City of Richland Hills, TX Automated Red Light Enforcement

Consists of a camera system installed to work in conjunction with an electrically operated traffic-control signal; and

Is capable of producing a recorded image that depicts the license plate attached to a motor vehicle that is not operated in compliance with the instructions of the traffic-control signal.

Recorded image

means 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

means the approach to an intersection toward which a photographic traffic monitoring system is directed and in operation.

Traffic control signal

shall have the meaning assigned by V.T.C.A., Transportation Code § 541.304.

[Ord. No. 1071-06, § 1, 11-14-2006]

§ 82-201 Imposition of civil penalty for red light violations.

Except as provided in subsections (b), (c) and (d) below, the owner of a motor vehicle is liable for a civil penalty of $75.00 if the motor vehicle, while facing only a steady red signal displayed by an electronically operated traffic control signal located in the City of Richland Hills, Texas, the vehicle is operated in violation of the instructions of that traffic control signal as specified by V.T.C.A., Transportation Code § 544.007(d).

A person who fails to timely pay the civil penalty shall be subject to a late payment penalty of $25.00.

A person who pays the amount due by check and whose check is rejected or declined shall be subject to an additional fee of $25.00.

A person who pays the amount due by credit card over the Internet shall be subject to an additional convenience fee of $2.95.

[Ord. No. 1071-06, § 1, 11-14-2006; Ord. No. 1078-07, § 1, 1-23-2007; Ord. No. 1095-07, § 1, 9-11-2007]

§ 82-202 Enforcement; procedures.

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

To implement the photographic traffic signal enforcement system under this article, the city may:

Contract for the administration and enforcement of the system as provided in V.T.C.A., Transportation Code § 707.003(a)(1); and

Install and operate the system or contract for the installation or operation of the system as provided in V.T.C.A., Transportation Code § 707.003(a)(1).

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 liable for the civil penalty not later than the 30th day after the date the violation is alleged to have occurred to:

The owner's home address as shown on the registration records of the Texas Department of Transportation; or

If the vehicle is registered in another state or country, the owner's home address as shown on the motor vehicle registration records of the department or agency of the other state or country analogous to the Texas 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 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 to be imposed for the violation;

(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 civil 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 or via the Internet by going to a specified website address and following the instructions contained thereon instead 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:

Of the right to contest the imposition of the civil penalty in an administrative adjudication;

That imposition of the civil penalty may be contested by submitting a written request for an administrative adjudication hearing before the expiration of the time to contest the imposition of the civil penalty;

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

That failure to pay the civil penalty within the time prescribed without timely contesting liability shall result in the imposition of a late payment fee of $25.00;

That failure to appear at an administrative adjudication hearing after having requested a hearing will constitute an admission of liability and a waiver of the right to appeal the imposition of the civil penalty;

That a finding of liability by a hearing officer in an administrative hearing will result in the imposition of the amount of the civil penalty stated in the notice of violation;

That the failure to timely pay the civil penalty may result in the county assessor-collector or the Texas Department of Transportation to refuse to register a motor vehicle alleged to have been involved in the violation;

That the failure to timely pay the civil penalty will not result in the issuance of an arrest warrant and will not be recorded as a conviction on the owner's driver's record; and

Any other information deemed necessary by the department.

(11)

A statement that the recorded images may be used as evidence against the person in an administrative or civil proceeding for the imposition of a civil penalty; and

(12)

A statement that if the owner is a natural person, and if when the violation occurred, 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 when the violation occurred by providing the name and current home address of the person:

Operating the vehicle at the time and place of the violation; or

Who was the subsequent owner of the motor vehicle, if the ownership of the vehicle was transferred by the owner prior to the time of the violation.

The owner must provide this information under oath either by filing an affidavit with the department on a form provided by the department, or by testifying under oath at an administrative adjudication hearing.

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

(f)

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

[Ord. No. 1071-06, § 1, 11-14-2006; Ord. No. 1078-07, § 1, 1-23-2007; Ord. No. 1095-07, § 2, 9-11-2007]

§ 82-203 Administrative adjudication hearing.

