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(1) Automated red light enforcement systems that are approved by the Pennsylvania Department of Transportation may be used to enforce this Chapter only at the following intersections, and as this list may be amended from time to time by ordinance, subject to the designation of such intersections by agreement of the System Administrator and the Pennsylvania Secretary of Transportation:
(a) U.S. Route 1 (Roosevelt Boulevard) at Grant Avenue, at Red Lion Road and at Cottman Street.
(b) Kensington Avenue at Clearfield Street.
(c) Richmond Street at Allegheny Avenue and at Castor Avenue.
(d) Aramingo Avenue at York Street.
(e) Thompson Street at Lehigh Avenue.
(f) Broad Street at Washington Avenue.
(g) Broad Street at Oregon Avenue. 412
(h) Grays Ferry Avenue at 34th Street. 413
(i) Southampton Road at Roosevelt Boulevard. 414
(j) Welsh Road at Roosevelt Boulevard. 415
(k) Rhawn Street at Roosevelt Boulevard. 416
(m) Mascher Street at Roosevelt Boulevard. 418
(n) 9th Street at Roosevelt Boulevard. 419
(o) Hunting Park Avenue at Broad Street. 420
(p) 58th Street at Walnut Street. 421
(q) John F. Kennedy Boulevard at Broad Street. 422
(r) South Penn Square at Broad Street. 423
(s) Henry Avenue at Walnut Lane. 424
(t) Rising Sun Avenue at Adams Avenue. 425
(u) Aramingo Avenue at York Street. 426
(v) Aramingo Avenue at Castor Avenue. 427
(w) Vine Street at Broad Street. 428
(x) Island Avenue at Lindbergh Boulevard. 429
(y) Grant Avenue at Academy Road. 430
(z) Reserved.
(aa) Worthington Road at Byberry Road. 431
(bb) Woodhaven Road at Knights Road. 432
(cc) Stenton Avenue at Ogontz Avenue. 433
(dd) Island Avenue and Bartram Avenue. 434
(ee) 26th Street and Penrose Avenue. 435
(ff) 2nd Street and Erie Avenue. 436
(gg) Belmont Avenue and Parkside Avenue. 437
(hh) Rising Sun Avenue and Levick Street. 438
(ii) 70th Street and Lindbergh Boulevard. 439
(jj) 52nd Street and Lancaster Avenue. 440
(kk) 31st Street and Spring Garden Street. 441
(mm) 58th Street and Baltimore Avenue. 443
(nn) 20th Street and John F. Kennedy Boulevard. 444
(oo) Kelly Drive and Eakins Oval. 445
(pp) 17th Street & Washington Avenue. 446
(qq) Kelly Drive & Falls Bridge. 447
(rr) Belmont Avenue, Ford Road & Overbrook Avenue. 448
(2) No automated red light enforcement system shall be used at any intersection unless there is posted an appropriate sign in a conspicuous place before the area in which the automated red light enforcement device is used notifying the public that an automated red light enforcement device is in use immediately ahead.
