(A) Definitions.
IN OPERATION
. Operating in good working condition.
SYSTEM LOCATION
. The approach to an intersection toward which a photographic, video or electronic camera is directed and is in operation.
TRAFFIC CONTROL PHOTOGRAPHIC 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 control and to automatically produce photographs, video or digital images of each vehicle violating a standard traffic control.
VEHICLE OWNER
. The person identified by the North Carolina Division of Motor Vehicles as the registered owner of a vehicle.
(B) General.
(1) The Municipal Management Team as defined by the Interlocal Agreement shall oversee the Traffic Control Photographic Program and shall maintain a list of system locations where traffic control photographic systems are installed.
(2) Any citation for a violation of G.S. § 20-158 issued by an officer of the Monroe Police Department at a system location shall be treated in the same manner as prescribed in this article.
(3) The citation shall clearly state the manner in which the violation may be appealed. The citation shall be processed by officials or agents of the city and shall be forwarded by personal service or first-class mail to the owner's address as given on the motor vehicle registration.
(C) Offense.
(1) It shall be unlawful for a vehicle to cross the stop line at a system location when the traffic signal for that vehicle's direction of travel is emitting a steady red light, or for a vehicle to violate any other traffic regulation specified in G.S. § 20-158.
(2) The owner of a vehicle shall be responsible for a violation under this section, except when he or she 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).
(3) Notwithstanding subsection (2), the owner of the vehicle shall not be responsible for the violation if, within 21 days after notification of the violation, he or she furnishes the officials or agents of the city:
(a) The name and address of the person or entity who leased, rented, or otherwise had the care, custody, and control of the vehicle at the time of the violation; or
(b) An affidavit by him or her stating that, at the time of the violation, the vehicle involved was stolen or was in the care, custody, or control of some person who did not have his permission to use the vehicle.
(D) Penalty. Any violation of division (C)(1) of this section shall be deemed a noncriminal violation for which a civil penalty of $50 shall be assessed, and for which no points authorized by G.S. § 20-16(c) shall be assigned to the owner or driver of the vehicle. Failure to pay the civil penalty or file an appeal within 21 days after notification of the violation shall result in an additional penalty of $50. The city may establish procedures for the collection of the civil penalties and may enforce the penalties by a civil action in the nature of a debt.
(E) Appeals. A notice of appeal shall be filed within 21 days after notification of the violation. The failure to give notice of appeal within this time period shall constitute a waiver of the right to contest the citation. Appeals shall be heard through an administrative process established by the city Police Department. An individual desiring a hearing must post a bond equal to the amount of the civil penalty before an appeal hearing will be scheduled. The hearing officer's decision is subject to review in the Superior Court of Union County by proceedings in the "nature of certiorari."
(Ord. O-2002-12, passed 3-5-02)