[Adopted 10-9-2012 by Ord. No. 1529]
The Township of Springfield (the "Township"), upon passage of
this article, is authorized to enforce Section 3112(a)(3) (relating
to traffic-control signals) by recording violations using an automated
red-light enforcement system approved by the Department of Transportation
of the Commonwealth of Pennsylvania (the "Department").
A.
This article shall only be applicable at intersections in the Township designated by the Township with the approval of the Secretary under the requirements of Subsection B.
B.
Automated red-light enforcement systems shall be installed when the
Township provides notice to the Department of the location of each
intersection. After receiving notice and before the system may be
installed, the Department shall have 60 days to review each proposed
intersection and to issue a recommendation to the Township which shall
include all of the following:
C.
No system shall be installed if the Department does not issue a recommendation
approving the location to the Township.
D.
The Department may identify the location of an alternate intersection
in the Township that it determines is appropriate for an automated
red-light enforcement system.
For each violation under this article, the owner of the vehicle shall be liable for the penalty imposed unless the owner is convicted of the same violation under another section of this title or has a defense under § 138-39.
A certificate, or a facsimile of a certificate, based upon inspection
of recorded images produced by an automated red-light enforcement
system and sworn to or affirmed by a police officer employed by the
Township shall be prima facie evidence of the facts contained in it.
The Township must include a written statement that the automated red-light
enforcement system was operating correctly at the time of the alleged
violation. A recorded image evidencing a violation of Section 3112(a)(3)
shall be admissible in any judicial or administrative proceeding to
adjudicate the liability for the violation.
E.
A penalty imposed under this article shall not be deemed a criminal
conviction and shall not be made part of the operating record under
Title 75 Pennsylvania Consolidated Statute Section 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 section shall not be
subject to Title 42 of the Pennsylvania Consolidated Statute Section
3571, relating to commonwealth portion of fines, etc., or Title 42
of the Pennsylvania Consolidated Statute Section 3573, relating to
municipal corporation portion of fines, etc.
A.
No automated red-light enforcement system shall be utilized in such
a 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 an automated red-light enforcement system as provided under
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 redlight enforcement system
may only record traffic violations and may not be used for any other
surveillance purposes. The restrictions set forth under this subsection
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 article and information relating to violations under this
article 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 and
under any ordinances and resolutions of the Township. 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 article
or any ordinance or resolution of the Township. The restrictions set
forth under this subsection 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 Township shall file notice with the Department
of State that the records have been destroyed in accordance with this
Title 75 of the Pennsylvania Consolidated Statute Section 3117(f).
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 named in the notice of the violation was not operating the
vehicle at the time of the violation. 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 article that the vehicle had been
reported to a police department as stolen prior to the time the violation
occurred and had 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.
When a police officer issues a citation for a violation of Title 75 of the Pennsylvania Consolidated Statute Section 3112(a)(3), at the locations of automated red-light enforcement systems, this article does not apply. In such situations, the recorded images produced by the automated red-light enforcement system may be used as evidence consistent with Title 75 of the Pennsylvania Consolidated Statute Section 3117(f) and § 138-38B of this article. A motor vehicle citation issued by a police officer at the locations of automated red-light enforcement systems shall be governed by the Pennsylvania Vehicle Code pursuant to Title 75 of the Pennsylvania Consolidated Statute Section 101 et seq., and shall not be governed by this article.
No automated red-light enforcement system may be used without
the approval of the Department, which shall have the authority to
promulgate regulations for the certification and use of such systems.
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 in use immediately ahead.
B.
The Township 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 apply:
(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 Title 75 of the Pennsylvania Consolidated Statute Section 3112(a)(3).
The issuance of the notice of violation must be done by a police officer
employed by the Township. 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 Title 75 of the Pennsylvania
Consolidated Statute Section 3112(a)(3).
(e)
Instructions for return of the notice of violation.
(2)
The text of the notice must be as follows: "This notice shall be
returned personally, by mail or by an agent duly authorized in writing,
within 30 days of issuance. A hearing may be obtained upon the written
request of the registered owner."
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 article.
C.
