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HomeMy WebLinkAbout2025-06 An Ordinance Amending Title 7 of the Vail Town Code by the Addition of a New Chapter 14, to Establish an Automated Vehicle Identification SystemORDINANCE NO. 6 Series of 2025 AN ORDINANCE AMENDING TITLE 7 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW CHAPTER 14, TO ESTABLISH AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM WHEREAS, the Town Council wishes to add provisions to the Vail Town Code to include the use of an automated vehicle identification system to detect violations of traffic regulations; and WHEREAS, the Town Council finds it in the best interest of the public health, safety and welfare to adopt these amendments to the Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 7 of the Vail Town Code is hereby amended by the addition of a new Chapter 14 as follows: CHAPTER 14: AUTOMATED VEHICLE IDENTIFICATION SYSTEMS § 7-14-1 DEFINITIONS. For purposes of this Chapter, the following terms shall have the following meanings: AUTOMATED VEHICLE IDENTIFICATION SYSTEM: A machine used to automatically detect a traffic violation and simultaneously record a photograph of the vehicle and the license plate of the vehicle. NOTICE OF VIOLATION: A notice to a registered owner of a vehicle involved in a traffic violation detected by an automated vehicle identification system advising that the violation has been detected, or a similar notice mailed to the operator of the vehicle identified by the registered owner of said vehicle. PENALTY ASSESSMENT NOTICE: A notice to a registered owner of a vehicle involved in a traffic violation that has previously received a notice of violation. RESIDENTIAL NEIGHBORHOOD:A block on which a majority of the improvements along both sides of the street are residential dwellings and the speed limit is thirty-five (35) miles per hour or less. § 7-14-2 NOTICE OF VIOLATION. (A) If the Town detects any alleged traffic violation through the use of an automated vehicle identification system, the Town may issue to the vehicle's registered owner a notice of violation. 2 (B) The Town may only issue a notice of violation for violations that occur: (1) Within a school zone; (2) Within a residential neighborhood; (3) Within a maintenance, construction, or repair zone designated pursuant to C.R.S. § 42-4-614; (4) Along a street that borders a Town park; or (5) Along a street, or portions of a street designated as an automated vehicle identification system corridor as set forth in Section 7- 14-5. (C) The notice of violation shall be served: (1) Within thirty (30) days after the alleged violation if the vehicle involved in the alleged violation is registered in the State; or (2) Within sixty (60) days after the alleged violation if the vehicle involved in the alleged violation is registered outside the State. (D) The notice of violation shall contain: (1) The name and address of the registered owner of the motor vehicle involved in the alleged violation; (2) The license plate number of the motor vehicle involved in the alleged violation; (3) The date, time, and location of the alleged violation; (4) The amount of the civil penalty prescribed for the alleged violation; (5) The deadline for payment of the prescribed civil penalty and for disputing the alleged violation; and (6) Information on how the registered owner may either dispute the alleged violation at a hearing or pay the prescribed penalty. (E) To protest a notice of violation, the registered owner shall request a hearing in writing within forty-five (45) days after the date of the notice of violation. At the hearing, the Town may not require the registered owner to disclose the identity of the driver of the vehicle, but may require the registered owner to submit evidence that the owner was not the driver at the time of the alleged violation. § 7-14-3 SPEEDING. (A)Signage. The Town shall place a sign in a conspicuous place not fewer than three hundred (300) feet before the area in which the automated vehicle identification system is used, to notify the public that an automated vehicle identification system is in use immediately ahead. 