FLOOR ORD. B Amended Electronic Enforcemt. Chap. 90 march 2009.doc
On motion by Council Member ______and seconded by Council Member ______, the following ordinance was introduced:
ORDINANCE NO.
AN ORDINANCE OF THE GRETNA COUNCIL AMENDING CHAPTER 90 TRAFFIC AND VEHICLES- ARTICLE VII ELECTRONIC ENFORCEMENT- SECTION 90-407 ENFORCEMENT PROCEEDURES, SECTION 90-408 ADMINISTRATIVE ADJUDICATION HEARING, SECTION 90-507 ENFORCEMENT PROCEEDURES AND SECTION 90-508 ADMINISTRATIVE ADJUDICATION HEARING.
WHEREAS, the City of Gretna has interest in the health, safety and welfare of its citizens; and
WHEREAS, the City of Gretna has an obligation to it citizens to clearly define terms and procedures within the ordinances governing traffic and vehicles.
NOW, THEREFORE, BE IT ORDAINED by the City Council, acting as legislative authority for the City of Gretna, that:
CHAPTER 90 TRAFFIC AND VEHICLES- ARTICLE VII ELECTRONIC ENFORCEMENT- SECTION 90-407 ENFORCEMENT PROCEEDURES, SECTION 90-408 ADMINISTRATIVE ADJUDICATION HEARING- PARAGRAPH (a), SECTION 90-507 ENFORCEMENT PROCEEDURES AND SECTION 90-508 ADMINISTRATIVE ADJUDICATION HEARING-PARAGRAPH (a) ARE AMENDED AS FOLLOWS:
Sec. 90-407. Enforcement; procedures.
(a)The police department is responsible for the enforcement and administration of sections 90-406 through 90-411, inclusive. The police department may enforce and administer sections 90-406 through 90-411, or any parts thereof, through one or more contractors selected in accordance with applicable law. If the police department uses a contractor for any portion of the enforcement or administration of this division, then the contractor shall meet the following minimum criteria:
(1) The contractor selected by the police department must be above to demonstrate five years of continuous operations of similar digital photo enforcement programs in municipalities in the United States; (2) must have three years of audited financials that show acceptable profitability;
(3) Must have sufficient financial resources to perform the contract or provide the services; and
(4) Must be able to provide a performance bond comparable to the scope of the photo enforcement program.
(b)The actions which can be used to enforce the payment of this civil penalty and related fees may consist of but not be limited to immobilization of vehicles (booting), reporting the debt to collection agencies/credit reporting agencies, and/or initiating actions through the small claims court.
(c)In order to impose a civil penalty under this division, the police department shall mail a notice of violation to the owner of the motor vehicle liable for the civil penalty not later than the 14th calendar day inclusive of legal holidays and weekends after the date the violation is alleged to have occurred.
(d)A notice of violation issued under this division shall contain the following:
(1)A description of the violation alleged;
(2)The date, time, and location of the violation;
(3)A copy of a recorded image of the vehicle involved in the violation;
(4)The amount of the civil penalty to be imposed for the violation;
(5)The date by which the civil penalty must be paid;
(6)A statement the person named in the notice of violation may pay the civil penalty in lieu of appearing at an administrative adjudication hearing;
(7)Information informing the person named in the notice of violation:
a.Of the right to contest the imposition of the civil penalty in an administrative adjudication;
b.Of the manner and time in which to contest the imposition of the civil penalty;
c.Failure to pay the civil penalty or to contest liability is a waiver of the right to appeal under section 90-408;
(8)A statement that a recorded image is evidence in a proceeding for the imposition of a civil penalty;
(9)A statement indicating failure to pay the civil penalty within the time allowed shall result in the imposition of an additional late penalty of $50.00 for each violation; and
(10)Any other information deemed necessary by the department.
(e)A notice of violation under this division is presumed to have been received on the tenth calendar day inclusive of weekends and legal holidays after the date the notice of violation is mailed.
