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)