All traffic-control signs, signals, devices and markings placed
or erected prior to the adoption of this code and in use for the purpose
of regulating, warning or guiding traffic are hereby affirmed, ratified
and declared to be official traffic-control devices, provided such
traffic-control devices are not inconsistent with the provisions of
this chapter or state law.
(1973 Code, sec. 30-215; 1991 Code,
sec. 17-288; 2007 Code, sec. 44-30)
(a)
Any person who has received any notice to appear in answer to a traffic
charge under this chapter may, within the time specified in the notice,
appear at the traffic violations bureau and answer the charge set
forth in such notice by paying a prescribed fine, and in writing pleading
guilty to the charge, waiving a hearing in court and giving power
of attorney to the person in charge of the bureau to make such a plea
and pay such fine in court.
(b)
Any person who has been guilty of two or more moving traffic violations,
except as otherwise provided, within the preceding 12 months shall
not be permitted to pay a fine at the traffic violations bureau and
he must make statutory bail for appearance in court.
(c)
The provisions of this section shall not apply for juveniles.
(1973 Code, sec. 30-27; 1991 Code,
sec. 17-40; 2007 Code, sec. 44-22)
Members of the city fire department, when at the scene of a
fire, may direct or assist the police in directing traffic thereat
or in the immediate vicinity when requested by a police officer.
(1973 Code, sec. 30-42; 1991 Code,
sec. 17-62; 2007 Code, sec. 44-23)
Under unusual conditions the chief of police may appoint temporary
traffic-control officers until such unusual conditions cease to exist.
These temporary officers shall have the same authority as regular
officers of the police department unless they are specifically limited
by the chief of police.
(1973 Code, sec. 30-43; 1991 Code,
sec. 17-63; 2007 Code, sec. 44-24)
(a)
All of the recitals contained in the preamble hereof are hereby found
to be true, and such recitals are hereby approved and made a part
of this division for all purposes and are adopted as a part of the
judgment and findings of the city council.
(b)
It is the purpose of this division to implement a photographic traffic
enforcement system program in order to promote the health, safety
and general welfare of the citizens of the city by reducing the hazards
of running red lights. The provisions of this division have neither
the purpose nor effect of intruding upon individual liberties.
(c)
This division shall apply within the corporate limits of the city.
(Ordinance 07-635, sec. 1, adopted 3/8/07; 2007 Code, sec. 28-151)
Words and phrases used in this division shall have the meanings
set forth in this section, unless the context of their usage clearly
requires otherwise. Words and phrases that are not defined below shall
be given their common, ordinary meaning unless the context clearly
requires otherwise. When not inconsistent with the context, words
used in the present tense shall include the future tense (and vice
versa), words in the plural number shall include the singular number
(and vice versa), and words in the masculine gender shall include
the feminine gender (and vice versa). Headings and captions are for
reference purposes only.
means the police department of the city.
means the place or area where two or more streets intersect.
means any motor vehicle subject to registration pursuant
to the Texas Certificate of Title Act (V.T.C.A., Transportation Code
chapter 501).
means a notice mailed to a person identified as having violated
this division and that complies with the content requirements set
out in this division. A notice of violation is not a criminal citation.
means the owner of a motor vehicle as shown on the motor
vehicle registration records of the state department of transportation
or the analogous department or agency of another state or country.
The term “owner” includes:
means a system that:
Consists of a camera and vehicle sensor installed to work in
conjunction with an electrically operated traffic-control signal;
and
Is capable of producing, depicting, photographing or recording
at least two recorded an image [sic] of a license plate attached to
the front or rear of a motor vehicle.
means an image recorded by a photographic traffic enforcement
system that depicts the license plate attached to the front or rear
of a motor vehicle and is automatically produced, depicted, photographed
or recorded on a photograph or digital image.
means the approach to an intersection toward which a photographic
traffic enforcement system is directed and in operation.
means a traffic-control device that displays alternating
red, amber and green lights that directs traffic when to stop at or
proceed through an intersection.
(Ordinance 07-635, sec. 2, adopted 3/8/07; 2007 Code, sec. 28-152)
It shall be unlawful for any person operating a motor vehicle
to proceed into an intersection when the traffic-control signal for
that vehicle’s direction of travel is emitting a steady red
signal. The owner of the motor vehicle shall be responsible for a
violation of this division, except as otherwise provided herein.
(Ordinance 07-635, sec. 3, adopted 3/8/07; 2007 Code, sec. 28-153)
(a)
The department shall implement, administer and enforce the city’s
photographic traffic enforcement system and shall maintain a list
of system locations where photographic traffic enforcement systems
are installed.
(b)
All enforcement records including, but not limited to, a recorded
image resulting from a photographic traffic enforcement system shall
be confidential to the extent allowed by state law and may be used
only to pursue a violation of this division.
