Statutory law allows a city to install at an intersection an automated traffic enforcement device that photographs a traffic law offender,
Defendant's view finds support in the overall statutory scheme involving automated traffic enforcement. Thus, unlike the Court of Appeal, we conclude that the public announcement and warning requirements apply to each installation of such a device. We nevertheless affirm the Court of Appeal, which upheld defendant's conviction, because, like that court, we reject defendant's argument that compliance with the statute's requirement of a 30-day period of warning notices is a precondition to issuing a valid citation for a red light traffic law violation.
In 1998, the City of Culver City (the City) installed its first automated traffic enforcement device, at the intersection of Washington Boulevard and La Cienega Boulevard, under the authority of section 21455.5's subdivision (a). For convenience, we will refer to such devices as "red light cameras," as that is the term used in popular discourse. In compliance with section 21455.5(b), the City made a public announcement concerning its initial red light camera, and it gave violators warning notices, instead of citations, for the first 30 days that the camera was operational. Thereafter, the City installed red light cameras at several other intersections without making new public announcements, and without giving violators warning notices, instead of citations, for the first 30 days that a camera was operational at a new intersection.
In June 2006, the City installed a red light camera at the intersection of Washington Boulevard and Helms Avenue, without a public announcement and without an initial 30-day period of warning notices. More than two years later, in November 2008, that camera photographed a car registered to defendant Steven Edward Gray driving through a red traffic light, and a citation was issued. (§ 21453, subd. (a).)
Defendant pled not guilty and sought dismissal, asserting that the City had failed to comply with section 21455.5(b)'s requirements of a public announcement and a 30-day period of warning notices with respect to the
At trial, defendant stipulated that he was the driver depicted in the photographic evidence recorded by the red light camera. In addition, the police officer in charge of the City's red light camera enforcement program testified about the installation, functioning, operation, and maintenance of the device.
The trial court found defendant guilty of the charge of not stopping for a red light (§ 21453, subd. (a)) and ordered him to pay a fine. Defendant appealed to the Appellate Division of the Los Angeles County Superior Court, which upheld the trial court's decision. The appellate division expressly disagreed with People v. Park (2010) 187 Cal.App.4th Supp. 9 [115 Cal.Rptr.3d 337], which held that a public announcement and 30-day period of warning notices were required for each installation of a red light camera.
The Court of Appeal ordered the case transferred to itself. (See Code Civ. Proc., § 911; Cal. Rules of Court, rule 8.1002.) It then affirmed the decision of the superior court's appellate division. We granted defendant's petition for review.
Section 21455.5(b) provides: "Prior to issuing citations under this section, a local jurisdiction utilizing an automated traffic enforcement system shall commence a program to issue only warning notices for 30 days. The local jurisdiction shall also make a public announcement of the automated traffic enforcement system at least 30 days prior to the commencement of the enforcement program." (Italics added.) Defendant here argues that a red light camera at any intersection is, by itself, a "system" because the equipment is capable of operating independently. Therefore, he asserts, a new public announcement and 30-day period of warning notices are required for each new intersection equipped with red light cameras. The City responds that the word "system" in section 21455.5(b) refers to the entire citywide red light camera enforcement program. Thus, the City argues, the statute's requirements of a public announcement and a 30-day period of warning notices apply only when the first red light camera was made operational at some intersection within the City's boundary. As we noted earlier, a red light camera was first installed in the City in 1998, whereas the camera at issue here was installed in 2006.
Section 21455.5 is one of several Vehicle Code sections that address the use of red light cameras. A look at how the Legislature used the word "system" in those various statutes supports defendant's argument here that the word "system" in section 21455.5(b) was intended by the Legislature to apply to each new camera installed at an intersection.
