The director of community development shall place or cause to be placed and maintain official traffic-control signs, signals, and devices when and as required under the traffic ordinances of this city to make effective the provisions of said ordinances, and may place or cause to be placed and maintain such additional official traffic-control devices as he may deem necessary to regulate, warn, or guide traffic under the traffic ordinances of this city or the state traffic laws.
(2007 Code, sec. 12.02.001)
All traffic-control signs, signals, and devices shall conform to the state manual on uniform traffic-control devices for streets and highways and specifications approved by the council. All signs and signals required hereunder for a particular purpose shall, so far as practical, be uniform as to type and location throughout the city. All traffic-control devices heretofore erected and not inconsistent with the provisions of state law or this chapter shall be official traffic-control devices.
(2007 Code, sec. 12.02.002)
The driver of any vehicle shall obey the instructions of any traffic-control device applicable thereto placed in accordance with the provisions of this article, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle.
(2007 Code, sec. 12.02.003)
No provision of this chapter for which official traffic-control devices are required shall be enforced against an alleged violator if, at the time and place of the alleged violation, an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic-control devices are required, such section shall be effective even though no devices are erected or in place.
(2007 Code, sec. 12.02.004)
(a) 
Whenever official traffic-control devices are placed in position approximately conforming to the requirements of this article, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.
(b) 
Any official traffic-control device placed pursuant to the provisions of this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this article, unless the contrary shall be established by competent evidence.
(2007 Code, sec. 12.02.005)
An inventory of all traffic-control signs installed shall be maintained by the city public works street maintenance department and provided to the director of community development. The inventory shall show the location of each sign, date of installation, and other pertinent information applicable to each sign. Future installations, removals, or maintenance of the traffic-control devices shall be entered in the inventory as they occur.
(2007 Code, sec. 12.02.006)
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 article or state law. Additionally, all traffic-control signs, signals, devices and markings placed or erected after adoption of this code within the existing city limits or in recently annexed areas will be declared to be official traffic-control devices, provided such traffic-control devices are not inconsistent with the provisions of this article or state law.
(2007 Code, sec. 12.02.007)
Any person that violates this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine in accordance with the general penalty in section 1.01.009 of this code.
(2007 Code, sec. 12.02.008)
(a) 
The city seeks to promote the health, safety and general welfare of its citizens.
(b) 
There is convincing documented evidence that motorists running red lights are a significant problem resulting in traffic accidents causing fatalities, injuries, and loss of property.
(c) 
State statutes authorize municipalities to regulate traffic by traffic-control devices and through criminal, civil, and administrative enforcement methods.
(d) 
The city’s concern relating to traffic accidents caused by motorists running red lights is a legitimate public safety concern which supports implementation of reasonable regulations.
(e) 
By implementation of such reasonable regulations, it is not the city’s intent or purpose to intrude upon individual liberties or to seek to increase revenues, but rather to increase safety, to increase motorists’ consciousness, and to reduce property loss due to traffic accidents involving the running of red lights.
(f) 
The city has implemented a public education and awareness program regarding the implementation hereof, including press releases, required newspaper postings and website notice.
(g) 
The city desires to implement a photographic traffic enforcement system and program in order to promote the health, safety and general welfare of the citizens of the city by reducing the hazards related to running red lights.
(2007 Code, sec. 12.02.031)
The following words and phrases, when used in this division, shall, for the purpose of this division, have the meanings respectively ascribed to them in this section, except when the context otherwise requires. Whenever any words and phrases used herein are not defined herein but are defined in the state laws regulating the operation of vehicles, any such definition therein shall be deemed to apply to such words and phrases used herein, except when the context otherwise requires.
Department.
The police department of the city or its designated agent.
Motor vehicle or vehicle.
A self-propelled device that can be used to transport or draw persons or property on a highway. The term does not include a device exclusively used on stationary rails or tracks, manufactured housing as defined by chapter 1201 of the Texas Occupations Code, an electric bicycle, or an electric personal assistive mobility device as defined by section 551.201 of the Texas Transportation Code.
Notice of violation.
A notice mailed to a person identified as having violated this division and that complies with the content requirements set out in section 22.02.034(d). A notice of violation is not a criminal citation.
Owner or registered owner.
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.
Photographic traffic signal enforcement system.
A system that consists of a camera system and vehicle sensor installed to exclusively work in conjunction with an electrically operated traffic-control signal and that is capable of producing at least two (2) recorded images of the license plate attached to the front or rear of a motor vehicle that is not operated in compliance with the instructions of the traffic-control signal.
