ARTICLE 12.800 AUTOMATED TRAFFIC SIGNAL ENFORCEMENT

Consists of a camera system and vehicle sensor installed to exclusively work in conjunction with an electronically operated traffic-control signal; and

§ 12.802 Imposition of Civil Penalty for Violations.

Is capable of producing at least two recorded images that depict the license plate attached to the front or the rear of a motor vehicle that is not operated in compliance with the instructions of the traffic-control signal.

Recorded Image.

An image recorded by a photographic traffic signal enforcement system that depicts the front or 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 signal enforcement system is directed and in operation.

Traffic-Control Signal.

Has the meaning assigned by Texas Transportation Code, Section 541.304.

(Ordinance 1758-07 adopted 9/18/07)

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 vehicle operators and pedestrians alike, by decreasing the efficiency of traffic-control and traffic-flow efforts, by increasing the number of serious accidents to which public safety agencies must respond at the expense of the taxpayers, and is operated in violation of the instructions of that traffic-control signal.

Except as provided in subsection (c), the owner of a motor vehicle is liable for a civil penalty of seventy-five dollars ($75.00) if, while facing only a steady red signal displayed by an electronically operated traffic-control signal located in the city, the vehicle is operated in violation of the instructions of that traffic-control signal, as specified by Texas Transportation Code, Section 544.007(d).

§ 12.803 Traffic Engineering Study and Reports; Citizen Advisory Committee.

A person who fails to timely contest or pay the civil penalty shall be subject to a late payment penalty of twenty-five dollars ($25.00).

(Ordinance 1758-07 adopted 9/18/07)

Before installing a photographic traffic signal enforcement system at an intersection approach, the city shall conduct a traffic engineering study of the approach to determine whether, in addition to or as an alternative to the system, a design change to the approach or a change in the signalization of the intersection is likely to reduce the number of red light violations at the intersection.

An intersection approach must be selected for the installation of a photographic traffic signal enforcement system based on traffic volume, the history of accidents at the approach, the number or frequency of red light violations at the intersection, and similar traffic engineering and safety criteria, without regard to the ethnic or socioeconomic characteristics of the area in which the approach is located.

A citizen advisory committee shall be formed, consisting of one person appointed by each member of the city council. The city shall report the results of the traffic engineering study to this advisory committee and the committee shall advise the city on the installation and operation of photographic traffic signal enforcement systems.

Before installing a photographic traffic signal enforcement system at an intersection approach, the city shall compile a written report of the number and type of traffic accidents that have occurred at the intersection for a period of at least eighteen (18) months before the date of the report. Not later than six months after the date of the installation of the photographic traffic signal enforcement system at the intersection, the city shall provide a copy of the report to the state department of transportation.

§ 12.805 Enforcement; Notice and Procedures.

After installing a photographic traffic signal enforcement system at an intersection approach, the city shall monitor and annually report to the state department of transportation the number and type of traffic accidents at the intersection to determine whether the system results in a reduction in accidents or a reduction in the severity of accidents. This report must be in writing in the form prescribed by the state department of transportation.

(Ordinance 1758-07 adopted 9/18/07)

§ 12.804 Signs.

The city shall install signs along each roadway that leads to an intersection at which a photographic traffic signal enforcement system is in active use. The signs must be at least one hundred (100) feet from the intersection or located according to standards established in the manual adopted by the state transportation commission under section 544.001 [of the Texas Transportation Code], be easily readable to any operator approaching the intersection, and clearly indicate the presence of a photographic monitoring system that records violations that may result in the issuance of a notice of violation and the imposition of a monetary penalty.

(Ordinance 1758-07 adopted 9/18/07)

The department is responsible for the enforcement and administration of this article.

In order to impose a civil penalty under this article, the department shall mail a notice of violation to the owner of the motor vehicle against whom the city seeks to impose the civil penalty not later than the 30th day after the date the violation is alleged to have occurred to:

The owner’s address as shown on the registration records of the state department of transportation; or

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.

A notice of violation issued under this article shall contain the following:

A description of the violation alleged;

The location of the intersection where the violation occurred;

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 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 payment penalty of $25.00 if the civil penalty is not paid or imposition of the penalty is not contested within that period;

(9)

A statement that the person named in the notice of violation may pay the civil penalty by mail sent to a specified address in lieu of appearing at the time and place of the administrative adjudication hearing;

(10)

Information that informs the owner of the vehicle named in the notice of violation:

(A)

Of the owner’s right to contest the imposition of the civil penalty against the person in an administrative adjudication hearing;

(B)

That imposition of the civil penalty may be contested by submitting a written request for an administrative adjudication hearing before the expiration of the period specified under subsection (8); and

(C)

That failure to pay the civil penalty or to contest liability for the penalty in a timely manner is an admission of liability and a waiver of the owner’s right to appeal the imposition of the civil penalty;

(11)

A statement that a recorded image is evidence in a proceeding for the imposition of a civil penalty; and

(12)

Any other information deemed necessary by the department.

A notice of violation under this article is presumed to have been received on the fifth (5th) day after the date the notice of violation is mailed.

In lieu of issuing a notice of violation, the department may mail a warning notice to the owner.

(Ordinance 1758-07 adopted 9/18/07)

§ 12.806 Presumption.

It is presumed that the owner of the motor vehicle committed the violation alleged in the notice of violation mailed to the person if the motor vehicle depicted in a photograph or digital image taken by a photographic traffic signal enforcement system belongs to the owner of the motor vehicle.

If, at the time of the violation alleged in the notice of violation, the motor vehicle depicted in a photograph or digital image taken by a photographic traffic signal enforcement system 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, the presumption under subsection (a) is rebutted on the presentation of evidence establishing that the vehicle was at the time:

Being test driven by another person;

Being rented or leased by the vehicle’s owner to another person; or

Owned by a person who was not the person named in the notice of violation.

