(a) As used in this section, an "unmanned traffic monitoring device" means a photographic, video, or electronic digital camera and vehicle sensor installed to work in conjunction with an official traffic control device to automatically produce photographs, video, or digital images of each vehicle which enters a traffic intersection in disregard of a red traffic signal.
(b) The City may contract with a vendor to provide and install necessary equipment, but the City shall either purchase and hold title to the equipment or pay a set amount pursuant to a lease. Under no circumstances shall any vendor be compensated based on a contingent fee related to the number of citations issued or revenues generated.
(c) The City shall implement a plan for the fair use of such equipment to assure that the rights of citizens are protected. Such a plan shall include, but not necessarily be limited to, supervision by the Judge of the 28th District Court, the Chief of Police and the Department of Public Services in consultation with engineers, prosecutors and other interested parties. The plan shall include safeguards to prevent the tampering with the timing of traffic lights to increase the number of violations.
(d) Prior to the operation of an unmanned monitoring device, the City shall post signs at various locations on City streets to inform citizens that intersections are being so monitored. Thirty days after the posting of the signs, the owner of a vehicle shall be guilty of a civil infraction if he or she drives a motor vehicle into an intersection after the signal has turned red as shown by photographic evidence obtained by the unmanned monitoring device.
(e) A sworn statement by a Southgate Police Officer or a person appointed by the Judge of the 28th District Court shall be prima facie evidence of the facts contained in the sworn statement. Any photographs, videotape, or digital images evidencing the violation shall be available for inspection in a proceeding to adjudicate the liability for a violation of this section. All such evidence shall be destroyed one year after final disposition of the citation.
(f) In the prosecution of any violation of this section, prima facie evidence that the vehicle described in the citation was operated in violation of this section together with proof that the defendant or defendants were at the time of the violation the registered owner or owners of the vehicle, constitutes a rebuttable presumption that the registered owner or owners of the vehicle were operating the vehicle when the violation occurred. This presumption may be rebutted if the registered owner of the vehicle files an affidavit by regular mail with the Clerk of the Court that he or she was not the operator of the vehicle at the time of the alleged violation or testifies in open court under oath that he or she was not the operator of the vehicle at the time of the alleged violation. The presumption also may be rebutted if a certified copy of a police report, showing that the vehicle was reported to the police as stolen before the time of the alleged violation of this section is presented to the court before the return date established on the citation.
(g) A citation for a violation of this section may be delivered to the owner or owners of the vehicle as shown in the records of the Secretary of State by first-class mail. If the summoned person fails to appear, the citation shall be mailed by certified mail, return receipt requested. If the summoned person fails to appear in response to the certified mail, the Court may issue a bench warrant to cause the appearance of the summoned person.
(h) No points shall be assessed on the driving record of a person for a violation of this section.
(i) The owner of a motor vehicle shall not be responsible for a violation of this section if he or she can show by a preponderance of the evidence one of the following:
(1) The traffic-control signal was not in proper position and sufficiently legible to an ordinarily observant person;
(2) The operator of the motor vehicle was acting in compliance with the lawful order or direction of a police officer;
(3) The operator of the motor vehicle was part of a funeral procession;
(4) The operator of the motor vehicle violated the instructions of the traffic-control signal so as to yield the right-of-way to an immediately approaching authorized emergency vehicle; or
(5) The motor vehicle was being operated as an authorized emergency vehicle operating in compliance with Michigan law.
(j) The civil fines to be assessed under this section shall be set by resolution of the City Council. The Judge of the 28th District Court may also levy costs in addition to the fines determined by Council.
(Ord. 826. Passed 5-3-06.)