3 (B)Violations. (1) For a speeding violation of less than ten (10) miles per hour over the speed limit, the violation may be cited as follows: (a) For the first offense, a written warning with no penalty or surcharge; or (b) For the second or subsequent offense, a notice of violation. (2) For a speeding violation of more than ten (10) miles per hour over the speed limit, the Town may issue the registered owner a notice of violation. (C)Penalty. The maximum penalty, including any surcharge, is forty dollars ($40.00), unless the violation is within a school zone or a designated construction zone, in which case the maximum penalty is eighty dollars ($80.00). § 7-14-4 DISOBEDIENCE TO A TRAFFIC CONTROL SIGNAL. (A) For traffic control signals, the Town shall post a sign notifying the public that an automated vehicle identification system is in use immediately ahead. Such sign shall: (1) Be placed in a conspicuous location not less than two hundred (200) feet and not more than five hundred (500) feet before the automated vehicle identification system; and (2) Use lettering that is at least four (4) inches high for upper case letters and two and nine-tenths (2-9/10) inches high for lower case letters. (B) The maximum penalty, including any surcharge, is seventy-five dollars ($75.00). § 7-14-5 AUTOMATED VEHICLE IDENTIFICATION SYSTEM CORRIDORS. (A) The Town identifies the following corridors as automated vehicle identification system corridors: (1) East and Westbound South Frontage Road from 1000 South Frontage Road West to 700 South Frontage Road East; and (2) East and Westbound North Frontage Road from 2293 North Frontage Road West to 1300 North Frontage Road West. (B) Prior to using an automated vehicle identification system on an automated vehicle identification system corridor, the Town shall post a sign not fewer than three hundred (300) feet before the beginning of the corridor and a sign not fewer than three hundred (300) feet before each camera within the corridor. 4 § 7-14-6 PENALTY ASSESSMENT NOTICES. (A) If the Town has not received the prescribed civil penalty or written notice requesting a hearing by the deadline, then the Town may issue a penalty assessment notice to be served on the registered owner either by first class United States mail or personal service. (B) The penalty assessment notice shall contain: (1) The name and address of the registered owner of the motor vehicle involved in the alleged violation; (2) The license plate of the motor vehicle involved in the alleged violation; (3) The date, time, and location of the alleged violation; (4) The amount of the civil penalty prescribed for the alleged violation; (5) The deadline for payment of the prescribed civil penalty; and (6) Information on how to pay the prescribed civil penalty. (C) If the registered owner fails to pay the full penalty by the deadline, a final order of liability shall be entered against and personally served on the registered owner. (D) The Town may initiate or pursue a collection action against the registered owner for debt resulting from the final order of liability. (E) The Town shall not report to the Colorado Department of Transportation any conviction or final order if the violation was detected through the use of an automated vehicle identification system. (F) If the registered owner fails to pay the full penalty, the Town shall not attempt to enforce the penalty by immobilizing the vehicle. (G) No portion of any fine collected through the use of an automated vehicle identification system may be paid to the manufacturer or vendor of the automatic vehicle identification system equipment. The compensation shall be based on the value of equipment and services provided, and may not be based on the number of traffic citations issued or the revenue generated by such equipment or services. § 7-14-7 DATA RETENTION. (A) The Town shall program the automated vehicle identification system to retain data only when a traffic violation occurs. (B) The Town shall treat all photographs and video collected by the automated vehicle identification system as confidential and exempt from disclosure and inspection pursuant to the Colorado Open Records Act, C.R.S. § 24-72-200.1, et seq. 5 (C) The Town shall not use, disclose, sell, or permit access to photographs, video, or personal identifiable data collected by the automated vehicle identification system except to the extent necessary to operate the program, including for purposes of processing violations, for other law enforcement purposes, for transferring data to a new vendor or operating system, or pursuant to a court order. (D) The Town shall destroy any photographs and video of a violation collected by the automated vehicle identification system within three (3) years after the final disposition of the violation, unless the photographs or video are maintained in a separate system for other purposes allowed by law. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Vail Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of April, 2025 and a public hearing for second reading of this Ordinance set for the 15th day of April, 2025, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Travis Coggin, Mayor ATTEST: _______________________________ Stephanie Johnson, Acting Town Clerk 6 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of April, 2025. _____________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Johnson, Acting Town Clerk