TOWN OF MORRISON, COLORADO BOARD OF TRUSTEES ORDINANCE NO. 540  AN ORDINANCE AMENDING TITLE 6 OFTHE MORRISON MUNICIPAL CODE BY THE ADDITION OF Al NEW CHAPTER 5TO ESTABLISH AN AUTOMATED WHEREAS, the Town of Morrison is a Colorado home rule municipality operating under a Home Rule Charter approved by the electorate pursuant to Article XX ofthe Colorado Constitution WHEREAS, the Board has authority pursuant to the Home Rule Charter and C.R.S. $31-16- WHEREAS, pursuant to C.R.S. $ 42-2-110.5(2), a municipality may adopt an ordinance WHEREAS, the Board approved Ordinance No. 540, which includes the use of an automated vehicle identification system (e.g.,photo radar) to detect violations oft traffic regulations. NOW, - THEREFORE, BE IT ORDAINED by the Board ofTrustees of the Town of Section 1. Automated Vehicle Identification System. Title 6 of the Morrison Municipal Code is hereby amended by the addition of a new Chapter 5 entitled "Automated  VEHICLE IDENTIFICATION SYSTEM  and governed by its elected Board ofTrustees; 101, etseq. to adopt and enforce all ordinances;  authorizing the use of an automated vehicle identification system; and  Morrison, Colorado:  Vehicle Identification System" to read as follows:  6-5-1: Definitions:  As used within this chapter the following words and terms shall have the A. Automated Vehicle Identification System inçludes a system to detect traffic violations imposed by traffic signals or traffic signs, and/or a system used to detect violations of a bus lane or bicycle lane restrictions. The term 1. A machine is used to automatically detect a violation of a traffic regulation and simultaneously record a photograph of the vehicle, the operator oft the vehicle, and the license plate of the vehicle; and Ar notice of violation or civil penalty assessment notice may be issued to the registered owner of the motor vehicle.  following meaning except where otherwise specified:  includes a system whereby:  2.  B. Notice of Violation shall mean a notice mailed via first class mail or personally served to a registered owner ofa vehicle involved in any traffic  1/22/2024  S:IBOARD OF TRUSTEESBOARD: MEETING PACKE7S202402-4102-06-20240RD. NO. 540- VEHICLE IDENTIFICATION: SYSTEM.DOCX    violation detected by an automated vehicle identification system advising that the violation has been detected, or a similar notice mailed to the operator of the vehicle identified by a registered owner ofsaid vehicle. C. Civil Penalty. Assessment Notice shall mean a notice mailed via first class mail or personally served to a registered owner ofa vehicle involved in any traffic violation that has previously received a notice of violation. D. Residential Neighborhood means any block on which a majority of the improvements along both sides of the street are residential dwellings and  the speed limit is 35 miles per hour or less. 6-5-2: Notices of Violation - In General:  A. If the Town detects any alleged violation of a county or municipal traffic regulation or traffic violation under state law through the use of an automated vehicle identification system, then the Town shall issue, or cause its vendor to issue, to the registered owner oft the motor vehicle involved in the alleged violation, by first-class mail or personal service, a Notice of B. The Town may only issue al Notice of Violation for violations that occur:  Violation. 1. 2. 3. 4. 5.  Within a school zone; Within al Residential Neighborhood; pursuant to C.R.S.$42-4-614; Along a street that borders a' Town park; or  Within a maintenance, construction, or repair zone designated  Along a street, or portions ofas street, which the Town designates as an automated vehicle identification system corridor as set forth in  Section 6-5-5.  C. The Notice of Violation must be served:  1. 2.  Within 30 days after the alleged violation if the motor vehicle involved ini the alleged violation is registered in the state; or Within 60 days after the alleged violation if the motor vehicle involved in the alleged violation is registered outside the state.  D. The Notice of Violation must contain:  1. The name and address of the registered owner of the motor vehicle  involved in the alleged violation;  2  1/22/2024  S:BOARDOFT TRUSTEESBOARD: MEETING  NO. 540- VEMICLE/DENTFICATONSISTEMDOCK    2. 3. 4. 5. 6.  The license plate number of the motor vehicle involved in the The date, time, and location oft the alleged violation;  alleged violation;  The amount oft the civil penalty prescribed for the alleged violation; The deadline for payment of the prescribed civil penalty and for Information on how the registered owner may either dispute the alleged violation at a hearing or pay the prescribed penalty.  