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RED LIGHT CAMERAS
HISTORY  IN ABINGTON
 Back to Red Light home with info about Red light Cameras & most recent news that we can provide    

    ORDINANCE HISTORY    

Mar 2013 Tthe Ordinance presented to the Public Safety Committe
 January 30, 2013 - Draft of the Ordinance presented to the Public Safety Committee

12-5-12 Public Safety  Meeting,  presentation of the concept and how it would work .  Voted to allow police to work with the solicitor to develop an ordinance  for consideration by the Board.

 August 2012. First got wind of them being proposed in Abington



   THE  ORDINANCE   

Version Presented   1/13  A newer version may have been presented in March 2013 , but we will wait til the April version is presented  to post or link ( Yes we NEED your help - please ask your Commissioner to have a  succinct  webpage with a link to the most recent ordinance and meetings and updates in procedures so we don't have to go . Back to Red Light homefor most tecent news

 
Authorizing the Enforcement of Section 3112(A)(3) (Relating to i ) Traffic Control Signals) by Recording Violations Using an Automated Red Light Enforcement System Approved
by the Pennsylvania Department of Transportation


Recommend Board Action

Motion to advertise Ordinance 2044 authorizing the enforcement of Section
3112(A)(3) (relating to traffic control signals) by recording violations using an automated
red light enforcement system approved by the Pennsylvania Department of
Transportation

Comments

See Attached Ordinance

This draft ofthe ordinance proposes red light cameras at:

Susquehanna and Old York

Susquehanna and Highland
Fitzwater´own and Moreland

TOWNSHIP OF ABINGTON
MONTGOMERY COUNTY, PENNSYLVANIA

QRDINANCE NO. 2044

AN ORDINANCE OF THE TOWNSHIP OF ABINGTON AUTHORIZING THE
ENFORCEMENT OF SECTION 3112(A)(3) (RELATING TO TRAFFIC CONTROL
SIGNALS) BY RECORDING VIOLATIONS USING AN AUTOMATEI) REI) LIGHT
ENFORCEMENT SYSTEM APPROVED BY THE PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION

The Board of Commissioners of ţhe Township of Abington does hereby ENACT and
ORDAIN as follows:

Sectifm 1. Deiţnitions.

(l) Automated red [ight enforcement system. Shall mean a vehicle sensor installed to
work in conjunction with a traf˝c-control Signal which automatically produces one or more
photographs of a Vehicle at the time the vehicle is used or operated in, a manner which is a
violation ofthe Motor Vehicle Code., or as otherwise de˝ned under the Motor Vehicle Code.

(2) Designee. Shall include a person, business entity or govenimental enţity, including
the Pennsylvania Department of Transportation.

(3) Motor Vehicle Code. Shall mean Title 75 of the Pennsylvania Consolidated
Statutes.

(4) Photograph. Shall mean any visual image produced by an automated red light
enforcemen´ System. l

Section 2. Automated Red Light Enforcement.

An individual whose vehicle is recorded by an automated red light enforcement system in
Violation ofthe prohibition of section 3 l 12(3)(3) ofthe Motor Vehicle Code (relating to
obedience to the steady red light indication of traffic control signals) at such intersections of the
Township of Abington designated and identified pursuant to this Ordinance shall be liable for
civil penalties as set forth in this Ordinance.

Section 3. Intersections At Which This ▄rdinance Applies.

(l) Automated red light enforcement systems approved by the Pennsylvania
Department of Transportation may be used to enforce this Ordinance 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 ofthe system administrator and the Pennsylvania
Secretary of Transportation:

(a) 01d York Road and Susquehanna Road

(b) Highland Avenue and Susquehanna Road

(c) Moreland Road and Fitzwaţen'own Road

Section 3. Penalty.

(l) The penalty for a Violation ofsection 2 of this Ordinance shall be a fme of
$100.00.

(2) A fine is not auţhorized for a Violation of this Ordinance if any of the following
apply:

(i) The intersection is being manually conţrolled; or

(ii) The signal is inthe mode described in section 3i 14 0f the Motor Vehicle

Code (relating t0 flashing signals).

(3) A flue is not authorized during any of the following:

(i) The ˝rst 60 days of Operation of thel automated system at the initial

intersection.

(ii) The days for each additional` intersection selected for the

automated system,

(4) A Warning may be sent to the vÝoýator under paragraph (3).

(5) A penalty imposed under this section shall not be deemed a criminal conviction and
shall not be made part ofthe operating record under section 1535 (relating to schedule of
convictions and points ) ofthe individual upon whom the penalty is imposed, nor may the
imposition ofthe penalty be Subj ect to merit rating foi insurance purposes.

(6) No surcharge points may be imposed in the provision of motor Vehicle insurance
coverage. Fines collected under this Ordinance shall not be subjec´ to 42 Pa.C.S. 357]
(relaţing to Commonwealth portion of ═ýnes, etc.) or 3573 (relating to municipal. corporaţion
portion of fines, ete).

