[Added FCB 9-11-2006]
The purpose of this article is to create an automated enforcement
system for red light violations. The City expects a decrease in accidents
as a result of drivers modifying their operation of motor vehicles
in response to these cameras. Civil penalties would inure to the municipality.
For the purpose of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
The equivalent of "traffic control signal monitoring device"
or "traffic control photographic system." Said system/device is an
electronic system consisting of a photographic, video, or an electronic
camera and a vehicle sensor installed to work in conjunction with
an official traffic controller and to automatically produce photographs,
video or digital images of each vehicle violating a standard traffic
control.
The approach to an intersection toward which a photographic,
video or electronic camera is directed and is in operation. It is
the location where the automated camera system is installed to monitor
offenses under this article.
The person(s) or entity identified by the Massachusetts Registry
of Motor Vehicles as the registered owner or, in the case of a motor
vehicle registered under the laws of another state or jurisdiction,
the persons or entity on record as the registered owner with such
other state's or jurisdiction's vehicle registration office.
Vehicle owners of unregistered vehicles shall be established by substantial
evidence (i.e., such evidence as reasonable minds might accept as
adequate to support a conclusion).
A.
Notwithstanding any other provision of this chapter, the City of
Springfield hereby adopts a civil enforcement system for automated
red light system violations as outlined in this article. A fine shall
be imposed on the owner of a vehicle for failure of an operator thereof
to comply with traffic control indications in the City of Springfield
in accordance with the provisions of this article.
B.
The Springfield Police Department shall be responsible for administering
the automated red light system. Specifically, the Springfield Police
Department (SPD), in conjunction with the Department of Public Works,
shall be empowered to install and operate automated red light systems
within the City. The SPD shall maintain a list of system locations
where red light camera systems are installed. The SPD shall make the
determination as to which locations will be utilized. The Department
of Public Works shall ensure automated red light systems remain in
good working order.
A.
A penalty shall be imposed pursuant to this article if a vehicle
crosses a marked stop line or the intersection plane at a system location
when the traffic signal for that vehicle's direction is emitting
a steady red light.
B.
Prima facie responsibility. The vehicle owner is prima facie responsible
for payment of the fines assessed in accordance with this article
unless:
(1)
Stolen vehicle. The vehicle owner has reported in a timely manner
to a police agency that the violating vehicle has been stolen, and
the violating vehicle remained stolen at the time of the violation;
or
(2)
Leased or rented vehicle. The vehicle owner is in the business of
leasing or renting motor vehicles and provides a copy of a lease,
rental, or similar contract document indicating that the violating
vehicle was leased or rented at the time of the violation and the
identity and address of the person entitled to possession is discernible
from the document, in which case that person is prima facie responsible
for the payment of the fines assessed in accordance with this article.
A.
Enforcement. The Springfield Police Department shall enforce the
provisions of this chapter.
B.
Content of liability notice.
(1)
Information regarding the specific offense. A notice of liability
includes, but is not limited to, the following information: the registration
number and state of issuance of the registration number of the vehicle
involved; the name of the registered owner of the vehicle; the type
and color of the vehicle; the date, time and place of the violation;
the name of the authorizing officer; the applicable fine; and such
other information as the Police Commissioner or his or her designee
may deem appropriate.
(2)
Notice of requirement to respond. A notice of liability shall state
that the registered owner must pay the fine stated in the notice of
liability or appeal the notice within 30 calendar days after the date
of the issuance of the notice and shall describe the method for payment
or appeal.
C.
Issuance of notice of liability.
(1)
Delivery of notice of liability. An authorized officer issues and
certifies the notice of liability and authorizes delivery of the notice
as soon as practicable by first class mail to the registered owner
of the vehicle at the address of the registrant on record with the
Massachusetts Registry of Motor Vehicles, or, in the case of a motor
vehicle registered under the laws of another state or jurisdiction,
at the address of the registrant on record with the official in the
state or other jurisdiction having charge of the registration of the
vehicle, or lessee of the vehicle as applicable.
(2)
Prima facie evidence of notice. Delivery of a copy of the notice
of liability by first class mail at the address of the registrant
on record with the Massachusetts Registry of Motor Vehicles, or, in
the case of a motor vehicle registered under the laws of another state
or jurisdiction, at the address of the registrant on record with the
official in the state or other jurisdiction having charge of the registration
of the vehicle, or lessee of the vehicle as applicable, is sufficient
notice of the liability. Certification of the notice by an officer
is prima facie evidence of the facts contained therein and is admissible
in any administrative or judicial proceeding to adjudicate the liability.
D.
Payment or appeal of violation notice. Within 30 calendar days after
the date of the issuance of the notice of liability, the vehicle owner
to whom the notice of liability is issued must make one of the following
responses: pay the fine as provided by this article or request a hearing
as provided by this article.
(1)
Payment of civil penalty. The vehicle owner shall pay the civil penalty
as specified in the notice of liability or within 30 days after the
date of issuance of the appeal decision, as applicable.
(2)
Request for hearing. A person issued a notice of liability may make
a written request for an appeal hearing before a notice of liability
clerk designated by the Mayor or his designee. The clerk then notifies
the registered owner in writing by first class mail of the date, time,
and place of the hearing. The hearing is informal, the rules of evidence
do not apply, and the decision of the clerk is final. Parties are
notified in person or by mail of the decision following the hearing.
Each written appeal decision shall state the reason(s) for the decision.
Failure to appear at the date, time, and place specified on the hearing
notice shall result in a determination based on any written documentation
submitted with the request for hearing, including but not limited
to signed statements from witnesses, police officers, government officials,
or other relevant parties or photographs, diagrams, maps or other
relevant documents that the registered owner determines to submit.
Payment of the civil penalty is due within 30 calendar days after
the date of the issuance of the appeal decision.
(3)
The failure to give notice of appeal or pay the civil penalty within
30 calendar days after the date of the issuance of the notice of liability
shall constitute a waiver of the right to contest the notice of liability.
The City of Springfield may establish procedures for the collection of the civil penalties imposed herein, and may enforce the penalties by a civil action in the nature of a debt. If the penalties set forth in § 385-47 above remain unpaid for more than 30 days after the date on which the notice of liability or appeal decision was issued, the penalties shall be collected, together with any interest and costs thereon, by civil suit or other appropriate means of collection. Failure of the violator to pay such fine or penalty may also result in other enforcement methods allowed by law.
A.
Co-owners of violating vehicles shall be jointly and severally liable
under this article.
B.
The provisions of this article do not apply to uniform traffic citations
issued by Springfield police officers or Massachusetts State Police
officers pursuant to MGL c. 90C (Procedure for Motor Vehicle
Offenses).
C.
The provisions of this article shall not affect drivers' "points"
authorized by Massachusetts General Laws ("Point System for License
Suspension").
D.
An imposition of liability under this article 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.
E.
Nothing in this article shall be construed to limit the liability of an operator of a vehicle for any violation of § 385-45A above.
F.
An imposition of liability under this section shall not bar, estop,
or preclude the violator from contesting the underlying facts in any
other administrative or judicial proceeding.