Recorded image.
A photographic or digital image that depicts the front or rear of a motor vehicle.
Traffic-control signal.
A manual, electric, or mechanical device that alternately directs traffic to stop and to proceed.
(2007 Code, sec. 12.02.032)
(a) 
The city has found and determined that the creation of dangerous intersections by motorists running red lights is a serious public safety concern. When a vehicle proceeds into an intersection when the traffic-control signal for that vehicle’s direction of travel is emitting a steady red signal, the public safety of vehicle operators and pedestrians alike is impacted, the efficiency of traffic-control and traffic flow efforts are reduced, and the number of serious accidents to which public safety agencies must respond at the expense of the taxpayers is increased.
(b) 
A violation under this division occurs when a motor vehicle, facing only a steady red signal displayed by an electrically operated traffic-control signal, fails to stop at a clearly marked stop line and, if not turning, remains standing until an indication to proceed is shown. In absence of a stop line, the vehicle must stop before entering the crosswalk on the near side of the intersection. After stopping, standing until the intersection may be entered safely, and yielding the right-of-way to pedestrians lawfully in an adjacent crosswalk and other traffic lawfully using the intersection, the motor vehicle may turn right or may turn left if the intersecting streets are both one-way streets and a left turn is permissible. The owner of the motor vehicle is liable for a violation of this division unless the presumption established under section 22.02.035(f)(3) is rebutted as provided therein or an affirmative defense listed in section 22.02.035(h) is proved.
(c) 
The penalty for committing a violation under this division is a noncriminal 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.
(d) 
The civil penalty for which the owner is liable is as provided in the fee schedule in appendix A of this code.
(e) 
A person who fails to pay a civil penalty within the time allowed in this division is additionally liable for a late payment fee as provided in the fee schedule in appendix A of this code.
(2007 Code, sec. 12.02.033)
(a) 
The department is responsible for the enforcement and administration of this division.
(b) 
All enforcement records, including a recorded image resulting from a photographic traffic enforcement system, are confidential to the extent allowed by state law.
(c) 
To impose a civil penalty under this division, the department, not later than the 30th day after the date the violation is alleged to have occurred, must mail or cause to be mailed a notice of violation to the owner of the motor vehicle liable for the civil penalty. The notice of violation shall be mailed to:
(1) 
The owner’s address as shown 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 analogous to the state department of transportation.
(d) 
A notice of violation must contain the following information:
(1) 
A description of the violation alleged;
(2) 
The 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 registration number displayed on the license plate of the vehicle involved in the violation;
(6) 
A copy of a recorded image of the violation limited solely to a depiction of the area of the registration number displayed on the license plate of the vehicle involved in the violation;
(7) 
The amount of the civil penalty for which the owner is liable;
(8) 
The number of days the person has in which to pay or contest the imposition of the civil penalty and a statement that the person incurs a late penalty if the penalty is not paid or imposition of the penalty is not contested within that period;
(9) 
A statement that the owner of the vehicle in the notice of violation may elect to pay the civil penalty by mail sent to a specified address instead of appearing at the time and place of the administrative adjudication hearing;
(10) 
A statement that a recorded image is evidence in a proceeding for the imposition of a civil penalty;
(11) 
Information explaining to the person:
(A) 
The right to contest the imposition of the civil penalty in an administrative adjudication hearing;
(B) 
The manner and time in which the civil penalty may be contested;
(C) 
Failure to pay the civil penalty or contest liability for the penalty in a timely manner is an admission of liability and a waiver of the person’s right to appeal the imposition of the penalty;
(D) 
Failure to appear at a requested administrative hearing is an admission of liability and constitutes a waiver of the right to appeal under section 22.02.036;
(E) 
Failure to pay the civil penalty in a timely manner may result in the imposition of a late payment fee as provided in the fee schedule in appendix A of this code;
(12) 
A statement that informs the person of the presumption, the evidence required to rebut the presumption and the duty imposed on persons who are in the business of renting or leasing motor vehicles as contained in section 22.02.035(f)(3);
(13) 
A statement that, if the owner of the motor vehicle fails to timely pay the amount of the civil penalty imposed against the owner, an arrest warrant may not be issued for the owner and the imposition of the civil penalty may not be recorded on the owner’s driving records; and
(14) 
Any other information the department deems necessary.