Section 4. Limitations.

(l) No auromaţed red light enforcement system shall be utilized in Such manner as to
take a frontal View recorded image of the vehicle as evidence of having committed a vioýation.

(2) Notwithstanding any other provision of law, camera equipment depioyed as peut. of
the automated .red light enforcement system as provided for by this Ordinance must ybe incapable

of automated or user-controlled remote intersection surveillance by means of recorded Video
images. Recorded images collected as part ofthe automated red light enforcement system may
only record traf═ic Violations and may not be used for any other surveillance purposes. The
restrictions set forth under this paragraph shall not be deemed to preclude a court of competent
jurisdiction from issuing an order directing that the information be provided to law enforcement
officials if the information is reasonably described and is requested solely in connection With a
criminal law enforcement action.

(3) Notwithstanding any other şprovision of law, information prepared under this
section and information relating to Violations under this section which is kept by the Township,
its authorized agents or employees, including recorded images, written records, reports or
facsimiles, names and addresses, shall be for the exclusive use ofthe Township, its authorized
agents, its employees and law enforcement officials for the purpose of discharging their duties
under this Ordinance. The 'information shall not be deemed a public record under the act of
February 14, 2008ş (PL. 6 No. 3), known as the Right-to-Know Law. The information shall not
be discoverable by court order or otherwise, nor shall it be offered in evidence in any action or
proceeding Which is not directly related to a Violation of this section or any ordinance or
resolution of the Township. The restrictions set forth under this paragraph shall not be deemed
to preclude a court of competent jurisdiction ˝om issuing an order directing that the information
be provided to law enforcement officials if the information is reasonably described and is
requested solely in connection With a criminal law enforcement action.

(4) Recorded images obtained through the use of automated red light enforcement
systems deployed as a means of promoting traf═ic safety in the Township shall be destroyed
Within 30 days following the ═inal disposition of any recorded event. The system administrator
shall ═ile notice With the Department of State that the records have been destroyed in accordance
With this paragraph.

(5) Notwithstanding any other provision of law, registered vehicle owner information
obtained as a result of the operation of an automated red light enforcement system under this
Ordinance shall not be the property ofthe manufacturer or Vendor ofthe automated red light
enforcement system and may not be used for any purpose other than prescribed in this
Ordinance.

Section 5. Defenses To Liability.

(l) lt shall be a defense to a Violation under this Ordinance that the person receiving
the notice of violation Was not operating the Vehicle at the time ofthe offense. The oWner may
be required to submit evidence that the owner Was not the driver at the time ofthe alleged
Violation. The Township may not require the owner ofthe vehicle to disclose the identity ofthe
operator of the Vehicle at the time of the Violation.

(2) If an owner receives a notice of Violation under this Ordinance of a time period
during Which the Vehicle Was reported to a police department of any state or municipality as
having been stolen, it shall be a defense to a Violation under this section that the Vehicle has been

reported to a police department as stolen prior to the time the violation occurred and not been
recovered prior to that time.

(3) It Shalţ be a defense to a violation under this Ordinance that the person receiving
the notice of violation was not the owner or lessor of the Vehicle at the time of the offensa

(4) No owner shalý. be found hable pursuant to this Ordinance or she is cc'nvicted
of a Violation pursuant to the Motor Vehicle Code for the same violation.

Section 6. Duties of the Township of Abington.

(i) The Township may not use an automated red light enforcement system unless an.
appropriate sign is posted in a conspicuous place before the area in which the automated red 1i ght
enforcement device is to be used notifying the public that an automated red. light enforcement
device is immediately ahead.

(2) The Township of Abington Police Department or its designee Shall serve as the
system administrator to supervise and coordinate the admÝnistraţion of notices of Violations
issued under this Ordinance,

(3) The following requirements apply to notices issued by the system administrator:

(i) The system administrator shall prepare a notice of violation 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
31i2(a)(3) of the Motor Vehicle Code. The issuance of ythe notice of vioýation
must be performed by a police officer employed bythe Township of Abington

Police Department. The notice of violation must have atţached t0 it all of the
following:

(A) A copy of the recorded image showing the vehicle.

(B) The registration number and state of issuance of vehicle

registration.

(C) The date, time and place of the alleged violation.

(D) Notice that the violation charged is under Section 31 12(a}(3) of the

Motor 'Vehicle Code

(E) instructions for the return of the notice of violation.

(ii) The notice shall contain the following statement

This notice Shall be returned personally, by mail 0r by an agent duly authorized
in writing. A beat/ing may be obtained upon tbe written request @fthe
registered owner.

(4) The notice of Violation must be Signed by a Township 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 infomation contained in the notice of violation is true and correct.

(5) Notices of violation must be sent by first class maiL A manual or automatic record
of mailing prepared bythe 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 therein.

Section 7. System Administrator.