A person who receives a notice of violation may contest the imposition of the civil penalty by delivering to the department a written request for an administrative adjudication hearing within 30 days after the date the notice of violation was mailed. Upon receipt of a timely request, the department shall notify the person of the date and time of the administrative adjudication hearing, which hearing shall be scheduled within 30 days after the date of the department's receipt of the request. The administrative adjudication hearing shall be held before a hearing officer appointed by the city council. Said hearing officer shall have the authority to administer oaths and issue orders compelling the attendance of witnesses and the production of documents.

The civil penalty described in this article shall not be assessed if:

After a hearing, the hearing officer enters a finding of no liability; or

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 82-202(d)(12) or rebuts the presumption of violation as described in section 82-205.

Unless appeal is timely filed with the municipal court, a person who is found liable for a civil penalty after an administrative hearing shall pay the civil penalty within ten days of the hearing or within the time otherwise prescribed by the hearing officer. A person who fails to pay the civil penalty within ten days of the hearing or within the time prescribed by the hearing officer is liable for a late payment fee of $25.00.

In an administrative adjudication hearing and in any appeal therefrom, the issues must be proved 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 or civil proceeding by affidavit of an officer or employee of the city or the entity with whom 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 an administrative or civil proceeding under this article and is evidence of the violation alleged in the notice of violation.

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

The person was operating the motor vehicle in compliance with the lawful order or direction of a police officer, fire fighter or other person authorized by local, state or federal law to direct or control traffic;

The person had no other choice but to violate the instructions of the traffic control signal in order to yield the right-of-way to an immediately approaching authorized emergency vehicle;

The person was operating an emergency vehicle as defined in V.T.C.A., Transportation Code ch. 546, and that the person was acting in compliance with that chapter;

(4)

The license plate depicted in the recorded image was a stolen plate and being displayed on a motor vehicle other than the motor vehicle for which the plate had been issued;

(5)

At the time of the violation, and if the owner is a natural person, the vehicle was being operated by a person other than the owner of the vehicle and the owner, in the proceeding, provides the name and current home address of the person who was operating the vehicle at the time and place of the violation;

(6)

The person rebuts the presumption of the commission of the violation in accordance with subsection 82-205(b) of this article and, if applicable, complies with the requirements of subsection 82-205(e) of this article; and

(7)

The person was arrested or issued a citation and notice to appear by a peace officer for a violation of V.T.C.A., Transportation Code § 544.007(d), which was recorded by the photographic traffic signal enforcement system.

(f)

To demonstrate that at the time of the violation the motor vehicle was stolen or that the license plate displayed on the vehicle was stolen, the owner must submit proof acceptable to the hearing officer that the theft of the vehicle or license plate was reported to the appropriate law enforcement agency.

(g)

In the event that the owner submits the proof described in subsection 82-202(d)(12) or in the event that the owner establishes the affirmative defense described in subsection 82-203(e)(5) or rebuts the presumption of violation as described in section 82-205, the department may issue a notice of violation to the person alleged by the owner to have been driving the motor vehicle at the time of the violation within 30 days of the department's receipt of the proof described in subsections 82-202(d)(12) and 82-205(b) or within 30 days of the hearing at which the owner established the affirmative defense described in subsection 82-203(e)(5).

(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 the civil penalty or to timely request an administrative adjudication hearing is nonetheless 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 30 days after the person received the notice of violation.

[Ord. No. 1071-06, § 1, 11-14-2006; Ord. No. 1078-07, §§ 6, 7, 1-23-2007; Ord. No. 1095-07, § 3, 9-11-2007]

§ 82-203.1 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 city's municipal court, accompanied by the payment of the costs required by law for the court, on or before the 31st day after the date on which the hearing officer entered the finding of liability for the civil penalty.

The municipal 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 until the matter is adjudicated by the municipal court. The owner shall file a notarized statement of personal financial obligation to perfect the owner's appeal.

An appeal under this section shall be determined by the court by trial de novo. All evidence submitted at the administrative hearing shall be and any additional relevant evidence may be admitted in the trial.