Notwithstanding Section 12.805, the presentation of evidence under subsection (b) above by a person who is in the business of selling, renting, or leasing motor vehicles or did not own the vehicle at the time of the violation must be made by affidavit, through testimony at the administrative adjudication hearing under Section 12.807, or by a written declaration under penalty of perjury. The affidavit or written declaration may be submitted by mail to the city or the entity with which the city contracts to administer and/or enforce the photographic traffic signal enforcement system.

If the presumption established by subsection (a) is rebutted under subsection (b), a civil penalty may not be imposed on the owner of the vehicle or the person named in the notice of violation, as applicable.

§ 12.807 Administrative Adjudication Hearing.

If, at the time of the violation alleged in the notice of violation, the motor vehicle depicted in the photograph or digital image taken by the photographic traffic signal enforcement system 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 or the entity with which the city contracts to administer and/or enforce the photographic traffic signal enforcement system the name and address of the individual who was renting or leasing the motor vehicle depicted in the photograph or digital image and a statement of the period during which that individual was renting or leasing the vehicle. The owner shall provide the information required by this subsection not later than the thirtieth (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 alleged in the notice of violation and the city or contractor may send a notice of violation to that individual at the address provided by the owner of the motor vehicle.

(Ordinance 1758-07 adopted 9/18/07)

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 thirty (30) days after the date the violation was mailed. Upon receipt of a timely request, the department shall notify the person of the date and time of the hearing on the administrative adjudication, which shall be held within thirty (30) days upon the receipt of the request. The administrative adjudication hearing shall be held before a hearing officer appointed by the city manager. Said hearing officer shall have the authority to administer oaths and issue orders compelling the attendance of witnesses and the production of documents.

A person who fails to pay the civil penalty or to contest liability for the penalty in a timely manner or who requests an administrative adjudication hearing to contest the imposition of the civil penalty against the person and fails to appear at that hearing is considered to:

Admit liability for the full amount of the civil penalty stated in the notice of violation mailed to the person; and

Waive the person’s right to appeal the imposition of the civil penalty.

The civil penalty shall not be imposed against the person if after a hearing, the hearing officer enters a finding of no liability.

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 motor vehicle involved in 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 article and is evidence of the facts contained in the affidavit.

A person who is found liable for a civil penalty after an administrative adjudication hearing shall pay the civil penalty within ten (10) days of the hearing.

(f)

It shall be an affirmative defense to liability under this article, to be proven by a preponderance of the evidence, that:

The traffic-control signal was not in proper position and sufficiently legible to an ordinarily observant person;

The operator of the motor vehicle was acting in compliance with the lawful order or direction of a police officer;

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 Chapter 546 of the Texas Transportation Code and that the operator was acting in compliance with that chapter;

(5)

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;

(6)

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 had been issued; or

(7)

The presence of ice, snow, unusual amounts of rain or other unusually hazardous road conditions existed that would make compliance with this article more dangerous under the circumstances than noncompliance.

(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 article to the contrary, a person who receives a notice of violation under this article and who fails to pay the amount of a civil penalty or to timely request an administrative adjudication hearing is entitled to an administrative adjudication hearing if:

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

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 12.805(c)(8).

(Ordinance 1758-07 adopted 9/18/07)

§ 12.808 Order.

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.

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.

A finding of liability or a finding of no liability entered under this section may:

Be filed with the clerk or secretary of the city or with a person designated by the city council; and

Be recorded on microfilm or microfiche or using data processing techniques.

(Ordinance 1758-07 adopted 9/18/07)

§ 12.809 Appeal.

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’s municipal court.

The petition must be filed before the 31st day after the date on which the administrative adjudication hearing officer entered the finding of liability for the civil penalty.

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.

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.

§ 12.810 Effect of Liability; Exclusion of Civil Remedy; Enforcement.

An appeal under this section shall be determined by the court by trial de novo.

(Ordinance 1758-07 adopted 9/18/07)

The imposition of a civil penalty under this article is not a conviction and may not be considered a conviction for any purpose.

The implementation of a photographic traffic signal enforcement system by the city under this article does not prohibit a peace officer from arresting a violator of Texas Transportation Code, Section 544.007(d) as provided by Chapter 543 of the Transportation Code, if the peace officer personally witnesses the violation, or from issuing the violator a citation and notice to appear as provided by Chapter 543.

The city may not impose a civil penalty under this article 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 Section 544.007(d) of the Texas Transportation Code recorded by the photographic traffic signal enforcement system.

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 record.

Notice of subsection (d) must be included in the notice of violation required by Section 12.805(c).

(Ordinance 1758-07 adopted 9/18/07)

§ 12.811 Traffic Safety Fund.

Not later than the sixtieth (60th) day after the end of the city’s fiscal year, after deducting amounts the city is authorized by subsection (b) to retain, the city shall:

Send fifty percent (50%) of the revenue derived from civil or administrative penalties collected by the city under this section to the comptroller for deposit to the credit of the regional trauma account established under Section 782.002, Texas Health and Safety Code; and

Deposit the remainder of the revenue in a special account in the city’s treasury that may be used only to fund traffic safety programs, including pedestrian safety programs, public safety programs, intersection improvements, and traffic enforcement.

The city may retain an amount necessary to cover the costs of:

Purchasing or leasing equipment that is part of or used in connection with the photographic traffic signal enforcement system in the city;

Installing the photographic traffic signal enforcement system at sites in the city, including the costs of installing cameras, flashes, computer equipment, loop sensors, detectors, utility lines, data lines, poles and mounts, networking equipment, and associated labor costs;