[Adopted 1-13-2005 by Ord. No. 442]
Vehicular traffic facing the red traffic signal
shall stop before crossing the stop limit, whether marked by sign
or painted line, or if none, before entering the crosswalk on the
near side of the intersection or, if none, then before entering the
intersection and shall remain standing until an indication to proceed
is shown.
A failure to stop for a red traffic signal may
be recorded by a traffic light signal violation monitoring system
in accordance with a program or authorization approved by the Town
Council, pursuant to the provisions of § 4101(d) of Title
21 of the Delaware Code. The administration and enforcement of the
provisions of this section shall be done in accordance with the provisions
of § 4101(d) of Title 21 of the Delaware Code, which shall
prevail in the event of any conflict with the provisions of this section.
A.
The owner or operator of a vehicle which has failed
to comply with a traffic light signal, as evidenced by information
obtained by a traffic light signal violation monitoring system, shall
be liable for a civil or administrative monetary assessment of $75;
provided, however, if the civil or administrative assessment is not
paid within 14 days an additional assessment of $10 shall be added
to the original assessment; which additional assessment shall be increased
to $20 if the assessment is not paid within 45 days; and shall be
increased to $30 if the assessment is not paid within 90 days. Court
costs or similar administrative fees not to exceed $30 may also be
assessed if the owner requests a hearing to contest the violation,
and is ultimately found to be in violation or fails to pay or contest
the violation in a timely manner.
B.
A violation for which a civil or administrative assessment
is imposed pursuant to this section shall not be classified as a criminal
offense. Judgments pursuant to this section shall not be deemed a
conviction of the owner and shall not be made part of the motor vehicle
operating record of the person upon whom such liability is imposed.
As used in this article, the following terms
shall have the meanings indicated:
The registered owner of such vehicle on record with the Division
of Motor Vehicles; provided, however, that in the event that the owner
is a vehicle leasing company licensed to do business in this state,
the "owner" for purposes of this article shall mean the person shown
on the records of the Division of Motor Vehicles to be the lessee
of such vehicle. Vehicle rental companies are excluded from the definition
of "owner" for purposes of this article only.
A vehicle sensor installed to work in conjunction with a
traffic light that automatically produces two or more photographs,
two or more microphotographs, a videotape, or other recorded images
of each vehicle at the time it is used or operated in violation of
this article.
A summons for a violation of this article may
be executed by mailing by first class mail a copy thereof to the address
of the owner of the vehicle as shown on the records of the Division
of Motor Vehicles of this or any other state. Collection actions,
including default judgment and execution, may proceed based upon jurisdiction
obtained through the mailing by first class mail of a summons and
subsequent court notices pursuant to this subsection.
A.
Every initial mailing shall include:
(1)
The name and address of the owner of the vehicle;
(2)
The registration number of the motor vehicle involved
in the violation;
(3)
Violation charges;
(4)
The location where the violation occurred;
(5)
The date and time of the violation;
(6)
Copies of two or more photographs, of microphotographs
or other recorded images, taken as proof of the violation;
(7)
The amount of the civil assessment imposed and the
date by which the civil assessment should be paid;
(8)
Information advising the summonsed person of the matter,
time and place by which liability as alleged in the notice may be
contested, and warning that the failure to pay the civil assessment
or to contest liability in a timely manner is an admission of liability
and may result in a judgment being entered against the summonsed person
and/or the denial of the registration or the renewal of the registration
of any of the owner's vehicles; and
(9)
Notice of the summonsed person's ability to rebut
the presumption that he or she was the operator of the vehicle at
the time of the alleged violation and the means for rebutting such
presumption.
Persons electing to pay by voluntary assessment shall make payments to the entity designated on the summons for payment. The payment must be received within 14 days of the date the assessment is sent by regular mail to the person subject to the assessment and shall be increased by any additional amounts due under § 215-20.
