Section 10.12.065 Automated red light enforcement.

1. General. The City of Sioux City, acting pursuant to the police powers authorized it by the state of Iowa for governing safe traffic flow, authorizes the city manager to erect or cause to have erected an automated traffic enforcement system for making photographs, video, or digital images of vehicles that fail to obey red light traffic signals at intersections designated by the city manager or his or her designee. The system shall be managed by the private contractor that owns and operates the requisite equipment with supervisory control vested in the city’ s police department. Photographs, video, or digital 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 red light ordinance and are to receive a notice of violation for the offense.

a. “Automated traffic enforcement system” means 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 and to automatically produce photographs, video, or digital images of each vehicle violating a standard traffic control.

b. “Vehicle owner” means 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.

a. A violation occurs when 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 red arrow.

b. The vehicle owner shall be liable for a civil penalty as imposed in subsection (4)(a) of this section. Notice of the violation shall be by issuance of an automated red light citation sent by ordinary mail to the vehicle owner.

d. The citation will not 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.

a. Violation of subsection (3)(a) of this section shall be considered a civil violation for which a civil penalty equal to the current scheduled fine including all surcharges and costs as set by the Iowa Code for failing to obey a red light traffic signal shall be imposed, payable as directed on the citation.

b. A recipient of an automated red light citation may dispute the citation by requesting a review by the chief of police or his designee. Such request must be made in writing within fifteen (15) days after the receipt of the violation and delivered to the Sioux City police department. The failure to give notice of request for review within in this time period shall constitute a waiver of the right to contest the automated red light citation. A hearing shall be held within ten (10) business days of the request for review.

c. The chief of police or his designee shall act as hearing officer. At the conclusion of the hearing or within three days thereafter, the hearing officer shall render a written decision as to whether the owner of the vehicle is guilty of an automated red light infraction. An appeal from this decision may be had by filing a written notice with the hearing officer.

d. If further appeal is sought, a municipal infraction citation will be issued by the police department. Such a request will result in a required court appearance by the recipient and in the scheduling of a trial before a judge or magistrate at the Woodbury County Courthouse, Law Enforcement Center.

e. If a recipient of an automated red light citation does not pay the fine by the stated due date or request a trial before a judge or magistrate, a $35.00 late fee shall be assessed, and the civil penalties imposed under the provisions of this ordinance shall be collectible, together with any interest and penalties thereon, by either a private agency on behalf of the City or by civil suit. (Ord. 2006-0204)