Notes
| 412 | Added, Bill No. 060053 (approved April 20, 2006). |
| 413 | Added, Bill No. 060053 (approved April 20, 2006). |
| 414 | Added, Bill No. 060802 (approved January 23, 2007). |
| 415 | Added, Bill No. 060798 (approved January 23, 2007). |
| 416 | Added, Bill No. 060798 (approved January 23, 2007). |
| 417 | Added, Bill No. 060798 (approved January 23, 2007). |
| 418 | Added, Bill No. 060890 (approved January 23, 2007). |
| 419 | Added, Bill No. 080211 (approved April 28, 2008). |
| 420 | Added, Bill No. 080211 (approved April 28, 2008). |
| 421 | Added, Bill No. 080204 (approved April 28, 2008). |
| 422 | Added, Bill No. 080931 (approved February 25, 2009). |
| 423 | Added, Bill No. 080931 (approved February 25, 2009). |
| 424 | Added, Bill No. 090386 (approved June 24, 2009). |
| 425 | Added, Bill No. 090382 (approved June 24, 2009). |
| 426 | Added, Bill No. 090391 (approved June 24, 2009). |
| 427 | Added, Bill No. 090407 (approved June 24, 2009). |
| 428 | Added, Bill No. 110120 (approved April 13, 2011). |
| 429 | Added, Bill No. 110232 (approved May 25, 2011). |
| 430 | Added, Bill No. 110308 (approved December 21, 2011). |
| 431 | Added, Bill No. 110634 (approved November 14, 2011). |
| 432 | Added, Bill No. 110635 (approved November 14, 2011). |
| 433 | Added, Bill No. 130124 (approved June 17, 2013). |
| 434 | Added, Bill No. 130563 (approved October 23, 2013). Enrolled bill numbered this as subsection (cc); renumbered by Code editor. |
| 435 | Added, Bill No. 150213 (approved June 30, 2015). Enrolled bill numbered this as subsection (w); renumbered by Code editor. |
| 436 | Added, Bill No. 150214 (approved June 2, 2015). |
| 437 | Added, Bill No. 150278 (approved June 2, 2015). |
| 438 | Added, Bill No. 170718 (approved October 25, 2017). |
| 439 | Added, Bill No. 180868 (approved December 11, 2018). |
| 440 | Added, Bill No. 200182 (approved December 1, 2020). |
| 441 | Added, Bill No. 200561 (approved December 1, 2020). |
| 442 | Added, Bill No. 220505 (approved August 31, 2022). Enrolled bill numbered this as subsection (w); renumbered by Code editor. |
| 443 | Added, Bill No. 220518 (approved August 31, 2022). Enrolled bill numbered this as subsection (w); renumbered by Code editor. |
| 444 | Added, Bill No. 220574 (approved August 31, 2022). Enrolled bill numbered this as subsection (w); renumbered by Code editor. |
| 445 | Added, Bill No. 220575 (approved August 31, 2022). Enrolled bill numbered this as subsection (w); renumbered by Code editor. |
| 446 | Added, Bill No. 230678 (approved November 13, 2023). |
| 447 | |
| 448 |
(1) The penalty for a violation of this Chapter shall be a fine of one hundred dollars ($100).
(2) Fine money collected by the System Administrator pursuant to this Chapter shall be distributed as set forth in Section 3116 of the Motor Vehicle Code.
(3) No penalties are authorized during the first forty-five (45) days of operation of the automated system at each particular intersection. During such phase-in period, a warning may be sent to the violator. 449
Notes
| 449 |
(1) The System Administrator shall prepare and mail a notice of violation addressed to the registered owner of a vehicle identified in a recorded image produced by an automated red light enforcement system as evidence of a violation of Section 3112(a)(3) of the Motor Vehicle Code and this Chapter. 450
(2) The notice of violation must include:
(a) the name of the registered owner of the vehicle;
(b) the registration number and state of issuance of the vehicle registration;
(c) the date, time and place of the alleged violation;
(d) a statement that the violation charged is under Section 3112(a)(3) of Title 75 of the Pennsylvania Consolidated Statutes (The Motor Vehicle Code) and this Chapter;
(e) the penalty for the violation;
(f) a copy of the recorded image showing the vehicle;
(g) the date on which the notice was mailed;
(h) instructions for return of the notice of violation; and
(i) the following text: This notice shall be returned personally, by mail or by an agent duly authorized in writing, within 30 days of issuance. A hearing may be obtained upon the written request of the registered owner. Failure to return this notice or to request a hearing within 30 days of mailing of this notice shall be considered an admission of liability.
(3) The notice of violation must be signed by a City police officer verifying that he or she has inspected the recorded images evidencing the violation and that he or she has reason to believe the information contained in the notice of violation is true and correct.
(4) Notice of violation must be sent by first class mail. A manual or automatic record of mailing prepared by the System Administrator in the ordinary course of business shall be prima facie evidence of mailing and shall be admissible in any judicial or administrative proceeding as to the facts contained in it.