(c)
Signs shall be posted and maintained advising motorists that photographic traffic enforcement systems are in operation. Every sign shall be clearly visible to all directions of traffic at every intersection with a photographic traffic enforcement system. The department shall only issue warning notices (rather than notices of violation) for the first 30 days after operation of a new photographic traffic enforcement system. Warning notices shall contain the same information required by subsection (e).
(d)
A notice of violation shall be mailed to the owner of the motor vehicle
no later than 30 days after the date the violation is alleged to have
occurred. The notice of violation shall be mailed to:
(1)
The owner’s address as indicated on the registration records
of the state department of transportation; or
(2)
If the vehicle is registered in another state or country, the owner’s
address as shown on the motor vehicle registration records of the
department or agency of the other state or country that is analogous
to the state department of transportation.
(e)
A notice of violation shall contain the following information:
(1)
A description of the alleged violation;
(2)
Location of the intersection where the violation occurred;
(3)
The date and time of the violation;
(4)
The name and address of the owner of the vehicle involved in the
violation;
(5)
The license plate number displayed on the license plate of the vehicle
involved in the violation;
(6)
A copy of a recorded image depicting the license plate number of
the vehicle;
(7)
The amount of the civil penalty imposed for the violation;
(8)
The number of days the person has in which to pay or contest the
civil penalty and a statement that the person incurs a late payment
penalty if the civil penalty is not paid or imposition of the penalty
is not contested within that period;
(9)
A statement that a recorded image is evidence in a proceeding for
the imposition of a civil penalty;
(10)
A statement that the person named in the notice may pay the civil
penalty in lieu of appearing at a non-judicial administrative adjudication;
(11)
Information informing the person:
(A)
Of the right to contest the imposition of the civil penalty
in a non-judicial administrative hearing;
(B)
That imposition of the civil penalty may be contested by submitting a written request for a non-judicial administrative hearing before the expiration of the period set forth in subsection (8) above;
(C)
That failure to pay the civil penalty or contest liability in
a timely manner is an admission of liability and a waiver of the person’s
right to appeal the imposition of the civil penalty;
(D)
That failure to appear at a non-judicial administrative hearing
after having requested a hearing is an admission of liability; and
(E)
That failure to timely pay the civil penalty may result in the
imposition of a late payment fee of $25.00.
(12)
A statement that, if at the time and place of the violation the vehicle
was being operated by a person other than the owner, the owner may
transfer liability for the violation to the person who was operating
the vehicle at that time and place if the owner submits to the department
by verifiable affidavit, on a form provided by the department, or
under oath at an administrative adjudication hearing, the name and
current address of the person:
(A)
Operating the vehicle at the time and place of the violation;
(B)
Who was the lessee of the vehicle at the time of the violation,
if the vehicle was rented or leased from a person in the business
or renting or leasing motor vehicles at that time; or
(C)
Who was the subsequent owner of the motor vehicle, if ownership
of the vehicle was transferred by the owner before the time of violation;
and
(13)
Any other information the department deems prudent and necessary.
(f)
If it is determined, through affidavit or oath, that the motor vehicle
was being operated by a person other than the owner, the department
shall reissue notice of violation to the actual operator within ten
days of the determination.
(g)
No notice of violation shall be issued and no civil penalty shall
be imposed if the department determines that the motorist was arrested,
was issued a criminal citation and notice to appear or was issued
a warning by a duly authorized peace officer for a violation of V.T.C.A.,
Transportation Code section 544.007(d) recorded by the photographic
traffic enforcement system.
(h)
No notice of violation shall be issued if the quality of the image
captured by the system is so inferior as to prohibit positive identification
of the license plate.
(i)
A notice of violation under this section is presumed to have been
received on the tenth day after the date the notice of violation is
mailed. All notices shall be mailed U.S. first class mail.
(Ordinance 07-635, sec. 4, adopted 3/8/07; Ordinance 07-644, sec. 1(A), (B), adopted 8/14/07; Ordinance 07-646, sec. 1, adopted 9/13/07; 2007 Code, sec. 28-154)
The owner of the motor vehicle shall be responsible for a violation
of this division unless the owner can, by preponderance of the evidence,
show that:
(1)
The traffic-control signal was not in proper position and sufficiently
legible to an ordinarily observant person;
(2)
The operator of the motor vehicle was acting in compliance with the
lawful order or direction of a police officer;
(3)
The operator of the motor vehicle was part of a funeral procession;
(4)
The operator of the motor vehicle violated the instructions of the
traffic-control signal so as to yield the right-of-way to an immediately
approaching authorized emergency vehicle;
(5)
The motor vehicle was being operated as authorized emergency vehicle
under V.T.C.A., Transportation Code chapter 546 and the operator was
acting in compliance with that chapter;
(6)
The motor vehicle was a stolen vehicle and being operated by a person
other than the owner of the vehicle without the effective consent
of the owner;
(7)
The license plate depicted in the recorded image of the violation
was a stolen plate and being displayed on a motor vehicle other than
the motor vehicle for which the plate has been issued;
(8)
The motor vehicle was leased, rented or otherwise in the care, custody
or control of another person;
(9)
The presence of ice, snow, unusual amounts of rain or other unusually
hazardous road conditions existed that made compliance with this division
more dangerous under the circumstances than noncompliance;
(10)
The owner was not the owner of the motor vehicle at the time of the
violation; or
(11)
The owner was arrested, was issued a criminal citation and notice
to appear or was issued a warning by a duly authorized peace officer
for a violation of V.T.C.A., Transportation Code section 544.007(d)
recorded by the photographic traffic enforcement system.