(f)Once an intersection has been equipped with a system, the Gretna City Council shall adopt by resolution a date for the police department to begin issuing civil citations. Prior to this established date, the police department may issue warning notices of the alleged violations as part of an education/ public notification effort.
Sec. 90-408. Administrative adjudication hearing.
(a)A person who receives a notice of violation may contest the imposition of the civil penalty by a request in writing for an administrative adjudication of the civil penalty within 30 calendar days inclusive of weekends and legal holidays after receipt of the notice of violation and posting a cash bond for the total amount due plus $30.00, including late penalty. Upon receipt of a timely request and cash bond, the police department shall notify the person of the date and time of the administrative adjudication hearing.
Sec. 90-507. Enforcement; procedures.
(a)The department is responsible for the enforcement and administration of sections 90-505 through 90-511, inclusive. The department may enforce and administer sections 90-505 through 90-511, or any parts thereof, through one or more contractors selected in accordance with applicable law. The actions which can be used to enforce the payment of the civil penalty and related fees may consist of but not be limited to: immobilization of vehicles (booting), reporting the debt to collection agencies/credit reporting agencies, and/or initiating actions through the small claims court.
(b)In order to impose a civil penalty under this division, the department shall mail a notice of violation to the owner of the vehicle liable for the civil penalty not later than the 14th calendar day inclusive of weekends and legal holidays after the date the violation is alleged to have occurred.
(c)A notice of violation issued under this division shall contain the following:
(1)A description of the violation alleged;
(2)The date, time, and location of the violation;
(3)A copy of a recorded image of the vehicle involved in the violation;
(4)The amount of the civil penalty to be imposed for the violation;
(5)The date by which the civil penalty must be paid;
(6)A statement the person named in the notice of violation may pay the civil penalty in lieu of appearing at an administrative adjudication hearing;
(7)Information informing the person named in the notice of violation:
a.Of the right to contest the imposition of the civil penalty in an administrative adjudication;
b.Of the manner and time in which to contest the imposition of the civil penalty; and
c.Failure to pay the civil penalty or to contest liability is a waiver of the right to appeal under section 90-508.
(8)A statement that a recorded image is evidence in a proceeding for the imposition of a civil penalty;
(9)A statement indicating failure to pay the civil penalty within the time allowed shall result in the imposition of an additional late penalty of $75.00 for each violation; and
(10)Any other information deemed necessary by the department.
(d)A notice of violation under this division is presumed to have been received on the tenth calendar day inclusive of weekends and legal holidays after the date the notice of violation is mailed.
(e)Once a system has been installed and/or becomes operational, the Gretna City Council shall adopt by resolution a date for the department to begin issuing civil citations. Prior to this established date, the department may issue warning notices of the alleged violations as part of an education/public notification effort.
Sec. 90-508. Administrative adjudication hearing.
(a)A person who receives a notice of violation may contest the imposition of the civil penalty by a request in writing for an administrative adjudication of the civil penalty within 30 calendar days inclusive of weekends and legal holidays after receipt of the notice of violation and posting a cash bond for the total amount due plus $30.00, including late penalty. Upon receipt of a timely request and cash bond, the department shall notify the person of the date and time of the administrative adjudication hearing.
Provided that a majority of the City Council of the City of Gretna have voted in favor of this ordinance, this ordinance shall have the full force and effect of law at midnight on the tenth day following the Clerk's presentment of same to the Mayor, in accordance with Louisiana Revised Statutes 33:406(c)(2) unless the Mayor returns same, unsigned, to the Clerk during that ten-day period.
This ordinance having been submitted to a vote, the vote thereon was as follows:
Yeas:
Nays:
Absent:
ADOPTED: APPROVED:
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CITY CLERK MAYOR
CITY OF GRETNA CITY OF GRETNA
STATE OF LOUISIANA STATE OF LOUISIANA
Ordinance presented to the Ordinance returned from the
Mayor on Mayor on
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CITY CLERK CITY CLERK
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