(5) In the case of a violation involving a motor vehicle registered under the laws of this Commonwealth, the notice of violation must be mailed within 30 days after the commission of the violation or within 30 days after the discovery of the identity of the registered owner, whichever is later, and not thereafter to the address of the registered owner as listed in the records of the Department of Transportation. In the case of motor vehicles registered in jurisdictions other than this Commonwealth, the notice of violation must be mailed within 30 days after the discovery of the identity of the registered owner and not thereafter to the address of the registered owner as listed in the records of the official in the jurisdiction having charge of the registration of the vehicle. A notice of violation under this Section must be provided to an owner within 90 days of the commission of the offense. 451
(6) The provisions of Chapter 12-1400 shall not apply to this Chapter.
(7) The total sum of costs and additional fees payable by a person who fails to answer a notice of violation issued pursuant to this Chapter shall be: 452
(a) twenty dollars ($20) for each notice which remains unappealed or unpaid for more than thirty (30) days from issuance; and
(b) twenty-five dollars ($25) for each notice which remains unappealed or unpaid for more than sixty (60) days from issuance; and
(c) thirty dollars ($30) for each notice which remains unappealed or unpaid for more than ninety (90) days from issuance.
Notes
| 450 | Amended, Bill No. 080931 (approved February 25, 2009). |
| 451 | Amended, Bill No. 120954 (approved January 14, 2013). |
| 452 |
An owner to whom a notice of violation has been issued may admit responsibility for the violation and pay the fine set forth in the notice. Payment must be made personally, through an authorized agent or by mailing both payment and the notice of violation to the System Administrator. Payment by mail must be made only by money order, credit card or check made payable to the System Administrator. Payment of the established fine shall operate as a final disposition of the case.
(1) An owner to whom a notice of violation has been issued may, within 30 days of the mailing of the notice, request a hearing to contest the liability alleged in the notice. A hearing request must be made by appearing before the System Administrator during regular office hours either personally or by an authorized agent or by mailing a request in writing.
(2) Upon receipt of a hearing request, the System Administrator shall in a timely manner schedule the matter before a Hearing Officer. Written notice of the date, time and place of hearing must be sent by first class mail to the owner.
(1) The Director of Finance shall appoint such Hearing Officers as shall be necessary to carry out the provisions of this Chapter and shall have the power to provide by regulation additional rules for the hearing and determination of cases involving alleged violations of provisions of this Chapter.
(2) Hearings pursuant to this Chapter shall be informal; the rules of evidence shall not apply; and the decision of the Hearing Officer shall be final, subject to the right of the owner to appeal the decision to the Traffic Court.
(3) The System Administrator shall not be required to submit any evidence other than the following, which shall be admissible in such hearing:
(a) the notice of violation, including the recorded image evidencing a violation of Section 3112(a)(3) of the Motor Vehicle Code and this Chapter;
(b) information from a state department of transportation or motor vehicles identifying the owner of the vehicle; and
(c) a certificate, or a facsimile of a certificate, sworn to or affirmed by a City police officer based upon inspection of recorded images produced by an automated red light enforcement system, which shall be prima facie evidence of the facts contained in it; provided, however, that written documentation is provided that the automated red light enforcement system was operating correctly at the time of the alleged violation.
(4) The police officer who signs the notice of violation shall not be required to appear at the hearing unless the respondent has denied liability and the Hearing Officer determines that the police officer's presence is required. The Hearing Officer may grant a reasonable continuance if the officer is not available at the time of hearing.
(5) The System Administrator shall provide the owner with notice of the decision of the Hearing Officer, together with any reasons provided by the Hearing Officer, and advise the owner of his or her right to appeal the decision of the Hearing Officer. If the owner does not notify the System Administrator of a desire to appeal the decision within 30 days of mailing of the notice of the decision of the Hearing Officer, the decision shall be final and liability shall be established pursuant to such decision.
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