(e) 
No civil penalty may 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 section 544.007(d) of the Texas Transportation Code for the same incident recorded by the photographic traffic signal enforcement system.
(f) 
No notice of violation may be issued if the quality of the image captured by the system is so inferior as to prohibit positive identification of the registration number displayed on the license plate of the vehicle involved in the violation.
(g) 
A notice of violation under this division is presumed to have been received on the 5th day after the date the notice was mailed. All notices will be mailed U.S. first class mail.
(h) 
In lieu of issuing a notice of violation, the department may issue a warning notice to the owner.
(i) 
The city attorney is authorized to file suit to enforce collection of a civil penalty and any other fees or penalties assessed under this division if the person liable fails to remit payment in a timely manner.
(j) 
Failure to pay the civil penalty or contest liability for the penalty in a timely manner is an admission of liability and a waiver of the person’s right to appeal the imposition of the penalty.
(k) 
When a payment of the civil penalty and any late payment fee or other costs is made by a credit or debit card, an additional cost as provided in the fee schedule in appendix A of this code shall be assessed and must be paid. By submitting such a payment, the person consents to the cost being assessed.
(2007 Code, sec. 12.02.034)
(a) 
Request for hearing.
A person who receives a notice of violation under this division may contest the imposition of a civil penalty by filing a written request for an administrative adjudication hearing within the time provided by the notice. The time provided by the notice may not be earlier than the 30th day after the date the notice of violation was mailed.
(b) 
Notification of date and time.
The department will notify the person of the date and time of the hearing within 10 business days of the receipt of the request for an administrative hearing.
(c) 
Hearing officer.
The administrative adjudication hearing will be held before a hearing officer appointed by the city manager. The hearing officer shall have the authority to administer oaths and issue orders compelling the attendance of witnesses and the production of documents to the extent necessary to fulfill the obligations of that office.
(d) 
Assessment of civil penalty.
The civil penalty may 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 subsection (f)(3).
(e) 
Failure to appear.
A person who is found liable after an administrative adjudication hearing or who requests an administrative adjudication and fails to appear at the time and place of the hearing must pay the civil penalty and the costs within 10 days after the date of the hearing.
(f) 
Standard of proof and certain presumptions.
(1) 
The standard of proof at the administrative adjudication hearing is by a preponderance of the evidence.
(2) 
The state department of transportation’s computer-generated record of the registered vehicle owner is prima facie evidence of the contents of the record.
(3) 
(A) 
It is presumed that the registered owner of the motor vehicle depicted in the photograph or digital image taken by the photographic traffic signal enforcement system committed the violation alleged in the notice of violation mailed to the person. If, at the time of the violation, the motor vehicle was owned by a person in the business of selling, renting, or leasing motor vehicles or by a person who was not the person named in the notice of violation, this presumption is rebutted by evidence establishing the vehicle was at that time:
(i) 
Being test-driven by another person;
(ii) 
Being rented or leased by the vehicle’s owner to another person; or
(iii) 
Owned by a person who was not the person named in the notice of violation.
(B) 
The presentation of such evidence must be made by affidavit, through testimony at the administrative adjudication hearing under this section, or by a written declaration under penalty of perjury. The affidavit or written declaration may be submitted by mail to the city at the address specified in the notice of violation.
(C) 
If this presumption is rebutted by the evidence submitted above, a civil penalty may not be imposed on the owner of the vehicle if the owner is in the business of selling, renting, or leasing motor vehicles or the person named in the notice of violation if the vehicle was not owned by that person at the time of the violation.
(D) 
Additionally, if, at the time of the violation, the motor vehicle was owned by a person in the business of renting or leasing motor vehicles and the vehicle was being rented or leased to an individual, the owner of the motor vehicle shall provide to the city the name and address of the individual who was renting or leasing the motor vehicle and a statement of the period during which that individual was renting or leasing the vehicle. The owner shall provide this information not later than the 30th day after the date the notice of violation is received. If the owner provides the required information, it is presumed that the individual renting or leasing the motor vehicle committed the violation and the city may send a notice of violation to that individual at the address provided by the owner of the motor vehicle.
(4) 
The reliability of the photographic traffic-control signal enforcement system used to produce the recorded image of the violation may be attested to in an administrative adjudication 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.
(5) 
An affidavit of an officer or employee of the city that alleges a violation based on an inspection of the applicable recorded image is:
(A) 
Admissible in a proceeding under this division; and
(B) 
Evidence of the facts contained in the affidavit.
(g) 
Right to hearing under certain conditions.
