Title
Ordinance amending the Pittsburgh City Code Title Six: Conduct, Article I: Regulated Rights and Actions, Chapter 625: Red Light Enforcement Systems.
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WHEREAS, the City’s Department of Mobility and Infrastructure is collaborating with the Public Parking Authority of Pittsburgh to enforce automatic red-light enforcement; and
WHEREAS, elements of the section of City Code allowing this enforcement must be updated in order to streamline this enforcement; NOW THEREFORE,
The Council of the City of Pittsburgh hereby enacts as follows:
Section 1. The Pittsburgh Code of Ordinances, Title Six: Conduct, Article I: Regulated Rights and Actions, Chapter 625: Red Light Enforcement Systems, Section 625.07: Notification of Violation, is hereby amended as follows:
(a) The System Administrator or its designee shall prepare and mail a notice of violation addressed 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 3112(a)(3) of the Motor Vehicle Code and this Chapter.
(b) <https://ecode360.com/45472036?highlight=enforcement&highlight=light&highlight=red&searchId=6194243245083930> The notice of violation must include:
(1) <https://ecode360.com/45472036?highlight=enforcement&highlight=light&highlight=red&searchId=6194243245083930> The name of the registered owner of the vehicle;
(2) <https://ecode360.com/45472036?highlight=enforcement&highlight=light&highlight=red&searchId=6194243245083930> A copy of the recorded image showing the vehicle;
(3) <https://ecode360.com/45472036?highlight=enforcement&highlight=light&highlight=red&searchId=6194243245083930> The registration number and state of issuance of the vehicle registration;
(4) <https://ecode360.com/45472036?highlight=enforcement&highlight=light&highlight=red&searchId=6194243245083930> The date, time and place of the alleged violation;
(5) <https://ecode360.com/45472036?highlight=enforcement&highlight=light&highlight=red&searchId=6194243245083930> A statement that the violation charged is under Section 3112(a)(3) of Title 75 <https://municipal.codes/PA/CS/75> of the Pennsylvania Consolidated Statutes (The Motor Vehicle Code) and this Chapter;
(6) <https://ecode360.com/45472036?highlight=enforcement&highlight=light&highlight=red&searchId=6194243245083930> The penalty for the violation;
(7) <https://ecode360.com/45472036?highlight=enforcement&highlight=light&highlight=red&searchId=6194243245083930> A copy of the recorded image showing the vehicle;
(8) <https://ecode360.com/45472036?highlight=enforcement&highlight=light&highlight=red&searchId=6194243245083930> The date on which the notice was mailed;
(9) <https://ecode360.com/45472036?highlight=enforcement&highlight=light&highlight=red&searchId=6194243245083930> Instructions for return of the notice of violation; and
(10) <https://ecode360.com/45472036?highlight=enforcement&highlight=light&highlight=red&searchId=6194243245083930> The following text: "This notice shall be returned personally, by mail or by an agent duly authorized in writing, within 30 days of issuance. A hearing may be obtained upon the written request of the registered owner by scheduling via phone or internet. Failure to return this notice or to request a hearing within 30 days of mailing of this notice shall be considered an admission of liability."
(c) <https://ecode360.com/45472036?highlight=enforcement&highlight=light&highlight=red&searchId=6194243245083930> The notice of violation must be approved by a City 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 information contained in the notice of violation is true and correct.
(d) <https://ecode360.com/45472036?highlight=enforcement&highlight=light&highlight=red&searchId=6194243245083930> Notice of violation must be sent by first-class mail. A manual or automatic record of mailing prepared by the System Administrator or its designee 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 in it.
(e) <https://ecode360.com/45472036?highlight=enforcement&highlight=light&highlight=red&searchId=6194243245083930> 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 thirty (30) days after the commission of the violation or within thirty (30) days after the discovery of the identity of the registered owner, whichever is later, to the address of the registered owner as listed in the records of the Pennsylvania Department of Transportation. In the case of motor vehicles registered in jurisdictions other than this Commonwealth, the notice of violation must be mailed within thirty (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 ninety (90) days of the commission of the offense.
(f) <https://ecode360.com/45472036?highlight=enforcement&highlight=light&highlight=red&searchId=6194243245083930> The total sum of costs and additional fees payable by a person who fails to answer a notice of violation issued pursuant to this Chapter shall be:
(1) <https://ecode360.com/45472036?highlight=enforcement&highlight=light&highlight=red&searchId=6194243245083930> Twenty dollars ($20.00) for each notice which remains unappealed or unpaid for more than thirty (30) days from issuance; and
(2) <https://ecode360.com/45472036?highlight=enforcement&highlight=light&highlight=red&searchId=6194243245083930> Twenty-five dollars ($25.00) for each notice which remains unappealed or unpaid for more than sixty (60) days from issuance; and
(3) <https://ecode360.com/45472036?highlight=enforcement&highlight=light&highlight=red&searchId=6194243245083930> Thirty dollars ($30.00) for each notice which remains unappealed or unpaid for more than ninety (90) days from issuance.