[Ord. No. 1095-07, § 4, 9-11-2007]

§ 82-204 Order.

The hearing officer at the conclusion of any administrative adjudication hearing under this article shall issue an order stating:

Whether the person charged with the violation is liable for the violation; and

The amount of any penalty, cost, or fee assessed against the person.

The orders issued under subsection (a) must be signed and dated by the hearing officer and may be filed with the city secretary who shall keep the orders in a separate index and file. The orders may be recorded using microfilm, microfiche, or data processing techniques.

[Ord. No. 1071-06, § 1, 11-14-2006; Ord. No. 1095-07, § 5, 9-11-2007]

§ 82-205 Presumptions.

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 82-203, the presentation of evidence under subsection (b) 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 82-203, 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 under subsection 82-202(b) of this article.

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.

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 under subsection 82-202(b) of this article 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 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.

[Ord. No. 1071-06, § 1, 11-14-2006; Ord. No. 1095-07, § 6, 9-11-2007]

§ 82-206 Effect of liability; exclusion of civil remedy.

The imposition of a civil penalty under this article is not a criminal conviction for any purpose. The failure to pay a civil penalty may not be reported to a credit bureau as defined by V.T.C.A., Finance Code § 392.001.

A civil penalty may not be imposed 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 a violation of V.T.C.A., Transportation Code § 544.007(d).

Failure to pay the civil penalty or to contest liability in a timely manner constitutes an admission of liability in the full amount of the civil penalty and late payment fee stated in the notice of violation and a waiver of the right to appeal the imposition of such civil penalty and late payment fee. The failure to appear at an administrative adjudication hearing after having requested a hearing in a timely manner constitutes an admission of liability in the full amount of the civil penalty and late payment fee stated in the notice of violation and a waiver of the right to appeal the imposition of such civil penalty and late payment fee.

[Ord. No. 1071-06, § 1, 11-14-2006; Ord. No. 1095-07, § 7, 9-11-2007]

§ 82-207 Enforcement.

The city attorney is authorized to file suit to enforce collection of any civil penalties and late fees assessed under this article.

[Ord. No. 1071-06, § 1, 11-14-2006; Ord. No. 1095-07, § 8, 9-11-2007]

§ 82-208 Traffic safety fund.

Not later than the 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 50 percent 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 V.T.C.A., Health and Safety Code § 782.002; 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;

Operating the photographic traffic signal enforcement system in the city, including the costs of creating, distributing, and delivering violation notices, review of violations conducted by city employees, the processing of fine payments and collections, and the costs associated with administrative adjudications and appeals; and

(4)

Maintaining the general upkeep and functioning of the photographic traffic signal enforcement system.

[Ord. No. 1071-06, § 1, 11-14-2006; Ord. No. 1095-07, § 9, 9-11-2007]

§ 82-209 Citizen advisory committee.

The city council shall appoint a citizen advisory committee consisting of one person appointed by each councilmember. The five members shall be the five members of the crime prevention advisory board who hold designated places numbered 1a through 5a, and shall serve terms corresponding to the term of office of the councilmember making the appointment. The committee shall advise the city council on the installation and operation of the photographic traffic signal enforcement systems installed within the city limits. The committee shall not have any authority over the photographic traffic signal enforcement systems other than to make recommendations to the city council with respect to decisions concerning such systems.

[Ord. No. 1095-07, § 10, 9-11-2007]

§ 82-210 Procedures for creation of photographic traffic signal enforcement systems.

Before installing a photographic traffic signal enforcement system at an intersection approach, the city shall conduct or cause to be conducted 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.

The city shall report the results of the traffic engineering study described in subsection (a) to the citizen advisory committee appointed by the city council pursuant to section 82-209.

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

The city may not impose the civil penalty described in section 82-201(a) on an owner of a motor vehicle if it does not first comply with the requirements of subsections (a) and (b) above. However, the failure of the city to comply with the requirements of subsections (a) and (b) above with respect to one intersection shall not prevent the city from imposing said civil penalty on the owner of a motor vehicle for a violation occurring at a different intersection.