CHAPTER 12-3000. USE OF AN AUTOMATED RED LIGHT ENFORCEMENT SYSTEM TO PREVENT RED LIGHT VIOLATIONS
§12-3010. Hearings.
(1) The Director of Finance 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.
(2) 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
Traffic Court.
(3) The System Administrator shall not be required to
submit any evidence other than the following, which shall be admissible in such
hearing:
(a) the notice of violation, including the recorded image
evidencing a violation of section 3112(a)(3) of the Motor Vehicle Code and this
Chapter;
(b) information from a state department of transportation or
motor vehicles identifying the owner of the vehicle; and
(c) 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.
(4) 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.
(5) The System Administrator 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
of a desire to appeal the decision within 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.