(l) The system administrator may hire and designate personnel as necessary or contract
foy services to implement this Ordinance.

(2) The system administrator shall process fines issued under this section.

(3) The System administrator shall submit an annual report ‘to the chairman and
minority chairman of ‘the TransportaţÝon Commitţee of the House of Represontaţives. The report
Shall be Considered a public record under the RÝght-to-Know Law and include for the prior year:

(i) The number of vioýatýons and fines issued.

(ii) A compilation of ˝nes paid and outstanding.

(iii) The amount of money paid to a Vendor or manufacturer under this

Ordinance.

Section 8. Notice to ▄wner.

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 of the commission of the
violation er Within 30 days after the discovery ofthe identity of the registered owner, which ever
is later, to the address of the registered owner as listed inthe records of the Department of
Transportation. ln the case of motor vehicles registered in jurisdietiens other than this
Commonwealth, the notice of violation must be mailed Within 30 days after the discovery of the
identity of the registered owner 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.

Section 9. Mailing of Notice and Recnrds.

şNotice of Violation must be sent by ˝rst class mail. A manual or automatic record of
mailing prepared by the system administrator in the Ordinary course of business shaţl be prima

evidence of mailing and shall be admissible in any judicial or administrative proceeding as

tothe facts contained 'm it.V

Section 10. Payment 0f Fine.

( 1) .An owner to Whom a notice of Violation .has been issued may admit responsibility for
the Violation and pay the tine provided inthe notice.

(2) Payment must be made personally, through an authorized agent, electronically or ‘oy
mailing both payment and the notice ofviolation to the system Administrator. Payment by mail
must be made only by money order, credit card or check made payable to the system
administrator. The system administrator shall remit the ═ine, less the system administrator's
operation and maintenance costs necessitated under this section, to the Department of
Transportation for deposit into a restricted receipts account in the Motor License Fund` Fines
deposited in the fund under this paragraph shall be used by the Department of Transportation for
a Transportation Enhancements Grant Program.

Section 11. Request For A Hearing.

(l) An owner to whom a notice of Violation has been issued may, within 30 days ofthe
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 ofthe date, time and place of the
hearing must be sent by ˝rst dass mail to the owner.

Section 12. Hearings.

( 1) The hearing shall be informal, the rules of evidence shall not apply and the decision
ofthe Hearing shall be final, subject to the right 0f the owner to appeal to the magisterial
district judge.

(2) If the owner requests in writing that the decision of the Hearing Officer be appealed
to the magisterial district judge, the System Administrator shall the notice of violation and
supporting documents with the magisterial district judge, who shall hear and decide the matter de

novo.

Section 13. Compensation to Manufacturer or Vendor.

The compensation paid to the manufacturer or vendor ofthe autcmated red light
enforcement system may not be based upon the number of traffic Citations issued or a portion or
percentage ofthe fines generated bythe citations. The ccmpcnsaticn paid tc the manufacturer or

Vendor of the equipment shall be based upon the value of the equipment and the services
provided or rendered in Suppen of the automated red light enforcement system.

Sect-ion 14. Duration of Yellow Light Change Interval.

The duration ofthe yellow light change interval at intersections Where autemated red
light enforcement systems are in use shall confonn to the yellow light change interval duration
specified on the traffic signal permit issued bythe Department of Transportation or the
Township.

Section 15. Revenue Limit*

The Township may not celýect an amount equal to our greater than 5% of its annual budget
from the collection of revenue from issuance and paymenţ of vÝolaţiens under ţhis Qrdinance.

Section 16. Repealed.

AH ordinances or parts of ordinances inconsistent herewith or in conflict with any of the
terms enacted herebyţ to the extent of said inconsistencies 0r eon˝icts, are hereby
specÝŕ'teally repeated.

Section 17. Severability.

ln the event that any sectiOn, sentamos, clause 0r Word 0f this Ordinance shall b@ declared.
illegal, invalid or unconstitutional by any Court of competent jurisdiction, such declaration shall

not prevent, preclude 0r Otherwise formlos@ the validity of the rsmaining pfmions of ‘ibis
Ordinance.

Section 18. Effective Date.

' This O´dÝnanee Shall become effective as of the date of enactment.

ENACTED and GRDAINED this day of _ , 2()

TOWNSH═P OF ABINGTON
A´test:

By:
Michael LeFevre, Secretm'y Peggy Myers, President

Board of Commissioners

_

 
__________

   We welcome your comments  to share either anonymously or with your name attached with your  fellow Abington residents.   Send  any updated information, comments or questions  to: lel@abingtoncitizens.com 

 

BROKEN LINKS ALERT  

Abington Township recently completely revamped their website at the end of 2015 . All links directed to the old site were broken. We will be reinstating links as we find them and if the data is still available.  
Please  let us know if you find a broken link . Send us the name of the link and the page it is on , and if we can reinstate it, we will.

 


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