The system administrator shall submit an annual report to the chairman
and minority chairman of the Transportation Committee of the Senate
and 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 and include for the prior
year:
In the case of a violation involving a motor vehicle registered
under the laws of the Commonwealth of Pennsylvania (the "commonwealth"),
the notice of violation must be mailed within 30 days after 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. In the
case of motor vehicles registered in jurisdictions other than the
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 article must be provided 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 article, to
the Department for deposit into a restricted receipts account in the
Motor License Fund.
C.
Payment of the established fine and applicable penalties shall operate
as a final disposition of the case.
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. The
hearing officer shall be designated by the municipality. Written notice
of the date, time and place of hearing must be sent by first class
mail to the owner.
C.
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 the decision to the Magisterial District
Judge.
D.
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 fine 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 and 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.
This article shall expire July 15, 2017.
As used in this article, the following terms shall have the
meanings indicated:
Includes a person, business entity or governmental entity,
including the Department.
The costs and additional fees and the informal hearing procedures
shall be set forth in Springfield Township Ordinance Number 1530.
The provisions of this article are severable and if any section,
sentence, clause, part, or provision hereof shall be held illegal,
invalid, or unconstitutional by any court of competent jurisdiction,
such decision of any court shall not affect or impair the remaining
sections, sentences, clauses, parts or provisions of this article.
It is hereby declared to be the intent of the Board that this article
would have been adopted if such illegal, invalid, or unconstitutional
section, sentence, clause, part or provision had not been included
herein.
[Added 10-9-2012 by Ord. No. 1530]
The Township of Springfield (the "Township"), upon passage of
this article, relating to the Township implementing automated red-light
enforcement systems, authorizes the following costs and additional
fees and informal hearing procedures.
[Added 10-9-2012 by Ord. No. 1530]
The total sum of costs and additional fees payable by a person
who fails to answer a notice of violation issued pursuant to this
article shall be:
A.
Twenty dollars for each notice which remains unappealed or unpaid
for more than 30 days from the issuance;
B.
Twenty-five dollars for each notice which remains unappealed or unpaid
for more than 60 days from the issuance; and
C.
Thirty dollars for each notice which remains unappealed for more
than 90 days from issuance.
[Added 10-9-2012 by Ord. No. 1530]
A.
The system administrator, as defined in this article, shall appoint
hearing officers as shall be necessary to carry out the provisions
of this article, and the system administrator shall have the power
to provide by regulation additional rules for the hearing and determination
of cases involving alleged violation of provisions of this article.
B.
The system administrator shall not be required to submit any evidence
other than the following which shall be admissible in such a hearing:
(1)
The notice of violation, including the recorded image evidencing
a violation of Title 75 Pa.C.S.A. §§ 3112(a)(3) and
3117, and of this article.
(2)
Information from the Department of Transportation of the Commonwealth
of Pennsylvania or from another official in the jurisdiction having
charge of the registration of the vehicle.
(3)
A certificate or a facsimile of a certificate, sworn to or affirmed
by a Township police officer based upon inspection of recorded images
produced by the automated red-light enforcement systems, which shall
be prima facie evidence of the facts contained in it; provided, however,
that the written documentation provides that the automated red-light
enforcement systems were operating correctly at the time of the alleged
violation.
(4)
The Township police officer who signs the notice of violation shall
not be required to appear at the hearing unless the respondent has
denied liability and the hearing officer determines that the police
officer's presence is required. The hearing officer may grant a reasonable
continuance if the officer is not available at the time of the hearing.
(5)
The system administrator shall provide the owner with notice of the
decision of the hearing officer, together with any reasons provided
by the hearing officer, and advise the owner of his right to appeal
the decision of the hearing officer. If the owner does not notify
the system administrator of a desire to appeal the decision within
30 days of the mailing of the notice of the decision of the hearing
officer, the decision shall be final and liability shall be established
pursuant to the decision.
[Added 10-9-2012 by Ord. No. 1530]
The provisions of this article are severable and if any section,
sentence, clause, part, or provision hereof shall be held illegal,
invalid, or unconstitutional by any court of competent jurisdiction,
such decision of any court shall not affect or impair the remaining
sections, sentences, clauses, parts or provisions of this article.
It is hereby declared to be the intent of the board that this article
would have been adopted if such illegal, invalid, or unconstitutional
section, sentence, clause, part or provision had not been included
herein.