For example, subdivision (a) of section 21455.5 states that "[t]he limit line, the intersection, or a place designated in Section 21455 ... may be equipped with an automated traffic enforcement system ...." (Italics added.) As used there, the word "system" necessarily refers to the specific equipment in operation at a particular intersection, not to the entire citywide red light camera enforcement program. Similarly, subdivision (a)(1) of section 21455.5 requires a city to "[i]dentif[y] the system by signs posted within 200 feet of an intersection where a system is operating ...." (Italics added.) And that statute's subdivision (a)(2) requires cities to "locate[] the system at an intersection." (§ 21455.5, subd. (a)(2), italics added.) In addition, section 21455.7's subdivision (a) imposes on a city certain obligations that apply to "an intersection at which there is an automated enforcement system in operation." (Italics added.) Finally, subdivision (c)(2)(A) of section 21455.5 states that "[p]rior to installing an automated traffic enforcement system after January 1, 2013, the governmental agency shall make and adopt a finding of fact establishing that the system is needed at a specific location for reasons
The City responds by noting that elsewhere in section 21455.5, the word "system" appears to have a broader meaning, referring to the entire citywide red light camera enforcement program. As an example, the City points to section 21455.5's subdivision (d), which permits cities to "contract[] out" "operation of the system." The City argues that the Legislature was referring to a single contract for the entire city, and therefore "system" as used in section 21455.5, subdivision (d) does not refer merely to the automated traffic enforcement device at a single intersection. (See § 21455.5, subd. (c)(1) [discussing "uniform guidelines" for operation of "an automated traffic enforcement system"; it would be odd for a city to develop "uniform guidelines" for operation of just a single camera].) The City also cites Merriam-Webster's Collegiate Dictionary (10th ed. 2000) page 1194, which defines the word "system" as "a regularly interacting or interdependent group of items forming a unified whole." The City points out that all of its red light cameras are connected to a computer, and therefore they together constitute a single "system."
Because there is ambiguity regarding the scope of the word "system" in section 21455.5(b) — as highlighted by the conflicting statutory constructions adopted by the Court of Appeal here and by the appellate division of the superior court in People v. Park, supra, 187 Cal.App.4th Supp. 9 — we need to go beyond the statutory language and consider the statute's legislative history. (People v. King, supra, 38 Cal.4th 617, 622.) Did the Legislature's use of the word "system" in section 21455.5(b) refer to the red light camera installed at a specific intersection, or does "system" refer to the entire citywide red light camera enforcement program? We explore that issue below.
The Legislature enacted section 21455.5 in 1995 as an expansion of an existing statutory scheme that authorized red light cameras at railroad crossings, and the railroad crossing statutory scheme uses intersection-specific language when referring to such cameras. (See §§ 22451, subd. (c) [a notice of violation may be issued "[w]henever a railroad or rail transit crossing is equipped with an automated enforcement system"], 21362.5, subd. (a) ["Railroad and rail transit grade crossings may be equipped with an automated rail crossing enforcement system if the system is identified by signs ... visible to traffic approaching from each direction."].) In expanding the railroad crossing statutory scheme to include red light cameras at street intersections, we can reasonably assume that the Legislature used the word "system" in the same way. (See People v. Canty, supra, 32 Cal.4th at p. 1276.)
Public policy supports that conclusion. The warning notices required by section 21455.5(b) serve to inform the drivers who frequently use a particular intersection that the city's enforcement method has changed. We see no justification for a rule requiring warnings to drivers who frequently use one intersection, but not to drivers who frequently use a different intersection.
Defendant argues that he cannot be convicted of violating the red light traffic law (§ 21453, subd. (a)) if the City has not proved compliance with section 21455.5(b)'s requirement of a 30-day period of warning notices. Defendant relies on language in section 21455.5(b) stating that a local agency that uses a red light camera to enforce a traffic signal "shall" issue warning notices for 30 days "[p]rior to issuing citations under this section." (Italics added.) Defendant reads this language as creating a jurisdictional precondition: Until a city complies with the requirement of a 30-day period of
According to defendant, rejection of his argument — that a city's compliance with section 21455.5(b)'s requirement of a 30-day period of warning notices is a jurisdictional precondition to enforcement of the red light traffic law (§ 21453, subd. (a)) — would be an unforeseeable expansion of the red light traffic law, and therefore federal due process protections preclude its retroactive application to him. (See Bouie v. City of Columbia (1964) 378 U.S. 347, 351-355 [12 L.Ed.2d 894, 84 S.Ct. 1697] [South Carolina's interpretation of the law of trespass to cover the act of remaining on the premises of another after being asked to leave was unforeseeable and could not be applied retroactively].) For the reasons given earlier, our conclusion here is not unforeseeable, and therefore defendant's due process argument lacks merit.
We disagree with the Court of Appeal here that section 21455.5(b)'s requirements apply only to the initial installation of a red light camera within a city. Rather, those requirements apply each time such a camera is installed. We agree with the Court of Appeal, however, in rejecting defendant's argument that noncompliance with section 21455.5(b)'s requirement of a 30-day period of warning notices precludes the City's prosecution of defendant for violating the red light traffic law. Accordingly, we agree with the Court of Appeal's decision to uphold defendant's conviction.
The judgment of the Court of Appeal is affirmed.
Cantil-Sakauye, C. J., Baxter, J., Werdegar, J., Chin, J., Corrigan, J., and Liu, J., concurred.