PHOTOGRAPHIC SPEED-MEASURING SYSTEMS

Charlotte City Code ch. 14, art. IV, div. 4

in effect

Charlotte City Code § 14-201 Definitions.

Sec. 14-201. - Definitions. In addition to the definitions set forth in section 14-1, the following words, terms, and phrases, when used in this division, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Photographic speed-measuring system means a speed-measuring system that works in conjunction with a photographic, video, or electronic camera to automatically measure the speed and produce photographs, video or digital images of vehicles violating a speed limit or speed restriction. Vehicle owner means the person identified by the state division of motor vehicles, or the comparable agency of another state, as the registered owner of a vehicle. (Ord. No. 2581, § 1, 4-12-2004)

Charlotte City Code § 14-202 Administration.

Sec. 14-202. - Administration. (a) The Charlotte-Mecklenburg Police Department shall administer the photographic speed-measuring program in accordance with G.S. 160A-300.4, Use of photographic speed-measuring systems. (b) A photographic speed-measuring system shall be approved, calibrated, and tested for accuracy in accordance with G.S. 8-50.3. (c) Any photographic speed-measuring system shall be identified by appropriate advance warning signs conspicuously posted not more than 1,000 feet from the location of a photographic speed-measuring system. All advance warning signs shall be consistent with a statewide standard adopted by the department of transportation. (Ord. No. 2581, § 1, 4-12-2004)

Charlotte City Code § 14-203 Offense.

Sec. 14-203. - Offense. (a) It shall be unlawful for a person to drive a vehicle on a public street in the city in excess of the posted speed limit, as set forth in G.S. 20-141. (b) It shall be a unlawful for a person to drive a vehicle on a public street in the city in excess of the posted speed limit within a school zone, as set forth in G.S. 20-141.1. (c) The owner of a vehicle shall be responsible for a violation unless the owner can furnish evidence that the vehicle was, at the time of the violation, in the care, custody, or control of another person. The owner of the vehicle shall not be responsible for the violation if the owner of the vehicle, within 30 days of notification of the violation, furnishes the officials or agents of the city either of the following: (1) An affidavit stating the name and address of the person or company who leased, rented, or otherwise had the care, custody, and control of the vehicle; or (2) An affidavit stating that the vehicle involved was, at the time of the violation, stolen or in the care, custody, or control of some person who did not have permission of the owner to use the vehicle. The affidavit must be supported by evidence such as insurance or police report information. (d) Subsection (c) of this section shall not apply, and the registered owner of the vehicle shall not be responsible for the violation, if notification of the violation is given to the registered owner of the vehicle more than 90 days after the date of the violation. (e) For the purpose of this division, "notification of the violation" shall be deemed to have been given on the date that the citation is issued. (Ord. No. 2581, § 1, 4-12-2004)

Charlotte City Code § 14-204 Penalty.

Sec. 14-204. - Penalty. A violation detected by a photographic speed-measuring system shall be deemed a noncriminal violation for which a civil penalty of $50.00 shall be assessed, and for which no points authorized by G.S. 20-16(c) shall be assigned to the owner or driver of the vehicle, nor insurance points as authorized by G.S. 58-36-65. If the owner of the vehicle fails, within 30 days of notification of the violation, to pay the civil penalty, appeal the citation, or respond in accordance with subsection 14-203(c), the owner shall have waived the right to contest responsibility for the violation, and shall be assessed an additional civil penalty of $50.00. The city may establish procedures for the collection of these penalties and may recover the penalties by civil action in the nature of a debt. (Ord. No. 2581, § 1, 4-12-2004)

Charlotte City Code § 14-205 Civil citation requirements and processing.

Sec. 14-205. - Civil citation requirements and processing. (a) The owner of the vehicle shall be issued a citation written in both English and Spanish, clearly stating the manner in which the violation may be challenged and containing both a street address within the city and a local or toll-free telephone number at which the owner may challenge the citation. (b) The citation shall be processed by officials or agents of the city and shall be forwarded by personal service or certified mail to the address given on the motor vehicle registration. (Ord. No. 2581, § 1, 4-12-2004)

Charlotte City Code § 14-206 Appeals.

