[Adopted 4-20-2023 by Ord. No. 23-04]
A.
In accordance with its police powers, the City may deploy, erect,
or cause to have erected an automated traffic enforcement system for
capturing images of motor vehicles that violate traffic laws by failing
to obey red light traffic signals at intersections designated by the
Chief of Police or designee, or failing to obey speed regulations
within the City.
B.
The location of stationary automated traffic enforcement systems
will be approved by the Iowa Department of Transportation, in accordance
with Iowa State Code, and by the City Council. The system may be managed
by a private contractor that owns and operates the requisite equipment.
The Police Department shall retain supervisory control over the system.
The contractor shall provide photographic and/or video images of any
potential violations to the Police Department to review and, in the
event the Police Department determines a vehicle was operated in violation
of the City's traffic control ordinances, the Police Department shall
direct that a notice of automated traffic citation be issued to the
vehicle owner in accordance with this article.
[Amended 5-23-2024 by Ord. No. 24-07]
As used in this article, the following terms shall have the
meanings indicated:
A notice of fine generated in connection with the automated
traffic enforcement system.
The company or entity, if any, with which the City of Marion
contracts to provide equipment and/or services in connection with
the automated traffic enforcement system.
An electronic system consisting of a photographic, video,
or electronic camera and a vehicle sensor installed to work in conjunction
with an official traffic controller or Police Department employee
to automatically produce photographs, video, or digital images of
each vehicle violating a standard traffic control device or speed
restriction. Notwithstanding the foregoing, in the event the Iowa
Department of Transportation or any other state vehicle registration
office identifies a person or entity as the lessee of the vehicle,
that lessee shall be the vehicle owner for purposes of this article.
In the event a state registration office does not specify whether
a person or entity listed on the registration for the vehicle is the
owner or the lessee of the vehicle, any person or entity listed on
that vehicle registration may be deemed the vehicle owner and held
jointly and severally responsible for a violation of this article.
A.
If a vehicle is detected crossing 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 or arrow, the vehicle owner shall be subject to a civil fine as scheduled below in § 313-12.4B.
B.
If a vehicle is detected traveling at a speed above the posted limit, the vehicle owner shall be subject to a civil fine as scheduled below in § 313-12.4C.
C.
Exemptions from this article are set forth in § 313-12.6 and shall not be considered violations for purposes of the automated traffic enforcement system.
D.
In no event will an automated traffic citation be sent or reported
to the Iowa Department of Transportation or similar department of
any other state for the purpose of being added to the vehicle owner's
driving record.
A.
Upon a Marion police officer's determination that the automated traffic enforcement system has detected a violation described in § 313-12.3A or B, a notice of an automated traffic citation will be mailed to the vehicle owner for each such violation recorded by the automated traffic enforcement system. The automated traffic enforcement contractor shall mail the notice within 30 days after receiving information about the vehicle owner. The notice shall include the name and address of the vehicle owner; the vehicle make, if available and readily discernible; the vehicle registration number; the violation alleged; the time, date and location of the alleged violation; the applicable fine; information as to the manner in which the automated traffic citation may be challenged; and that the basis of the notice is a photographic or video record generated by an automated traffic enforcement system.
A vehicle owner who has been issued an automated traffic citation
may contest the citation as follows:
A.
Within 30 days from the date appearing at the top of a notice of automated traffic citation sent to the vehicle owner, the vehicle owner may either pay the fee associated with the citation or challenge the citation by submitting a written challenge to the citation. This challenge could include evidence that the owner was not operating the motor vehicle at the time of the violation. As part of that evidence, the owner must provide the name and address of the individual who was operating the motor vehicle at the time of the violation. Any such written challenge or request must be on a form specified by and available from the City as indicated on the notice and be sent to the City according to the instructions on that form. Upon receipt of a written challenge, a member of the Marion Police Department Command Staff shall determine whether the citation should be upheld, rescinded, or amended and issued to the person identified by the owner of the vehicle as being the actual driver. Within 10 days after the City receives such a challenge, the City shall notify the vehicle owner in writing whether the challenge to the automated traffic citation is successful or not. If the challenge is successful, the citation will be rescinded. If the challenge is not successful, the vehicle owner will be advised, in the written decision, of a date by which the fine must be paid; and on or before that date, the vehicle owner shall either pay the fine or submit a request pursuant to Subsection B below.
[Amended 5-23-2024 by Ord. No. 24-07]
B.
By submitting in a form specified by the City, a request that in lieu of the automated traffic citation, a municipal infraction citation, pursuant to Iowa Code § 364.22, be issued and filed with the Clerk of Courts of the Iowa District Court in Linn County. Such a request must be filed prior to the due date of the fine, set by the member of the Marion Police Department Command Staff, following the written challenge detailed above in Subsection A. Such a request will result in a court order requiring the vehicle owner to file an answer and appearance with the Clerk of Court, as well as setting the matter for trial before a judge or magistrate. If the court finds the vehicle owner guilty of the municipal infraction, mandated court costs will be added to the amount of the fine imposed by this article.
A.
The following shall not be considered violations for purposes of
the automated traffic enforcement system:
(2)
The violation occurred at any time after the vehicle in question
or its state registration plates were reported to a law enforcement
agency as having been stolen; provided, however, the vehicle or its
plates had not been recovered by the vehicle owner at the time of
the alleged violation.
(3)
The vehicle in question was an authorized emergency vehicle.
(4)
The Marion police officer inspecting the recorded image determines
that the vehicle in question entered the intersection in order to
yield the right-of-way to an emergency vehicle.
(5)
The Marion police officer inspecting the recorded image determines
that the vehicle in question was lawfully participating in a funeral
procession.
[Amended 12-7-2023 by Ord. No. 23-28]
If the recipient of an automated traffic citation does not either pay the fine by the due date stated on the original citation or successfully challenge the citation as provided herein, the City may file a municipal infraction against the vehicle owner in accordance with Marion City Code of Ordinances Chapter 55 and § 364.22 of the Code of Iowa, seeking judgment for the applicable civil fine provided in § 313-12.4B and C, plus state-mandated filing fee and court costs. If judgment is entered for the City in the municipal infraction proceeding, the City may, subject to applicable law, pursue enforcement of the judgment, together with interest as permitted by law. Collection of that judgment may include referral to the debt collection program as administered by the Iowa Department of Revenue. Notwithstanding the City's right to file a municipal infraction, the City may first seek voluntary payment of the fine by sending a written request for payment to the vehicle owner and/or referring the matter to a private service agent to conduct collection in accordance with all applicable law.
