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Issue 7 Limits of Photo Monitoring for Traffic Violations City of Cincinnati Charter Amendment - Majority Approval Required Pass: 62,230 / 51.22% Yes votes ...... 59,267 / 48.78% No votes
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Shall the Charter of the City of Cincinnati be amended to limit the use of photo-monitoring devices to detect certain traffic law violations by adopting new Article XIV?
Background: In a December 2007 motion, City Council directed the administration to design and implement a red light traffic enforcement program to enhance public safety by increasing compliance with traffic control devices and reducing the number of vehicular accidents in the City. The program was predicted to result in a minimum of $1 million dollars in additional revenue. The City administration issued a Request for Proposals, selected a vendor, and recommended approval of an ordinance authorizing the City Manager to enter into contract negotiations to implement a photo red light enforcement program. At the August 2008 Council meeting, the motion to approve the ordinance failed, removing the issue from further Council discussion. In June 2008, a petition to amend the Charter to limit the use of red light cameras was initiated and gathered the required number of signatures to place the issue on the November 2008 ballot. Petition proponents want citizens to make the final decision on a red light camera program by submitting this proposed City Charter Amendment to voters. For more than a decade, local governments across the country have installed automated photographic equipment at a limited number of intersections with high accident rates to increase compliance with traffic control devices and reduce the number of vehicular traffic accidents. A red light camera program includes a photograph of a vehicle and license plate entering the intersection after the light has turned red, review and processing, mailing a citation, and collecting fine payments. Increased traffic enforcement by the automated system was anticipated to add revenue, while reducing accidents and increasing compliance with traffic control devices. Studies of red light safety programs are mixed regarding reducing traffic accidents. There is some evidence of reduced right angle collisions and fewer injuries; however, while usually less serious, there were more rear-end crashes. A Federal Highway Administration study concluded the red light cameras provided a modest benefit. The National Motorist Association has recommended traffic engineering measures, e.g., proper signal timing, better signal design and improved intersection design as ways to prevent violations and reduce accidents. With red light programs, drivers tended to change behavior and approach intersections with cameras more cautiously. Fewer motorists ran red lights at these intersections which reduced the number of fines. Right angle collisions, so called "t-bone crashes," are more dangerous and cause more serious injuries than rear end crashes. However, in trying to avoid a ticket, motorists tended to slam on the brakes resulting in more rear end collisions. Legal questions have been raised regarding red light camera programs. Such programs privatize enforcement of traffic violations which are criminal laws. The registered owner of the vehicle is held liable for a violation regardless of who was driving the car. A California Superior Court judge dismissed tickets issued under a camera program because the evidence was not gathered by an official police agency, and was inadmissible in court. City Council is elected to make decisions on behalf of the community. Therefore, some argue a red light safety program should be discussed and debated by Council. This process of decision making provides opportunities for citizens to lobby Council and testify about proposed ordinances.
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