A person receiving the summons pursuant to this
article may request a hearing to contest the violation by notifying,
in writing, the entity designated on the summons within 20 days of
the date. Upon receipt of a timely request for a hearing a civil hearing
shall be scheduled and the defendant notified of the hearing date
by first class mail. A civil hearing shall be held by the Justice
of the Peace Court. The hearing may be informal and shall be held
in accordance with Justice of the Peace Court rules. Costs for such
hearing shall not be assessed against the prevailing party.
If the owner fails to pay the civil assessment,
to respond to the summons within the time period specified on the
summons, and/or to successfully contest the civil assessment resulting
from the violation, Nestor Traffic Systems or the current red light
camera vendor under contract with the Delaware Department of Transportation
shall notify the Division of Motor Vehicles of such facts.
Proof of a violation of this article shall be
evidenced by information obtained from a traffic signal violation
monitoring system authorized pursuant to this article. A citation
based upon inspection of photographs, microphotographs, videotape
or other recorded images produced by a traffic light signal violation
monitoring system shall constitute prima facie evidence of the facts
contained therein, if the citation thereof is approved by a police
officer of the Elsmere Bureau of Police, or by an employee of an entity
designated by the Town of Elsmere to administer records under this
article. Any photographs, microphotographs, videotape or other recorded
images evidencing such a violation shall be available for inspection
in any proceeding to adjudicate the liability for such violation pursuant
to regulation, ordinance or other law adopted pursuant to this article.
A.
The owner of any vehicle found to be in violation
of this article shall be held prima facie responsible for such violation
in the same manner provided for under § 7003 of Title 21
of the Delaware Code, unless the owner can furnish evidence that the
vehicle was, at the time of the violation, in the care, custody or
control of another person. Such presumption shall be rebutted if the
owner:
(1)
Furnishes an affidavit by regular mail to the entity
indicated on the summons that he or she was not the operator of the
vehicle at the time of the alleged violation and provides the name
and address of the person or company who leased, rented or otherwise
had the care, custody or control of the vehicle, or attaches a certified
copy of a police report showing that the vehicle or license plate(s)
thereof had been reported to the police as stolen prior to the time
of the alleged violation of this article; or
(2)
Provides proof at the hearing to contest the violation
that he or she was not the operator of the vehicle at the time of
the alleged violation or that he or she failed to comply with the
traffic signal either in order to yield the right-of-way to an emergency
vehicle or as part of a funeral procession.
B.
Notwithstanding any other provision in this section, if the motor vehicle which is found by the traffic light signal violation monitoring system to have failed to comply with a traffic light signal is commercially licensed, then the owner of that vehicle shall be sent notice of the date, time and location of the violation with two photographs thereof. Within 10 days of the receipt of said notice, the owner of the vehicle shall provide the law enforcement agency through Nestor Traffic Systems or the current red light camera vendor under contract with the Delaware Department of Transportation with the name and address of the driver of the vehicle at the date, time and location of the violation and, within the same time period, shall provide the driver of the vehicle with the photographs of the violation. After receipt by Elsmere Bureau of Police through Nestor Traffic System or the current red light camera vendor under contract with the Delaware Department of Transportation of the name and address of the driver of the vehicle at the time of the violation, the driver of the vehicle shall be prima facie responsible for such violation in the same manner as provided under § 7003 of Title 21 of the Delaware Code and shall be subject to the provisions of this section. Failure of the owner of the vehicle found to be in violation of § 215-20 to provide the name and address of the driver at the time of the violation within the period prescribed shall cause the owner to be held responsible as set forth in § 215-22.
It is declared to be the intention of the Town
of Elsmere that the sections, subsections, paragraphs, sentences,
clauses and words of this article are severable. If any section, subsection,
paragraph, sentence, clause or word is declared unconstitutional or
otherwise invalid by the lawful judgment or decree of any court of
competent jurisdiction, its unconstitutionality or invalidity shall
not affect the validity of any of the remaining sections, subsections,
paragraphs, sentences, clauses and words of this article, since the
sections or parts of sections would have been enacted by the Town
Council without and irrespective of any unconstitutional or otherwise
invalid section, subsection, paragraph, sentence, clause or word being
incorporated into this article.
