(1) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning.
(a) "Citations and warning notices" shall include:
(i) The name and address of the registered owner of the vehicle;
(ii) The registration plate number of the motor vehicle involved in the violation;
(iii) The violation charged;
(iv) The location of the violation;
(v) The date and time of the violation;
(vi) A copy of the recorded image;
(vii) The amount of the civil penalty imposed and the date by which the civil penalty should be paid, or by which a hearing must be requested, pursuant to subsection (c)(2)(b) of this section, which dates shall be not less than thirty (30) days from the date of mailing of the citation;
(viii) A signed statement by a member of the police department that, based on inspection of recorded images, the motor vehicle was being operated in violation of subsection (c) of this section; and
(ix) Information advising the person alleged to be liable under this section:
(A) Of the manner and time in which liability alleged in the citation occurred and that the citation may be contested in the city court; and
(B) Warning that failure to contest in the manner and time provided shall be deemed an admission of liability and that a default judgment may be entered thereon.
(b) "In operation" means operating in good working condition.
(c) "Recorded images" means images recorded by a traffic control photographic system on:
(i) On:
(A) A photograph;
(B) A microphotograph;
(C) An electronic image;
(D) Videotape; or
(E) Any other medium; and
(ii) At least one (1) image or portion of tape, clearly identifying the registration plate number of the motor vehicle.
(d) "System location" is any public street within the City of Cookeville on which a photographic, video or electronic camera is in operation.
(e) "Traffic control photographic system" is an electronic system consisting of a photographic, video or electronic camera and a vehicle sensor located on any public street within the City of Cookeville to automatically produce photographs, video or digital images of each vehicle violating an established or posted speed limit for any such system location(s).
(f) "Vehicle owner" is the person identified by the state department of safety as the registered owner of a vehicle.
(2) General.
(a) The city police department or an agent of the department shall administer the traffic control photographic systems.
(b) The city shall adopt procedures for the issuance of citations and warnings under this section. A citation or warning alleging that the violation of subsection (3) of this section occurred, sworn to or affirmed by officials or agents of the city, based on inspection of recorded images produced by a traffic control photographic system, shall be evidence of the facts contained therein and shall be admissible in any proceeding alleging a violation under this section. The citation or warning shall be forwarded by first-class mail to the owner's address as given on the motor vehicle registration. Personal service of process on the owner shall not be required.
(3) Offense.
(a) It shall be unlawful for a vehicle to travel through a system location within the City of Cookeville at a rate of speed in excess of that rate of speed established or posted for any such system location(s).
(b) A person who receives a citation under subsection (3) may:
(i) Pay the civil penalty, in accordance with instructions on the citation, directly to the city court; or
(ii) Elect to contest the citation for the alleged violation.
(c) The owner of a vehicle shall be responsible for a violation under this section, except when he can provide evidence that the vehicle was in the care, custody or control of another person at the time of the violation, as described in subsection (3)(d) of this section, in which circumstance the person who had the care, custody or control of the vehicle at the time of the violation shall be responsible.
(d) Notwithstanding subsection (3)(c) of this section, the owner of the vehicle shall not be responsible for the violation if, on the designated court date, he furnishes the city court:
(i) An affidavit by him stating the name and address of the person or entity who leased, rented, or otherwise had the care, custody or control of the vehicle at the time of the violation; or
(ii) An affidavit by him stating that, at the time of the violation, the vehicle involved or its license plate was stolen, along with a certified copy of the police report reflecting such theft, or that the vehicle was in the care, custody or control of some person who did not have his permission to use the vehicle, and stating the name and address of said person. An affidavit alleging theft of a motor vehicle or its plates must be provided by the registered owner of a vehicle receiving a notice of violation within thirty (30) days of the mailing date of the notice of violation.
If an individual identified pursuant to subsection (3)(d)(i) placed the vehicle in the care, custody or control of another at the time of the violation, said individual may likewise submit an affidavit pursuant to subsection (3)(d)(i). If an individual identified pursuant to subsection (3)(d)(i) demonstrates to the city court that he or she did not lease or rent the vehicle, or otherwise was not given care, custody or control of the vehicle, the owner of the vehicle shall remain responsible for the violation, and a citation as set forth above shall be reissued to the owner of the vehicle.
(4) Penalty.
(a) Any violation of subsection (3) of this section shall subject the responsible person or entity to a civil penalty of fifty dollars ($50.00), without assessment of court costs or fees. Failure to pay the civil penalty or appear in court to contest the citation on the designated date shall subject the responsible person or entity to assessment of court costs and fees as set forth in this chapter and chapter 8 of the code of ordinances, except that no court costs or fees shall be assessed unless a second notice is sent by first class mail to the registered owner of the motor vehicle and such second notice provides for an additional thirty (30) days for payment of such citation. The city may establish procedures for the trial of civil violators, and the collection of civil penalties and may enforce the penalties by a civil action in the nature of a debt.
(b) A violation for which a civil penalty is imposed under this section shall not be considered a moving violation and may not be recorded by the police department or the state department of safety on the driving record of the owner or driver of the vehicle and may not be considered in the provision of motor vehicle insurance coverage.
(5) Exemptions. The owners of the following vehicles are exempt from receiving a notice of violation:
(a) Emergency vehicles with active emergency lights;
(b) Vehicles traveling on any public street within the City of Cookeville avoiding or clearing the way for a marked emergency vehicle;
(c) Vehicles under police escort
(as added by Ord. #09-05-07, June 2009)