Section 2. The Pittsburgh Code of Ordinances, Title Six: Conduct, Article I: Regulated Rights and Actions, Chapter 625: Red Light Enforcement Systems, Section 625.08: Admission of Responsibility and Payment of Fine, is hereby amended as follows:
An owner to whom a notice of violation has been issued may admit responsibility for the violation and pay the fine set forth in the notice. Payment must be made personally, may be made through an authorized agent, or by mailing both payment and the notice of violation to the System Administrator or its designee, or via internet. Payment by mail must be made only by money order, credit card or check made payable to the System Administrator or its designee. Payment of the established fine, along with any other assessed fees allowed by law, shall operate as a final disposition of the case.
Section 3. The Pittsburgh Code of Ordinances, Title Six: Conduct, Article I: Regulated Rights and Actions, Chapter 625: Red Light Enforcement Systems, Section 625.10: Request for a Hearing, is hereby amended as follows:
(a) An owner to whom a notice of violation has been issued may, within thirty (30) days of the mailing of the notice, request a hearing to contest the liability alleged in the notice. A hearing request must may be made by appearing before the System Administrator or its designee during regular office hours, either personally or by an authorized agent, or by mailing a request in writing in person, online, or via phone.
(b) Upon receipt of a hearing request, the System Administrator or its designee shall in a timely manner schedule the matter before a Hearing Officer. Written notice of the date, time and place of hearing must be sent by first-class mail to the owner. Notice of the date, time, and place of hearing can be given either verbally or in writing.
Section 4. The Pittsburgh Code of Ordinances, Title Six: Conduct, Article I: Regulated Rights and Actions, Chapter 625: Red Light Enforcement Systems, Section 625.11: Hearings, is hereby amended as follows:
(a) The System Administrator or its designee shall appoint such Hearing Officers as shall be necessary to carry out the provisions of this Chapter and shall have the power to provide by regulation additional rules for the hearing and determination of cases involving alleged violations of provisions of this Chapter.
(b) <https://ecode360.com/45472036?highlight=enforcement&highlight=light&highlight=red&searchId=6194243245083930> Hearings pursuant to this Chapter shall be informal; the rules of evidence shall not apply; and the decision of the Hearing Officer shall be final, subject to the right of the owner to appeal the decision to the magisterial district judge.
(c) <https://ecode360.com/45472036?highlight=enforcement&highlight=light&highlight=red&searchId=6194243245083930> The System Administrator or its designee shall not be required to submit any evidence other than the following, which shall be admissible in such hearing:
(1) <https://ecode360.com/45472036?highlight=enforcement&highlight=light&highlight=red&searchId=6194243245083930> The notice of violation, including the recorded image evidencing a violation of Section 3112(a)(3) of the Motor Vehicle Code and this Chapter;
(2) <https://ecode360.com/45472036?highlight=enforcement&highlight=light&highlight=red&searchId=6194243245083930> Information from a state department of transportation or motor vehicles identifying the owner of the vehicle; and
(3) <https://ecode360.com/45472036?highlight=enforcement&highlight=light&highlight=red&searchId=6194243245083930> A certificate, or a facsimile of a certificate, sworn to or affirmed by a City Police Officer based upon inspection of recorded images produced by an automated red light enforcement system, which shall be prima facie evidence of the facts contained in it; provided, however, that written documentation is provided that the automated red light enforcement system was operating correctly at the time of the alleged violation.
(d) <https://ecode360.com/45472036?highlight=enforcement&highlight=light&highlight=red&searchId=6194243245083930> The police officer who signs the notice of violation shall not be required to appear at the hearing unless the respondent has denied liability and the Hearing Officer determines that the police officer's presence is required. The Hearing Officer may grant a reasonable continuance if the officer is not available at the time of hearing.
(e) <https://ecode360.com/45472036?highlight=enforcement&highlight=light&highlight=red&searchId=6194243245083930> The System Administrator or its designee shall provide the owner with notice of the decision of the Hearing Officer, together with any reasons provided by the Hearing Officer, and advise the owner of his or her right to appeal the decision of the Hearing Officer. If the owner does not notify the System Administrator or its designee of a desire to appeal the decision within thirty (30) days of mailing of the notice of the decision of the Hearing Officer, the decision shall be final and liability shall be established pursuant to such decision.
Section 4. The Pittsburgh Code of Ordinances, Title Six: Conduct, Article I: Regulated Rights and Actions, Chapter 625: Red Light Enforcement Systems, Section 625.12: Appeals, is hereby amended as follows:
If the owner requests in writing that the decision of the Hearing Officer be appealed, the System Administrator or its designee shall file the notice of violation and supporting documents with the magisterial district judge Pittsburgh Parking Court, which shall hear and decide the matter de novo. The decision of the Hearing officer may be appealed first to the Parking Court, then to the Court of Common Pleas.