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62 | SUN LAKES LIFESTYLES | APRIL 2016 | a. The general manager shall designate certain personnel on staff to: • Be trained to competently perform the tasks herein; • Place and operate the photo radar trailer; • Observe and confirm the photo radar unit's internal software self- calibration each time it is turned on; • Review the photos taken of vehicles exceeding the posted speed limit to confirm a violation and then review the Association's records to identify the Association member responsible for the vehicle violating the speed limit and then prepare a notice of hearing/potential fine in accordance with the below procedure; • Attend hearings to provide necessary evidence regarding the photo radar trailer operation and circumstances of the underlying alleged violations. b. In selecting locations to place the photo radar trailer from time to time, the general manager shall consider complaints from residents regarding speeding in the area, but no particular complaints are required for the general manager to select these locations. c. The duties of the general manager shall be performed by the assistant general manager in the general manager's absence. 2. Speed-Limit Enforcement. a. Sun Lakes is a residential community with relatively narrow streets, winding streets, and many areas, including streets and parking areas, which are used by trucks, cars, golf carts and pedestrians. Accordingly, the Association has established speed limits to promote safety within our private community. • The speed limit is a maximum of 20 miles per hour on all Association streets except on Country Club Drive and Gleneagles Drive on which the limit is a maximum of 25 miles per hour. The speed limit in the three (3) sub-associations (Lakeside Community Association, Lakeside II Community Association, and Fairway Villas Community Association) is 15 miles per hour. b. Speed-limit fine schedule: EXCESSIVE SPEED FINE AMOUNT Up to 5 mph over posted limit $ 25.00 6 to 10 mph over posted limit $ 50.00 11-15 mph over posted limit $ 75.00 16+ mph over posted limit $100.00 3. Other Violations and Penalties. The photo radar unit may document other violations depending on circumstances. Penalties for these violations are as follows: VIOLATION FINE AMOUNT Failing to stop at a stop sign $ 25.00 Bicycle riding on pedestrian sidewalk $ 10.00 Driving on the wrong side of the street $ 25.00 Walking or running a leashed animal while operating a vehicle $ 50.00 Under age 16 driver $ 25.00 Except to the extent the Association has a specific Board-adopted rule on point, the Association's traffic rules are the rules of the road prevailing under the California Vehicle Code, and each violation thereof occurring on the Association's private streets and drives shall be subject to a fine not to exceed $100.00. Violations and fines will be combined in a single citation where appropriate. For example, violations may be charged for both exceeding the speed limit and running a stop sign where that is demonstrated by the photo radar evidence. (The photo radar unit takes photos at a rate of 16 to 32 frames per second.) As with all Association enforcement, the foregoing fine schedules are not the exclusive remedy available to the Association. The Board of Directors reserves the right to use any and all remedies provided under the Association's governing documents or California law as the Board may deem appropriate under the circumstances, including, but not limited to, suspension of a member's privileges. 4. Members' Responsibility. As with the Association's other rules, members are responsible for the conduct of their tenants, guests and invitees. Each member is responsible for those persons that the member calls into or brings into the community regardless of whether those persons are the member's social guests, family members business invitees or tenants. Accordingly, each member is responsible for fines or any other penalties that result from the misconduct of these individuals. 5. Hearing Procedure. a. Staff designated by the general manager, upon reviewing the photo radar evidence and the Association records and ascertaining the member responsible for the alleged violation, shall prepare a written notice of citation to that member advising the member of the: • Alleged violation; • Date, time and place of the incident; • Potential fine or other penalty; • Date, time and place of the violation hearing; • The notice letter shall include a print of at least one photo frame from the photo radar unit depicting the alleged violation. b. The committee deemed appropriate by the Board shall be responsible for the initial hearing on any alleged violation of these rules. The committee shall serve at the pleasure of the Board. c. The committee shall view the evidence presented by the responsible staff member(s) at the hearing on the alleged violation as well as any relevant evidence or defense that may be presented by the member alleged to be responsible for the violation. A member may also submit a written defense for the committee's consideration prior to the hearing. d. If the member who is the subject of the citation fails to attend his/her hearing, the committee shall consider the evidence presented by Association staff and make a determination based thereon, unless prior to the commencement of the hearing, the Association has received a payment from the subject member of the amount of the proposed fine; in which case, it shall be presumed that the member has accepted responsibility for the alleged violation and that the violation in the citation was true. e. The committee shall make its determination based upon the preponderance of the evidence presented. (Proof beyond a reasonable doubt is not required.) f. Within 15 days of the conclusion of the hearing before the committee, staff shall cause to be sent to the subject member a notice of the results of the committee hearing decision in writing. If the result of the hearing was to find the member responsible, the notification letter shall set forth the amount of the fine(s) or other discipline as imposed by the committee along with instructions regarding payment. If the committee found the subject member continued from page 4 continued on next page

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