§ 9.16.055. Automated red light enforcement.

(a)

General. The city of Council Bluffs, in accordance with the police powers authorized it by the state of Iowa for governing safe traffic flow, may erect or cause to have erected an automated traffic enforcement system for making photographs, video, or digital images of vehicles that fail to obey red light traffic signals at intersections designated by the mayor or his/her designee. The system may be managed by the private contractor that owns and operates the requisite equipment with supervisory control vested in the city's police department. Photographs, video, or digital images shall be provided to the police department by the contractor for review. The police department will determine which vehicle owners are in violation of the city's red light ordinance and are to receive a notice of violation for the offense.

(b)

Definitions.

(1)

"Automated traffic enforcement system" shall mean 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 and to automatically produce photographs, video, or digital images of each vehicle violating a standard traffic control.

(2)

"Vehicle owner" shall mean the person or entity identified by the Iowa Department of Transportation, or registered with any other state vehicle registration office, as the registered owner of a vehicle.

(c)

Offense.

(1)

The vehicle owner shall be liable for a fine as imposed below if such 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 or red arrow.

(2)

The violation may be rebutted by a showing that a stolen vehicle report was made on the vehicle encompassing the period in question.

(3)

The citation will in no event 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.

(d)

Penalty and Appeal.

(1)

Any violation of subsection (c)(1) shall be considered a civil violation for which a penalty of one hundred dollars ($100.00) shall be imposed, payable as directed on the citation.

(2)

A recipient of an automated red light citation may dispute the citation by requesting an issuance of municipal infraction citation by the police department. Such request will result in a required court appearance by the recipient and in the scheduling of a trial before a judge or magistrate at the Pottawattamie County Courthouse. The issuance of a municipal infraction citation will cause the imposition of state mandated court costs to be added to the amount of the violation.

(3)

If a recipient of an automated right light citation does not pay the fine by the stated due date or request a trial before a judge or magistrate, a municipal infraction will be issued to the recipient by certified mail from the police department. Said municipal infraction will result in a mandatory court appearance by the recipient as well as imposition of stated mandated court costs.

(Ord. 5870 § 1, 2005).

(Ord. No. 6036, § 1, 8-24-2009; Ord. No. 6121, § 1, 2-28-2011).