disputing the alleged violation; and  E. To protest a Notice of Violation, the registered owner must request, in writing, a hearing to dispute the alleged violation. The deadline to request al hearing to dispute the Notice of Violation must be at least 45 days after the date of the Notice of Violation. At hearing, the Town may not require the registered ownert to disclose the identity oft the driver ofthe vehicle who is detected through the use of the automated vehicle identification system but may require the registered owner to submit evidence that the owner was  not the driver at the time oft the alleged violation.  Section 6-5-3: Speeding: A. Violations. 1.  Foraspeeding violation ofless than ten (10) miles per hour over the reasonable and prudent speed under a county or town traffic regulation or under state law through the use ofanautomated vehicle identification system, the violation shall be cited as follows:  a.  For the registered owner's first offense, a written warning b. For the registered owner's second or subsequent offense, a For a speeding violation of more than ten (10) miles per hour over the reasonable and prudent speed under a county or town traffic regulation or under statel law through the use ofa an automated vehicle identification system, the Town shall issue the registered owner a  with no penalty or surcharge; and Notice ofViolation.  2.  Notice of Violation.  B. Civil Penalty. The maximum civil penalty for a speeding violation under this Section, including any surcharge, is forty dollars ($40.00), unless the violation is within a school zone, in which case the maximum penalty shall be eighty dollars ($80.00). However, a violation that occurs within a  3  1/22/2024  S:IBOARD OF TRUSTEESBOARD: MEETING. PACKE7S202402--06-202410RD. NO. 540- VEHICLE DENTIFICATIONSYSTEMDOCX    maintenance, construction, or repair zone designated pursuant to C.R.S. $ 42-4-614m may be subject to a civil penalty of eighty dollars ($80.00). C. Signage. The Town shall place an appropriate temporary or permanent sign inc conspicuous place not fewer than 300 feet before the area in which the automated vehicle identification system is to be used to notify the public that an automated vehicle identification system is in use immediately ahead.  Section 6-5-4: Disobedience to a Traffic Control Signal:  A. If the Town detects a violation of a municipal traffic regulation or traffic violation under state law for disobedience to at traffic control signal through the use of an automated vehicle identification system, the maximum penalty, including any surcharge, is seventy-five dollars ($75.00). B. The Town shall not use an automated vehicle identification system designed to detect disobedience to at traffic control signal or other violation ofa local traffic ordinance unless the Town posts a sign notifying the public that an automated vehicle identification system is in use immediately ahead. Such  sign shall: 1.  Be placed in a conspicuous location not less than 200 feet and not more than 500 feet before the automated vehicle identification Use lettering that is at least four (4) inches high for upper case letters and two and nine-tenths (2 and 9/10) inches high for lower case  system; and letters.  2.  Section 6-5-5: Automated Vehicle Identification System Corridors: A. Pursuant to C.R.S. $42-4-110.50)80). the Town identifies the following corridors as automated vehicle identification system corridors:  1. 2.  The eastbound and westbound lanes of Bear Creek Avenue at Mt. The eastbound and westbound lanes ofHighway 74 at Mile Marker 3. The northbound and southbound lanes at Highway 8 at Summer B. Prior to using an automated vehicle identification system on an automated vehicle identification system corridor, the Town shall post aj permanent sign not fewer than 300 feet before the beginning of such corridor and a permanent sign not fewer than 300 feet before each camera within the corridor or at temporary sign fewer than 300 feet before any mobile camera.  Vernon Avenue.  18 (Red Rocks Entrance 3).  Street.  4  1/22/2024  S:IBOARD OF TRUSTEESIBOARD: MEETING. PACKE7S12024102-06-202410RD. NO. 540- VEHICLE DENTIFICATIONSYSTEM.DOCK    C. The Town shall illustrate, through data collected within the past five (5) years, incidents of crashes, speeding, reckless driving, or community complaints on the streets designated as an automated vehicle identification D. The Town will coordinate with the Department of Transportation and E. The Town will publish a report on its website disclosing the number of citations and revenue generated by the automated vehicle identification F. The Town shall not locate an automated vehicle identification system corridor on any highway that is part of the federal interstate highway  system corridor.  Colorado State Patrol in designated corridors.  