Sec. 134-455. Judicial notice of automated vehicle identification systems and admissibility of the results from the use of such systems.
(a) The scientific principles and techniques underlying automated vehicle identification systems are generally accepted in the scientific community and produce valid, trustworthy, and reliable results when operated in accordance with the foundation in evidence required under subsection (b) below.
(b) In any prosecution for traffic violation(s), the results of any automated vehicle identification system shall be admitted into evidence to show the speed of the motor vehicle, the location of the vehicle with respect to an intersection, street, stop line, crosswalk, or traffic signal at any particular instant, the color or condition of any traffic signal at any particular instant, the identity of the operator of the motor vehicle, and the identity of the motor vehicle, if the following foundation is established in evidence:
(1) The person setting up, maintaining, or operating the automated vehicle identification system was qualified to do so through training or experience.
(2) The automated vehicle identification system was operated in substantial compliance with the manufacturer's instructions or procedures for operation of the system; and
(3) In any case involving the speed of a motor vehicle, accuracy of the automated vehicle identification system with respect to speed measurements was checked or calibrated through one or more of the following means:
a. The use of two external tuning forks with or without an annual calibration of those tuning forks; or
b. The use of one external tuning fork which was calibrated within one year before or after the photo-radar speed measurement at issue in the particular case; or
c. Calibration or certification of the accuracy of the device by the manufacturer within one year before or after the photo-radar or light detection and ranging device (LiDAR) speed measurement at issue in the particular case.
(c) The provisions of this section shall not be construed to limit the introduction, reception, or consideration of other evidence or techniques for the measurement of the speed of a motor vehicle, the location of a motor vehicle with respect to an intersection, street, stop line, crosswalk, or traffic signal, the color or condition of the traffic signal at any particular instant, identification of the motor vehicle, identification of the occupants of a motor vehicle, or other relevant facts in any traffic case. (Ord. No. 2023-09, § 7, 4-10-2023; Ord. No. 2005-05, § 1, 2-28-2005)