In this division:
Department.
The department of public safety of the city.
Intersection.
The place or area where two or more streets intersect.
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:
(1) 
Consists of a camera system installed to work in conjunction with an electrically operated traffic-control signal; and
(2) 
Is capable of producing at least two recorded images that depict the license plate attached to the rear of a motor vehicle that is operated in violation of the instructions of the traffic-control signal.
Recorded image.
An image recorded by a photographic traffic monitoring system that depicts the rear of a motor vehicle and is automatically recorded on a photograph or digital image.
System location.
The approach to an intersection toward which a photographic traffic monitoring system is directed and in operation.
This division.
Any of the provisions of this division.
Traffic-control signal.
A traffic-control device that displays alternating red, amber and green lights that direct traffic when to stop at or proceed through an intersection.
(Ordinance 06-11, sec. 1, adopted 11/16/06)
(a) 
The city council finds and determines that a vehicle that proceeds into an intersection when the traffic-control signal for that vehicle’s direction of travel is emitting a steady red signal damages the public by endangering motor vehicle operators and pedestrians alike, by decreasing the efficiency of traffic-control and traffic flow efforts and by increasing the number of vehicle accidents to which public safety agencies must respond at the expense of the taxpayers.
(b) 
Except as provided in subsections (c) and (d) of this section, the owner of a motor vehicle is liable for a civil penalty of $75.00 if the motor vehicle proceeds into an intersection at a system location when the traffic-control signal for that motor vehicle’s direction of travel is emitting a steady red signal.
(c) 
For a third or subsequent violation committed by the owner of the same vehicle during any 12-month period, the amount of the civil penalty shall be $150.00.
(d) 
An owner who fails to timely pay the civil penalty shall be subject to a late payment penalty of $25.00.
(Ordinance 06-11, sec. 1, adopted 11/16/06)
(a) 
The department is responsible for the enforcement and administration of this division.
(b) 
In order to impose a civil penalty under this division, the department shall mail a notice of violation to the owner of the motor vehicle liable for the civil penalty not later than the 30th day after the violation is alleged to have occurred, such notice being sent 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 such other state or country analogous to the Texas department of transportation.
(c) 
A notice of violation issued under this division shall contain the following:
(1) 
A description of the violation alleged;
(2) 
The date, time and location of the violation;
(3) 
A copy of the recorded image of the vehicle involved in the violation;
(4) 
The amount of the civil penalty imposed for the violation;
(5) 
The date by which the civil penalty must be paid;
(6) 
A statement that the person named in the notice of violation may pay the civil penalty in lieu of appearing at an administrative adjudication hearing;
(7) 
Information that informs the person named in the notice of violation:
(A) 
Of the right to contest the imposition of the civil penalty in an administrative adjudication;
(B) 
Of the manner and time in which to contest the imposition of the civil penalty; and
(C) 
That failure to pay the civil penalty or to contest liability is an admission of liability;
(8) 
A statement that a recorded image is evidence in a proceeding for the imposition of a civil penalty;
(9) 
A statement that a failure to pay the civil penalty within the time allowed shall result in the imposition of a late penalty of $25.00;
(10) 
Any other information deemed necessary by the department.
(d) 
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.
(e) 
In lieu of issuing a notice of violation, the department may mail a warning notice to the owner.
(Ordinance 06-11, sec. 1, adopted 11/16/06)
(a) 
A person who receives a notice of violation may contest the imposition of the civil penalty by requesting in writing an administrative adjudication of the civil penalty within 25 days after receipt of the notice of violation. Upon receipt of a timely request, the department shall notify the person of the date and time of the administrative adjudication hearing. The hearing shall be held before a hearing officer appointed by the mayor.
(b) 
Failure to pay a civil penalty or to contest liability in a timely manner is an admission of liability in the full amount of the assessed civil penalty stated in the notice of violation and is a waiver of the right to appear under subsection (i) of this section.
(c) 
The civil penalty shall not be assessed if, after a hearing, the hearing officer enters a finding of no liability.
(d) 
In an administrative adjudication hearing, the issues must be proved at the hearing by a preponderance of the evidence. The reliability of the photographic traffic 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. An affidavit of an officer or employee of the city that alleges a violation based on an inspection of the pertinent recorded image is admissible in a proceeding under this subsection and is evidence of the facts contained in the affidavit.
