[Adopted 4-11-2013 by Ord. No. 2049]
As used in this article, the following terms shall have the
meanings indicated:
AUTOMATED RED LIGHT ENFORCEMENT SYSTEM
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.
DESIGNEE
Includes a person, business entity or governmental entity,
including the Pennsylvania Department of Transportation.
PHOTOGRAPH
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:
A. Old York Road and Susquehanna Road.
B. Old York Road and Old Welsh Road.
C. Moreland Road and Fitzwatertown Road.
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.
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.