ORDINANCE NO. __________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAMAR COLORADO, ADDING NEW SECTIONS 26-13 TO CHAPTER 26 OF THE LAMAR MUNICIPAL CODE TO ESTABLISH REGULATIONS FOR AUTOMATED VEHICLE IDENTIFICATION SYSTEM IN THE CITY OF LAMAR, COLORADO
WHEREAS, the City of Lamar, Colorado (“City”) is a Home Rule Municipal Charter of the State of Colorado, duly organized and operating under the constitution and laws of the State of Colorado; and
WHEREAS, the City of Lamar seeks to enhance public safety and reduce traffic-related injuries; and
WHEREAS, Pursuant to C.R.S. 42-4-110.5, the City is authorized to utilize Automated Vehicle Identification Systems to detect violations of for traffic regulations adopted by the City, subject to certain conditions and limitations; and
WHEREAS, the City of Lamar has completed traffic studies, and maintains traffic data concerning incidents of crashes, speeding, reckless driving and community complaints in the City; and
WHEREAS, the speed of vehicles traveling in excess of the speed limits in Lamar, Colorado presents an immediate danger for the citizens of Lamar and that reducing such speeds in excess of the speed limit will immediately preserve the welfare and life of children and citizens of the City; and
WHEREAS, the City Council desires to establish clear rules for the use of photo enforcement to ensure fairness, transparency, and compliance with state law; and
WHEREAS, the City Council finds and declares that the addition of Section 26-13 to the Lamar Municipal Code regarding the use of Automated Vehicle Identification Systems as set forth herein is proper and necessary to advance the public health, safety and welfare of the City’s residence.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Lamar, Colorado, as follows:
Section 1: A new Section 26-13 of Chapter 26 of the Lamar Municipal Code is hereby added to read as follows:
Section 26-13. – Automated Vehicle Identification System.
- Purpose: To regulate the use of Automated Vehicle Identification Systems (AVIS) for traffic enforcement, and promoting public safety while protecting individual rights.
- For purposes of these sections, the following definition shall apply, except where otherwise specified:
- Automated Vehicle Identification System shall have the same meaning as provided in C.R.S. § 42-4-110.5.
- Civil Penalty Assessment Notice shall mean a notice mailed via first-class mail or personally served to a registered owner of a vehicle involved in any speed violation or traffic control signal violation that has previously received a Notice of Violation.
- Notice of Violation shall mean a notice mailed via first-class mail or personally served to a registered owner of a vehicle involved in any speed violation or traffic control signal violation detected by an Automated Vehicle Identification System advising that the violation has been detected, or a similar notice mailed to the operator of the vehicle identified by a registered owner of said vehicle.
- Residential Neighborhood shall have the same meaning as provided in C.R.S. § 42-4-110.5.
- Notices Of Violation in General
- If the City detects any alleged violation of a county or municipal traffic regulation or traffic violation under state law using an Automated Vehicle Identification System, then the City shall issue, or cause its vendor to issue, to the registered owner of the motor vehicle involved in the alleged violation, by first-class mail or personal service, a Notice of Violation.
- The City may only issue a Notice of Violation for violations that occur:
- Within a school zone, as defined in C.R.S. § 42-4-615;
- Within a Residential Neighborhood;
- Within a maintenance, construction, or repair zone designated pursuant to C.R.S. § 42-4-614;
- Along a street that borders a City park;
- Along a street or highways inside the City limits with a speed limit of 35 miles per hour or less;
- Along a street or any portion of a street, which the City designates as an Automated Vehicle Identification System Corridor; or
- Within AVI corridors. AVI Corridors must be approved by CDOT and Colorado State Patrol (CSP) pursuant to C.R.S. 42-4-110.5.
- The Notice of Violation shall include the requirements listed in C.R.S. § 42- 4-110.5 and, at a minimum, contain the following information:
- The name and address of the registered owner of the motor vehicle involved in the alleged violation;
- The license plate number of the motor vehicle involved in the alleged violation;
- The date, time, and location of the alleged violation;
- The amount of the civil penalty prescribed for the alleged violation;
- The deadline for payment of the prescribed civil penalty and for disputing the alleged violation; and
- Information on how the registered owner may either dispute the alleged violation at a hearing or pay the prescribed penalty. The notice shall contain a written deadline for disputing the alleged violation which is not less than forty-five (45) days after the issuance date of the notice.
- To protest a Notice of Violation, the registered owner must request, in writing, a hearing to dispute the alleged violation.
- Speeding Violations.
- For a speeding violation of less than ten (10) miles per hour over the posted speed limit under the City traffic regulation or under state law through the use of an Automated Vehicle Identification System, the violation may be cited as follows:
- For the registered owner’s first offense, a written warning with no penalty or surcharge; and
- For the registered owner’s second or subsequent offense, a Notice of Violation.
- For a speeding violation of ten (10) miles per hour over the posted speed limit under the City traffic regulation or under state law through the use of an Automated Vehicle Identification System, the City shall issue, or cause its vendor to issue, to the registered owner a Notice of Violation.
- Civil Penalty. The maximum civil penalty for a speeding violation under this Section, including any surcharge, is forty dollars ($40.00), unless the violation is within a school zone, in which case the maximum penalty shall be eighty dollars ($80.00). However, a violation that occurs within a maintenance, construction, or repair zone designated pursuant to C.R.S. § 42-4-614 may be subject to a civil penalty of eighty dollars ($80.00). Notwithstanding the foregoing, the penalty for a speeding violation or traffic control signal violation under this Section shall not exceed any penalty provided for by applicable provisions in the Colorado Revised Statutes.
