A. General: The City of Waterloo, in accordance with its police powers, may deploy, erect or cause to have erected an automated traffic enforcement system for making video images of vehicles that fail to obey red light traffic signals at intersections designated by the Chief of Police, or his designee, or fail to obey speed regulations at said intersections or other locations in the City. The systems may be managed by the private contractor that owns and operates the requisite equipment with supervisory control vested in the City's Police Department. Video 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 Traffic Control Ordinances and are to receive a Notice of Violation for the offense. (Ord. 5487, 3-4-2019)
B. Definitions:
AUTOMATED TRAFFIC CITATION: Shall mean a notice of fine generated in connection with the automated traffic enforcement system.
AUTOMATED TRAFFIC ENFORCEMENT CONTRACTOR: Shall mean the company or entity, if any, with which the City of Waterloo contracts to provide equipment and/or services in connection with the automated traffic enforcement system.
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 or Police Department employee to automatically produce photographs, video or digital images of each vehicle violating a standard traffic control device or speed restriction.
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. Vehicle Owner's Civil Liability For Certain Traffic Offenses:
1. The vehicle owner shall be liable for a fine as imposed below if such a 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 arrow.
2. The vehicle owner shall be liable for a fine as imposed below if such vehicle travels at a speed above the posted limit.
3. The violation may be exempted from liability as outlined in subsection F of this section, and other defenses may be considered in connection with the appeal process.
4. In no event will an automated traffic citation 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. Notice Of Violation; Fine:
1. Notice of the violation will be mailed to the vehicle owner for each violation recorded by an automated traffic enforcement system or traffic control signal monitoring device. The automated traffic enforcement contractor shall mail the notice within thirty (30) days after receiving information about the vehicle owner. The notice shall include the name and address of the vehicle owner; the vehicle make, if available and readily discernable, and registration number; the violation charged; the time; the date; and the location of the alleged violation; the applicable fine and monetary penalty which shall be assessed for late payment; information as to the availability of an administrative hearing in which the notice may be contested on its merits; and that the basis of the notice is a photographic record obtained by an automated traffic enforcement system.
2. Any violation of subsection C1 or C2 of this section shall be subject to a civil fine as established by resolution. All civil fines shall be payable to the City of Waterloo.
E. Contesting An Automated Traffic Citation: Within thirty (30) days from the date appearing at the top of a notice of automated traffic citation sent to the vehicle owner, the vehicle owner may either pay the fee associated with the citation or challenge the citation by submitting a written challenge to the citation or requesting that a municipal infraction be filed pursuant to Iowa Code Section 364.22. Any such written challenge or request shall be on a form specified by and available from the city as indicated on the notice, and be sent to the city according to the instructions on that form. Upon receipt of a written challenge, a Waterloo police officer shall determine whether the citation should be rescinded. Within thirty (30) days after the city receives such a challenge, the city shall notify the vehicle owner whether the challenge to the automated traffic citation is successful, in which case, the citation shall be rescinded. Otherwise, the citation shall stand. Thereafter, the city may seek voluntary payment and/or file the citation as a municipal infraction against the vehicle owner, as set forth in subsection G.
F. Exceptions To Owner Liability: There shall be no liability pursuant to this section if:
1. The operator of the vehicle in question was issued a Municipal infraction for the violation in question pursuant to section 1-3-2(B) of this chapter; or
2. The violation occurred at any time after the vehicle in question or its state registration plates were reported to a law enforcement agency as having been stolen, provided, however, the vehicle or its plates had not been recovered by the vehicle owner at the time of the alleged violation; or
3. The vehicle in question was an authorized emergency vehicle; or
4. The officer inspecting the recorded image determines that the vehicle in question was lawfully participating in a funeral procession; or
5. The officer inspecting the recorded image determines that the vehicle in question entered the intersection in order to yield the right-of-way to an emergency vehicle.
G. Failure To Timely Pay: If the recipient of an automated traffic citation does not either pay the fine by the due date stated in the citation or appeal the citation as provided herein, a Municipal infraction may be filed by the Waterloo Police Department and a fine may be sought in accordance with subsection D of this section. One municipal infraction citation may be issued for multiple traffic violations for the same vehicle as different counts. If judgment is entered in favor of the city, mandated court costs will be added to the amount of the fine imposed by this section. The city may, subject to applicable law, pursue enforcement of the judgment together with interest as permitted by law. Collection of that judgment may include referral to the State of Iowa Income Offset Program. Notwithstanding the city's right to file a municipal infraction, the city may first seek voluntary payment of the fine by sending a written request for payment to the vehicle owner and/or referring the matter to a private service agent to conduct collection in accordance with all applicable law. (Ord. 5411, 8-7-2017; amd. Ord. 5607, 7-6-2021; Ord. 5694, 4-17-2023)