(Ordinance 07-635, sec. 5, adopted 3/8/07; 2007 Code, sec. 28-155)
(a)
A violation of this division shall be deemed a non-criminal violation
for which a civil penalty will be assessed. The imposition of a civil
penalty under this division is not a conviction and may not be considered
a conviction for any purpose.
(b)
The civil penalty for which the owner or, when applicable, the operator
is liable is $75.00.
(c)
A person who fails to pay a civil penalty within the time allowed
by this division shall be additionally liable for a late payment fee
of $25.00.
(d)
The city attorney is authorized to file suit to enforce collection
of a civil penalty assessed under this division.
(Ordinance 07-635, sec. 6, adopted 3/8/07; Ordinance 07-644, sec. 1(C), adopted 8/14/07; 2007 Code, sec. 28-156)
(a)
A person who receives a notice of violation under this division may
contest the imposition of the civil penalty by requesting in writing
a non-judicial administrative hearing within the time provided in
the notice, which period shall not be less than 30 days after notification
of the violation.
(b)
The department shall establish an administrative process to review
objections to violation notices including the selection of a hearings
officer who shall preside over the non-judicial administrative hearing
and, at a minimum, shall be a person knowledgeable in the laws governing
traffic control and enforcement with competencies in due process,
municipal law, effective writing and speaking, fair and impartial
decision-making, and related areas.
(c)
Failure to pay a civil penalty or contest liability in a timely manner shall be deemed an admission of liability for the full amount of the civil penalty assessed in the notice of violation and constitutes a waiver of the right to appeal under section 11.02.038.
(d)
Failure to appear at a non-judicial administrative hearing after having requested a hearing shall be deemed an admission of liability for the full amount of the civil penalty assessed in the notice of violation and constitutes a waiver of the right to appeal under section 11.02.038.
(e)
The civil penalty shall not be assessed if:
(1)
After the hearing, the hearing officer enters a finding of no liability;
or
(2)
Within the time prescribed in the notice of violation, the person against whom the civil penalty is to be assessed submits the proof described in section 11.02.034(e)(12).
(f)
A person who is found liable for a civil penalty after a non-judicial
administrative hearing shall pay the civil penalty and costs within
30 days of the determination of liability.
(g)
In a non-judicial administrative hearing, the issues must be proved
at the hearing by a preponderance of the evidence. The reliability
of the photographic traffic enforcement system used to produce the
recorded image of the violation may be attested to in a non-judicial
administrative hearing by affidavit of an officer or employee of the
city or the entity with which the city contracts to install or operate
the system and who is responsible for inspecting and maintaining the
system. An affidavit of an officer or employee of the city that alleges
a violation based an inspection of the pertinent recorded image is
admissible in a proceeding under this division, is evidence of the
facts contained in the affidavit, and is prima facie evidence of the
violation alleged in the notice of violation.
(h)
Notwithstanding any other provision of this division to the contrary,
a person who fails to pay the amount of a civil penalty or to contest
liability in a timely manner is entitled to a non-judicial administrative
hearing on the violation if:
(1)
The person files an affidavit with the hearings officer stating the
date on which the person received the notice of violation that was
mailed to the person; and
(2)
Within the same period required for a hearing to be timely requested,
but measured from the date the mailed notice was received as stated
in the affidavit, the person requests a non-judicial administrative
hearing.
(Ordinance 07-635, sec. 7, adopted 3/8/07; Ordinance 07-644, sec. 1(D), (E), adopted 8/14/07; 2007 Code, sec. 28-157)
A person who is found liable after a non-judicial administrative hearing may appeal that finding of liability to the municipal court by filing a notice of appeal with the clerk of the municipal court. The notice of appeal must be filed, in writing, not later than the 31st day after the date on which the non-judicial administrative hearing officer enters the determination of liability and shall be accompanied by the payment of costs required by law for the court. The person appealing such finding of liability shall file a notarized statement of personal financial obligation with the court to perfect such person’s appeal. An appeal stays enforcement of the civil penalty. An appeal shall be determined by the municipal court trial de novo. The affidavits submitted under section 11.02.037(g) shall be submitted to the municipal judge in the trial de novo, and the issues must be proved by a preponderance of the evidence.
(Ordinance 07-635, sec. 8, adopted 3/8/07; Ordinance 07-644, sec. 1(F), adopted 8/14/07; 2007 Code, sec. 28-158)
