issued under this article.
C.
The following requirements apply to notices issued by the system
administrator:
(1)
The system administrator shall prepare a notice of violation to the
registered owner of a vehicle identified in a recorded image produced
by an automated red light enforcement system as evidence of a violation
of § 3112(a)(3) of the Motor Vehicle Code. The issuance
of the notice of violation must be performed by a police officer employed
by the Township of Abington Police Department. The notice of violation
must have attached to it all of the following:
(a)
A copy of the recorded image showing the vehicle.
(b)
The registration number and state of issuance of the vehicle
registration.
(c)
The date, time and place of the alleged violation.
(d)
Notice that the violation charged is under § 3112(a)(3)
of the Motor Vehicle Code.
(e)
Instructions for the return of the notice of violation.
(2)
The notice shall contain the following statement:
This notice shall be returned personally, by mail or by an agent
duly authorized in writing. A hearing may be obtained upon the written
request of the registered owner.
D.
The notice of violation must be signed by a Township police officer
verifying that he or she has inspected the recorded images evidencing
the violation and that he or she has reason to believe the information
contained in the notice of violation is true and correct.
E.
Notices of violation must be sent by first class mail. A manual or
automatic record of mailing prepared by the system administrator in
the ordinary course of business shall be prima facie evidence of mailing
and shall be admissible in any judicial or administrative proceeding
as to the facts contained therein.
F.
If the registered owner fails to pay the applicable fine pursuant to §§ 155-4 and 155-11 or fails to request a hearing pursuant to § 155-12 within 30 days of the receipt of the notice of violation, the system administrator shall send a notice of determination letter. If the owner subsequently fails to pay the applicable fine pursuant to §§ 155-4 and 155-11, the system administrator shall send a final determination of violation liability letter.
[Added 4-9-2015 by Ord.
No. 2092]
A.
The system administrator may hire and designate personnel as necessary
or contract for services to implement this article.
B.
The system administrator shall process fines issued under this section.
C.
The system administrator shall submit an annual report to the chairman
and minority chairman of the Transportation Committee of the House
of Representatives. The report shall be considered a public record
under the Right-to-Know Law[1] and include for the prior year:
(1)
The number of violations and fines issued.
(2)
A compilation of fines paid and outstanding.
(3)
The amount of money paid to a vendor or manufacturer under this article.
[1]
Editor's Note: See 65 P.S. § 67.101 et seq.
In the case of a violation involving a motor vehicle registered
under the laws of this commonwealth, the notice of violation must
be mailed within 30 days of the commission of the violation or within
30 days after the discovery of the identity of the registered owner,
whichever is later, to the address of the registered owner as listed
in the records of the Department of Transportation. In the case of
motor vehicles registered in jurisdictions other than this commonwealth,
the notice of violation must be mailed within 30 days after the discovery
of the identity of the registered owner to the address of the registered
owner as listed in the records of the official in the jurisdiction
having charge of the registration of the vehicle. A notice of violation
under this section must be proved to an owner within 90 days of the
commission of the offense.
Notice of violation must be sent by first class mail. A manual
or automatic record of mailing prepared by the system administrator
in the ordinary course of business shall be prima facie evidence of
mailing and shall be admissible in any judicial or administrative
proceeding as to the facts contained in it.
A.
An owner to whom a notice of violation has been issued may admit
responsibility for the violation and pay the fine provided in the
notice.
B.
Payment must be made personally, through an authorized agent, electronically or by mailing both payment and the notice of violation to the system administrator. Payment by mail must be made only by money order, credit card or check made payable to the system administrator. The system administrator shall remit the fine, less the system administrator's operation and maintenance costs necessitated under this section, to the Department of Transportation for deposit into a restricted receipts account in the Motor License Fund. Fines deposited in the fund under this Subsection B shall be used by the Department of Transportation for a transportation enhancements grant program.
A.
An owner to whom a notice of violation has been issued may, within
30 days of the mailing of the notice, request a hearing to contest
the liability alleged in the notice. A hearing request must be made
by appearing before the system administrator during regular office
hours either personally or by an authorized agent or by mailing a
request in writing.
B.
Upon receipt of a hearing request, the system administrator shall
in a timely manner schedule the matter before a hearing officer. Written
notice of the date, time and place of the hearing must be sent by
first class mail to the owner.
A.
The hearing shall be informal, the rules of evidence shall not apply
and the decision of the hearing officer shall be final, subject to
the right of the owner to appeal to the Magisterial District Judge.
B.
If the owner requests in writing that the decision of the hearing
officer be appealed to the Magisterial District Judge, the system
administrator shall file the notice of violation and supporting documents
with the Magisterial District Judge, who shall hear and decide the
matter de novo.
The compensation paid to the manufacturer or vendor of the automated
red light enforcement system may not be based upon the number of traffic
citations issued or a portion or percentage of the fines generated
by the citations. The compensation paid to the manufacturer or vendor
of the equipment shall be based upon the value of the equipment and
the services provided or rendered in support of the automated red
light enforcement system.
The duration of the yellow light change interval at intersections
where automated red light enforcement systems are in use shall conform
to the yellow light change interval duration specified on the traffic
signal permit issued by the Department of Transportation or the Township.
The Township may not collect an amount equal to or greater than
5% of its annual budget from the collection of revenue from the issuance
and payment of violations under this article.
[Amended 9-10-2015 by Ord. No. 2113; 9-14-2017 by Ord. No. 2142; 10-8-2020 by Ord. No. 2177]
The effectiveness of this article shall be extended to coincide
with the extension of the contract with the vendor of the automated
red light enforcement system, and shall expire November 30, 2025.