system corridor.  system.  Section 6-5-6: Civil Penalty Assessment Notices:  A. If the Town has not received the prescribed civil penalty or written notice requesting a hearing to dispute the alleged violation by the deadline provided in the Notice of Hearing, then the Town shall issue, or cause its vendor to issue, a Civil Penalty Assessment Notice to be served on the registered owner either by first-class mail or personal service.  B. The Civil Penalty Assessment Notice shall contain:  1. The name and address oft the registered owner oft the motor vehicle  involved in the alleged violation;  2. 3. 4. 5. 6.  The license plate of the motor vehicle involved in the alleged The date, time, and location of the alleged violation;  violation;  The amount oft the civil penalty prescribed for the alleged violation; The deadline for payment of the prescribed civil penalty; and Information on how to pay the prescribed civil penalty.  C. If the registered owner fails to pay the full prescribed civil penalty by the deadline stated in the Civil Penalty Assessment Notice, a final order of liability shall be entered against the registered owner of the vehicle. The final order must be personally served to the registered owner. Final orders of liability may be appealed as to matters of law and fact to the Jefferson  County Court.  5  1/22/2024  S:IBOARD OFTRUSTEESBOARD: MEETINGI PACKE7S1202402-06-202410RD. NO. 540- VEHICLE IDENTIFICATION: SYSTEM.DOCX    D. The Town may initiate or pursue a collection action against the registered owner ofai motor vehicle for debt resulting from the final order ofliability. E. The Town shall not report to the Department of Transportation any conviction or entry of judgment against a defendant for a violation of a municipal traffic regulation or traffic violation under state law if the violation was detected through the use of an automated vehicle F. Ifthe registered owner fails to pay the full prescribed civil penalty, the Town shall not attempt to enforce the penalty by immobilizing the  identification system.  registered vehicle owner's vehicle.  Section 6-5-7: Vendors:  A. No portion of any fine collected through the use of an automated vehicle identification system may be paid to the manufacturer or vendor of the automatic vehicle identification system equipment. The compensation to such vendor by the' Town shall be based on the value ofsuch equipment and the value of any services provided and may not be based on the number of traffic citations issued or the revenue generated by such equipment or  services.  Section 6-5-8: Data Retention. A. The Town shall: 1.  Program the automated vehicle identification system to retain data only when a violation ofa a county or municipal traffic regulation or Treat all photographs and video collected by the automated vehicle identification system as confidential and exempt from disclosure and inspection pursuant to the "Colorado Open Records Act" part 2 Not use, disclose, sell, or permit access to photographs, video, or personal identifiable data collected by the automated vehicle identification system except to the extent necessary to operate the program, including for purposes of processing violations, for other law enforcement purposes, for transferring data to a new vendor or operating system, or, pursuant to a court order, for use in unrelated Destroy any photographs and video of a violation collected by the automated vehicle identification system within three (3) years after the final disposition oft the violation unless the photographs or video  traffic violation under state law occurs;  2.  of Article 72, Title 24, C.R.S.;  3.  legal proceedings; and  4.  6  1/22/2024  S:BOARD OF7 TRUSTEESBOARD: MEETINGI PACKE7S2024102-06-202410RD. NO.. 540- VEHICLE /DENTIFICATIONSYSTEMDOCK    are maintained in a separate system for other purposes allowed by  law.  Section 2. Severability. Ifany article, section, paragraph, sentence, clause or phrase of this ordinance, or the standards adopted herein is held to be unconstitutional or invalid for any reason, such decision will not affect the validity or constitutionality ofthe remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereofirrespective ofthe fact that any one part or parts are declared unconstitutional  or invalid.  Section 3. Effective Date. This ordinance shall take effect 15 days after adoption and INTRODUCED, READ, PASSED AND ADOPTED thisl" day ofFzbnany2024,  publication in accordance with Section 3.9 and 3.14 oft the Home Rule Charter.  by a vote of e ayesand. B nays.  OF Mo: SEAL ASPHORADO 1111111  "f - Chris Wolfe, Mayor  ATTEST:  RasaNN Ariana Neverdahl, Town Clerk  7  1/22/2024  S:IBOARD OFT TRUSTEESBOARD: MEETINGI PACKE7SI202402-06-20240RD. NO. 540- VEHICLE, IDENTIFICATIONSYSTEM.DOCK