Notwithstanding anything else in this division, a person who fails to timely pay the amount of a civil penalty or fails to timely request an administrative adjudication hearing is entitled to an administrative adjudication hearing if:
(1) 
The person submits a written request for the hearing to the designated hearing officer, accompanied by an affidavit that attests to the date on which the person received the notice of violation; and
(2) 
The written request and affidavit are submitted to the hearing officer within the same number of days after the date the person received the notice of violation as specified under section 22.02.034(d)(8).
(h) 
Affirmative defenses.
The following, if proved by a preponderance of the evidence, are affirmative defenses to liability under this division:
(1) 
The traffic-control signal was not in proper position and sufficiently visible to an ordinarily observant person.
(2) 
The operator of the vehicle was acting in compliance with a lawful order or direction of a police officer.
(3) 
The operator of the vehicle was part of a funeral procession.
(4) 
The operator of the 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 vehicle was being operated as an authorized emergency vehicle under chapter 546 of the Texas Transportation Code and the operator was acting in compliance with that chapter.
(6) 
The vehicle was stolen and was being operated by someone other than the owner of the vehicle and without the owner’s effective consent and the owner has filed an official report of the incident with the appropriate law enforcement agency.
(7) 
The license plate depicted in the recorded image of the violation was stolen and being displayed on a vehicle other than the vehicle for which it was issued and the owner has filed an official report of the incident with the appropriate law enforcement agency.
(8) 
The vehicle was leased or rented under a written contract and the leasing or rental company provides the affidavit, testimony or declaration as required by in subsection (f)(3).
(9) 
The person who received the notice of violation was not the owner of the vehicle at the time of the violation and the person who received the notice provides the affidavit, testimony or declaration as required by subsection (f)(3).
(10) 
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 section 544.007(d) of the Texas Transportation Code recorded by the photographic traffic enforcement system.
(i) 
Finding of hearing officer.
(1) 
At the conclusion of the administrative adjudication hearing, the hearing officer shall enter a finding of liability for the civil penalty or a finding of no liability for the civil penalty. A finding under this subsection must be in writing and be signed and dated by the hearing officer.
(2) 
A finding of liability for a civil penalty must specify the amount of the civil penalty for which the person is liable. If the hearing officer enters a finding of no liability, a civil penalty for the violation may not be imposed against the person.
(3) 
A finding of liability or a finding of no liability entered under this division may:
(A) 
Be filed with the city secretary; and
(B) 
Be recorded on microfilm or microfiche or using data processing techniques.
(j) 
Failure to appear.
Failure to appear at a requested administrative hearing is an admission of liability and constitutes a waiver of the right to appeal under section 22.02.036.
(2007 Code, sec. 12.02.035)
(a) 
The owner of a motor vehicle determined by a hearing officer to be liable for a civil penalty may appeal that determination to a judge by filing an appeal petition with the clerk of the court. The petition must be filed with the city municipal court.
(b) 
The petition must be:
(1) 
Filed before the 31st day after the date on which the administrative adjudication hearing officer entered the finding of liability for the civil penalty; and
(2) 
Accompanied by payment of the costs required by law for the court.
(c) 
The court clerk shall schedule a hearing and notify the owner of the motor vehicle and the department of the date, time, and place of the hearing.
(d) 
An appeal stays enforcement and collection of the civil penalty imposed against the owner of the motor vehicle. The owner shall file a notarized statement of personal financial obligation to perfect the owner’s appeal.
(e) 
An appeal under this division shall be determined by the court by trial de novo.
(f) 
The standard of proof and presumptions established in section 22.02.035(f) and the affirmative defenses established in section 22.02.035(h) apply to the hearing.
(g) 
At the conclusion of the hearing, the judge shall enter a finding of liability for the civil penalty or a finding of no liability for the civil hearing. A finding under this section must be in writing and be signed and dated by the judge.
(h) 
A finding of liability for a civil penalty must specify the amount of the civil penalty for which the person is liable. If the judge enters a finding of no liability, a civil penalty for the violation may not be imposed against the person.
(i) 
A person who is found liable after the hearing must pay the civil penalty and the costs within 10 days after the date of the hearing at the address specified in the notice of violation.
(j) 
A person who files an appeal petition and fails to appear at the scheduled time and place of the hearing thereby admits liability and must pay the civil penalty specified by the judge within 10 days after the scheduled date of the hearing at the address specified in the notice of violation.
(2007 Code, sec. 12.02.036)