§ 14-307j — Municipal use of photo noise violation monitoring devices. Ordinance. Agreements re installation, operation or maintenance. Requirements. Citations. Defenses.

Connecticut § 14-307j

• Jurisdiction: Connecticut
• Title 14: Motor Vehicles. Use of the Highway By Vehicles. Gasoline
• Ch. 249: Traffic Control and Highway Safety

Text

(a) Any municipality may, by ordinance, authorize the use of photo noise violation monitoring devices at locations in such municipality. Any such ordinance shall specify the following: (1) That a photo noise violation monitoring device shall be operated by a photo noise violation monitoring device operator; (2) that the owner of a motor vehicle commits a violation of the ordinance if the person operating such motor vehicle on a highway or other location causes such motor vehicle to emit a sound of eighty decibels or more and such sound is not caused by a horn described in subsection (e) of section 14-80; (3) the owner of a motor vehicle identified by a photo noise violation monitoring device as violating the ordinance shall (A) for a first violation, receive a written warning, (B) for a second violation, be fined one hundred dollars, and (C) for a third or subsequent violation, be fined two hundred fifty dollars; (4) payment of a fine and any associated processing fee, not to exceed fifteen dollars, may be made by electronic means; (5) a sworn member of a law enforcement unit or a municipal employee shall review and approve the recorded images before a citation is mailed to the owner of such motor vehicle; and (6) the defenses available to the owner of a motor vehicle allegedly committing a violation of such ordinance, which shall include, but need not be limited to, the defenses listed in subsection (g) of this section. Any municipality that adopts an ordinance under this section shall also adopt a citation hearing procedure pursuant to section 7-152c. Any funds received by a municipality from fines imposed pursuant to such ordinance may be used to pay the costs associated with the use of photo noise violation monitoring devices in the municipality. (b) The municipality may enter into agreements with vendors for the installation, operation or maintenance, or any combination thereof, of a photo noise violation monitoring device. If a vendor installs, operates or maintains a photo noise violation monitoring device, the vendor's fee shall not be contingent on the number of citations issued or fines paid pursuant to an ordinance adopted under this section. (c) (1) The municipality shall make efforts to randomize the locations of any photo noise violation monitoring devices throughout such municipality. (2) A photo noise violation monitoring device shall, to the extent possible, be installed in a manner to only record images of the number plate of a motor vehicle, and shall not, to the extent possible, record images of the occupants of such motor vehicle or of any other persons or vehicles in the vicinity at the time the images are recorded. (d) A photo noise violation monitoring device operator shall complete training offered by the manufacturer of such device or the manufacturer's representative regarding procedures for operating such device. The manufacturer or manufacturer's representative shall issue a signed certificate to the photo noise violation monitoring device operator upon such operator's completion of the training. Such signed certificate shall be admitted as evidence in any hearing conducted pursuant to section 7-152c . (e) The municipality shall ensure each photo noise violation monitoring device used by such municipality undergoes an annual calibration check performed at a calibration laboratory. The calibration laboratory shall issue a signed certificate of calibration after the annual calibration check. Such signed certificate of calibration shall be kept on file and admitted as evidence in any hearing conducted pursuant to section 7-152c . (f) (1) Whenever a photo noise violation monitoring device detects and produces recorded images of a motor vehicle allegedly committing a violation of an ordinance adopted under this section, a sworn member of a law enforcement unit or a municipal employee shall review the recorded images provided by such device. If, after such review, such member or employee determines that there are reasonable grounds to believe that a violation of the ordinance has occurred, such member or employee may issue a citation to the owner of the motor vehicle. The citation shall include the following: (A) The name and address of the owner of the motor vehicle; (B) the number plate of the motor vehicle; (C) the violation charged; (D) the location of the photo noise violation monitoring device and the date and time of the violation; (E) a copy of or information on how to view, through electronic means, the recorded images of the violation; (F) a statement or electronically generated affirmation by the member or employee who reviewed the recorded images and determined that the motor vehicle violated the ordinance; (G) verification that the photo noise violation monitoring device was operating correctly at the time of the alleged violation and the date of the most recent calibration check performed pursuant to subsection (e) of this section; (H) the amount of the fine imposed and how to pay such fine; and (I) the right to contest the violation and request a hearing pursuant to section 7-152c . (2) (A) In the case of an alleged violation involving a motor vehicle registered in the state, the citation shall be mailed to the address of the owner that is in the records of the Department of Motor Vehicles not later than thirty days after the identity of the owner is ascertained, provided a citation shall be invalid unless mailed to the owner not later than sixty days after the date of the alleged violation. (B) In the case of an alleged violation involving a motor vehicle registered in another jurisdiction, the citation shall be mailed to the address of the owner that is in the records of the official in the other jurisdiction issuing such registration not later than thirty days after the identity of the owner is ascertained, provided a citation shall be invalid unless mailed to the owner not later than sixty days after the date of the alleged violation. (3) The citation shall be sent by first class mail. A manual or automated record of mailing prepared by the municipality shall be prima facie evidence of mailing and shall be admissible in any hearing conducted pursuant to section 7-152c , as to the facts contained in the citation. (g) The following defenses shall be available to the owner of a motor vehicle who is alleged to have committed a violation of such ordinance adopted under this section: (1) The operator was driving an emergency vehicle, as defined in section 14-283 , and making use of an audible warning signal device, including, but not limited to, a siren, whistle or bell which meets the requirements of subsection (f) of section 14-80 ; (2) the violation took place during a period of time in which the motor vehicle had been reported as being stolen to a law enforcement unit and had not been recovered prior to the time of the violation; (3) the photo noise violation monitoring device was not in compliance with the calibration check required pursuant to subsection (e) of this section; (4) the violation took place because the muffler in the motor vehicle was not in good working condition and the owner of the motor vehicle presents proof at a hearing conducted pursuant to section 7-152c that such muffler was replaced or repaired not later than fourteen days from the date of the violation; or (5) the owner of the motor vehicle presents proof at a hearing conducted pursuant to section 7-152c that the owner submitted the motor vehicle for inspection at a facility designated by the Department of Motor Vehicles and such vehicle was found to not emit a sound of eighty decibels or more when in operation.

Legislative History

(P.A. 24-151, S. 133.) History: P.A. 24-151 effective July 1, 2024.