Sec. 14-206. - Appeals. (a) The owner of the vehicle has the right to object to the citation or penalty issued by filing a notice of appeal at the address listed on the citation. The notice of appeal must be filed within 30 days and be accompanied with an appeal bond in the amount equal to the civil citation. Alternatively, notice of appeal may also be given by calling the toll-free number listed on the citation and by posting an appeal bond in an amount equal to the civil citation penalty prior to the date of hearing. (b) Appeals shall be heard through a nonjudicial administrative hearing process established by the city. The administrative hearing process shall include methods for challenging the violation or penalty either in person, at the street address provided on the citation, or through the telephone, at the number provided on the citation. A Spanish-speaking person shall be available to assist both at the street address and through the telephone number. (c) The administrative hearing decision is subject to review in the Superior Court of Mecklenburg County by proceedings in the nature of certiorari. Any petition for certiorari shall be filed within 30 days after the date that the hearing officer's written decision is issued. (Ord. No. 2581, § 1, 4-12-2004)

Charlotte City Code § 14-207 Results of photographic speed-measuring instruments; admissibility.

Sec. 14-207. - Results of photographic speed-measuring instruments; admissibility. (a) The results of the use of a photographic speed-measuring system shall be admissible as evidence in a nonjudicial administrative hearing held pursuant to section 14-206 for the purpose of establishing the speed of the vehicle detected. (b) Notwithstanding the provisions of subsection (a) of this section, the results of a photographic speed-measuring system are not admissible unless all of the following are established: (1) The photographic speed-measuring system employed was approved for use by the North Carolina Criminal Justice Education and Training Standards Commission and the Secretary of Crime Control and Public Safety pursuant to G.S. 17C-6. (2) The photographic speed-measuring system had been calibrated and tested for accuracy in accordance with the standards established by the North Carolina Criminal Justice Education and Training Standards Commission and the Secretary of Crime Control and Public Safety for that particular system. (3) At the time the results were obtained, the photographic speed-measuring system was being operated by a sworn law enforcement officer who has been certified by the North Carolina Criminal Justice Education and Training Standards Commission under G.S. 17-6(a). (c) All photographic speed-measuring systems shall be calibrated and tested in accordance with standards established by the North Carolina Criminal Justice Education and Training Standards Commission and the Secretary of Crime Control and Public Safety. A written certificate by a technician certified by the North Carolina Criminal Justice Education and Training Standards Commission showing that a test was made within the required testing period and that the system was accurate shall be competent and prima facie evidence of those facts in a non-judicial administrative hearing held pursuant to section 14-206. Where the results of a photographic speed-measuring system are sought to be admitted during a hearing, notice shall be taken of the rules approving the photographic speed-measuring system and the procedures for calibration or testing for accuracy of the system. (Ord. No. 2581, § 1, 4-12-2004)

Charlotte City Code § 14-208 Use of proceeds from citations.

Sec. 14-208. - Use of proceeds from citations. The clear proceeds from the citations issued pursuant to this ordinance shall be paid to the county school fund. Clear proceeds shall mean the funds remaining after paying for the lease, lease-purchase, or purchase of the photographic speed-measuring system; paying for operation of the system, either by the city or by a contractor; paying for a program to provide public awareness of the system; and paying any administrative costs incurred by the city related to the use of the system. (Ord. No. 2581, § 1, 4-12-2004)

Charlotte City Code § 14-209 Use of photographic speed measuring systems only in selected corridors.

Sec. 14-209. - Use of photographic speed measuring systems only in selected corridors. The photographic speed-measuring systems may only be used in the following corridors within the city: (1) South Boulevard between Interstate 485 and Scaleybark. (2) Independence between Briarcreek and Sardis Road North. (3) East W.T. Harris between The Plaza and Idlewild. (4) Tryon Street from 36th to Orr Road. (5) Tryon Street between Mallard Creek Church Road and University City Boulevard. (6) Eastway between Independence and Sugar Creek. (7) West W.T. Harris between North Tryon Street and Technology Drive. (8) Albemarle Road between Independence and Lawyers. (9) Central between Albemarle and Briar Creek. (10) Monroe Road between Sardis Road North and Wendover. (11) Providence between McKee and Providence Country Club. (12) Highway 51 between Park Road and Alexander Road. (13) Sharon Amity between Lyttleton Drive and East W.T. Harris. (14) Billy Graham Parkway between Interstate 85 and Woodlawn. (Ord. No. 2581, § 1, 4-12-2004)

Source: City of Charlotte, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nc/charlotte/codes/code_of_ordinances?nodeId=PTIICOOR_CH14MOVETR_ARTIVOPVE_DIV4PHSPASSYFetched: 10/27/2026