- Signage. The City shall:
- Post a permanent sign in a conspicuous place not fewer than three hundred feet (300’) before the beginning of the automated vehicle identification system corridor and a permanent sign not fewer than three hundred feet (300’) before each camera within the corridor thereafter; and/or
- Post a temporary sign not fewer than three hundred feet (300’) before any mobile camera.
- Automated Vehicle Identification System Corridors.
- Pursuant to C.R.S. § 42-4-110.5(2)(g)(I), the City will identify automated vehicle identification system corridors based on collected traffic data and place the Automated Vehicle Identification System to represent the highest traffic safety needs of the City. The City Council may designate the location of the automated vehicle identification corridor by ordinance or resolution. Determining the location of each automated vehicle identification corridor shall be based on the need of traffic safety. The City designates the following locations to be included as part of the as automated vehicle identification corridor:
- School Zones; and
- Main Street within City limits.
- The City shall illustrate, through data collected within the past five (5) years, incidents of crashes, speeding, reckless driving, or community complaints on the streets designated as an Automated Vehicle Identification System corridor.
- The City will coordinate with the Department of Transportation and Colorado State Patrol in designated corridors.
- If applicable, the City will publish a report on its website disclosing the number of citations and revenue generated by the Automated Vehicle Identification System corridor. The Chief of Police shall present an annual report to City Council evaluating each Automated Vehicle Identification System location, and recommending whether to continue, relocate, expand or remove the system.
- The City shall not locate an Automated Vehicle Identification System corridor on any highway that is a part of the federal interstate highway system.
- Civil Penalty Assessment Notices.
- If the City has not received the prescribed civil penalty or written notice requesting a hearing to dispute the alleged violation by the deadline provided in the Notice of Violation, then the City shall issue, or cause its vendor to issue, a Civil Penalty Assessment Notice to be served on the registered owner either by first-class mail or personal service.
- The Civil Penalty Assessment Notice include the requirements listed in C.R.S. § 42-4-110.5 and, at a minimum, contain the following information:
- The name and address of the registered owner of the motor vehicle involved in the alleged violation;
- The license plate of the motor vehicle involved in the alleged violation;
- The date, time and location of the alleged violation;
- The amount of the civil penalty prescribed for the alleged violation;
- The deadline for payment of the prescribed civil penalty; and
- Information on how to pay the prescribed civil penalty.
- If the registered owner fails to pay the full prescribed civil penalty by the deadline stated in the Civil Penalty Assessment Notice, a final order of liability shall be entered against the registered owner of the vehicle. The final order of liability must be personally served to the registered owner. Final orders of liability may be appealed as to matters of law and fact to the Prowers County Court.
- The City may initiate or pursue a collection action against the registered owner of a motor vehicle for debt resulting from the final order of liability contingent upon personal service of the Notice of Violation or the final order of liability.
- The City shall not report to the Department of Transportation any conviction or entry of judgment against a defendant for a violation of a municipal traffic regulation or traffic violation under state law if the violation was detected through the use of an Automated Vehicle Identification System.
- If the registered owner fails to pay the full prescribed civil penalty, the City shall not attempt to enforce the penalty by immobilizing the registered vehicle owner’s vehicle.
- Vendors.
- No portion of any fine collected through the use of an Automated Vehicle Identification System may be paid to the manufacturer or vendor of the Automated Vehicle Identification System equipment. The compensation to such vendor by the City shall be based on the value of such equipment and the value of any services provided and may not be based on the number of traffic citations issued or the revenue generated by such equipment or services.
- Data Retention.
- The City shall:
- Program the Automated Vehicle Identification System to retain data only when a violation of a county or municipal traffic regulation or traffic violation under state law occurs;
- Treat all photographs and video collected by the Automated Vehicle Identification System as confidential and exempt from disclosure and inspection pursuant to the “Colorado Open Records Act”, part 2 of Article 72, Title 24, C.R.S.;
- Not use, disclose, sell, or permit access to photographs, video, or personal identifiable data collected by the Automated Vehicle Identification System except to the extent necessary to operate the program, including for purposes of processing violations, for other law enforcement purposes, for transferring data to a new vendor or operating system, or, pursuant to a court order, for use in unrelated legal proceedings; and
- Destroy any photographs and video of a violation collected by the Automated Vehicle Identification System within three (3) years after the final disposition of the violation unless the photographs or video are maintained in a separate system for other purposes allowed by law.
Section 2. Repealer.
All ordinances, resolutions, bylaws and regulations of the City in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any ordinance, resolution, bylaw or regulation, or part thereof, heretofore repealed.
Section 3. Severability.
If any section, paragraph, clause or provision of this Ordinance shall be held invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any other provision of this Ordinance.
Section 4. Effective Date.
This Ordinance shall be in full force and effect 30 days after publication following final passage and adoption.
INTRODUCED, READ IN FULL, PASSED ON FIRST READING AND ORDERED PUBLISHED this 13th day of July, 2026.
CITY OF LAMAR, COLORADO
By_________________________
Kirk Crespin, Mayor
ATTEST:
By_____________________
Linda Williams, City Clerk
INTRODUCED, PASSED ON SECOND READING AND ORDERED PUBLISHED this ___24____ day of___July, 2026.
CITY OF LAMAR, COLORADO
By_________________________
Kirk Crespin, Mayor
ATTEST:
By_____________________
Linda Williams, City Clerk
Published July 24, 2026
In the Kiowa County Press.