(e) 
A person who is found liable after an administrative adjudication hearing or who requests an administrative adjudication hearing and thereafter fails to appear at the time and place of the hearing is liable for administrative hearing costs in the amount of $25.00 in addition to the amount of the civil penalty assessed for the violation. A person who is found liable for a civil penalty after an administrative adjudication hearing shall pay the civil penalty and costs within ten days after the hearing.
(f) 
It shall be an affirmative defense to the imposition of a civil penalty under this division, to be proven by a preponderance of the evidence, 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 violated the instructions of the traffic-control signal so as to yield the right-of-way to an immediately approaching authorized emergency vehicle;
(4) 
The motor vehicle was being operated as an authorized emergency vehicle under V.T.C.A. Transportation Code chapter 546 and the operator was acting in compliance with that chapter;
(5) 
The motor vehicle was a stolen vehicle and was being operated by a person other than the owner of the vehicle without the effective consent of the owner;
(6) 
The license plate depicted in the recorded image of the violation was a stolen plate and was being displayed on a motor vehicle other than the motor vehicle for which the plate had been issued;
(7) 
The presence of ice, snow, unusual amounts of rain or other unusually hazardous road conditions existed making compliance with this division more dangerous under the circumstances than noncompliance; or
(8) 
The person who received the notice of violation was not the owner of the motor vehicle at the time of the violation.
(g) 
To demonstrate that at the time of the violation the motor vehicle was a stolen vehicle or the license plate displayed on the motor vehicle was a stolen plate, the owner must submit proof acceptable to the hearing officer that the theft of the vehicle or license plate had been timely reported to the appropriate law enforcement agency.
(h) 
Notwithstanding anything in 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 an administrative adjudication hearing on the violation if:
(1) 
The person files an affidavit with the hearing 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 by section 12.03.033(c)(7)(A) for a hearing to be timely requested but measured from the date the mailed notice was received as stated in the affidavit filed under subsection (1) above, the person requests an administrative adjudication hearing.
(i) 
A person who is found liable after an administrative adjudication hearing may appeal that finding of civil 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 not later than the 31st day after the date on which the hearing officer entered the finding of civil liability. Unless the person, on or before the filing of a notice of appeal, posts a bond in the amount of the civil penalty and any late fees, an appeal does not stay the enforcement of the civil liability. An appeal shall be determined by the municipal court in a trial de novo and the issues must be proved by a preponderance of the evidence. A person found liable by the municipal court shall pay an appellate filing fee of $50.00 in addition to the civil penalty and any other fees due to the city.
(Ordinance 06-11, sec. 1, adopted 11/16/06; Ordinance 07-02, sec. 1, adopted 1/18/07)
(a) 
The hearing officer at any administrative adjudication hearing under this division shall issue an order stating:
(1) 
Whether the person charged with the violation is liable for the violation; and
(2) 
The amount of any civil penalty, late penalty, and administrative adjudication cost assessed against the person.
(b) 
The orders issued under subsection (a) of this section may be filed with the hearing officer, who shall keep the orders in a separate index and file. The orders may be recorded using microfilm, microfiche or data processing techniques.
(Ordinance 06-11, sec. 1, adopted 11/16/06)
(a) 
The imposition of a civil penalty under this division is not a criminal conviction for any purpose.
(b) 
A civil penalty may not be imposed under this division on the owner of a motor vehicle if the operator of the vehicle was arrested or was issued a citation and notice to appear by a peace officer for the same violation of V.T.C.A. Transportation Code section 544.007(d), recorded by the photographic traffic signal enforcement system.
(c) 
An owner who fails to pay the civil penalty or to timely contest liability for the penalty is deemed to admit liability for the full amount of the civil penalty stated in the notice of violation mailed to the person.
(d) 
The city attorney is authorized to file suit to enforce collection of a civil penalty imposed under this division.
(Ordinance 06-11, sec. 1, adopted 11/16/06)
The penalties and fees collected from the imposition of civil liability under this division shall be deposited in the traffic safety fund account of the city, which funds may be expended only for the costs of automated signal enforcement under this division, public traffic or pedestrian safety programs, traffic enforcement and intersection improvements.
(Ordinance 06-11, sec. 1, adopted 11/16/06)