ARTICLE XVI AUTOMATED TRAFFIC SIGNAL ENFORCEMENT

The owner of a motor vehicle as shown on the motor vehicle registration records of the Texas Department of Transportation or the analogous department or agency of another state or country; or

The person named under subsection 21-207(d) as the lessee of the motor vehicle at the time of the civil red light violation; or

Photographic traffic signal enforcement system

The person named under subsection 21-207(f) as holding legal title to the motor vehicle at the time of the red light violation.

shall mean a system that:

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

§ 21-202 General authority and duties of the director.

Is capable of producing at least two (2) recorded images that depicts the license plate attached to the rear of 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 mean a traffic control device that displays alternating red, amber, and green lights that directs traffic when to stop at or proceed through an intersection.

(Ordinance 8746, § 1, adopted 1/25/2007; Ordinance 8865, § 1, adopted 9/20/2007)

The director shall implement this article and may by written order establish such rules or regulations, not inconsistent with this article, as the director determines are necessary to discharge the director's duties under or to effect the policy of this article.

(Ordinance 8746, § 1, adopted 1/25/2007; Ordinance 8865, § 1, adopted 9/20/2007)

§ 21-203 Enforcement officers—Powers, duties, and functions.

The city manager or a designated representative shall appoint enforcement officers to issue civil red light citations.

An enforcement officer shall have the following powers, duties, and functions:

To conduct a review of the recorded images before a civil red light citation is issued, in order to determine if a civil red light violation occurred.

To order a civil red light citation to be issued based on evidence from recorded images.

To decide that a violation should not be pursued due to a lack of evidence or due to knowledge that a defense described in section 21-207 applies.

To make findings as to whether or not a violation occurred.

§ 21-204 Hearing officers—Powers, duties, and functions.

To issue warnings in lieu of citations during acceptance testing of photographic traffic signal enforcement system or at any other time prescribed by the director.

(Ordinance 8746, § 1, adopted 1/25/2007; Ordinance 8865, § 1, adopted 9/20/2007)

Hearing officers shall be appointed by the city manager, or a designated representative, to administratively adjudicate all civil red light violations for which a civil red light citation has been issued.

A hearing officer shall have the following powers, duties, and functions:

To administer oaths.

To hear and determine contests of civil red light violations under this article.

To issue orders compelling the attendance of witnesses and the production of documents, which orders may be enforced by a municipal court.

To accept an admission of liability.

To assess civil fines, penalties, and other costs for a civil red light violation in accordance with section 21-205 of this article.

(6)

To waive penalties assessed for a civil red light violation in accordance with section 21-205 of this article.

§ 21-205 Imposition of civil penalty for violations.

A contest of a civil red light violation would be open to the public in the same manner as a court case would be.

(Ordinance 8746, § 1, adopted 1/25/2007; Ordinance 8865, § 1, adopted 9/20/2007)

The city council finds and determines that a vehicle facing only a steady red signal displayed by an electrically operated traffic-control signal, and the vehicle is operated in violation of instructions of the traffic-control signals, as specified by § 544.007(d), Texas Transportation Code, harms 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 serious accidents to which public safety agencies must respond at the expense of the taxpayers.

The owner of a motor vehicle is liable for a civil penalty of seventy-five dollars ($75.00) if the motor vehicle proceeds into an intersection when the traffic control signal for that motor vehicle's direction of travel is emitting a steady red signal.

An owner who fails to pay the civil penalty, or to contest liability not later than thirty (30) days from mailing the notice of violation, is an admission of liability and waiver of the right to appeal and shall be subject to a late penalty of twenty-five dollars ($25.00).

An owner who fails to pay the civil penalty imposed by an administrative adjudication hearing officer, or contest the determination of the administrative adjudication hearing officer not later than thirty (30) days from that determination, shall be subject to a late penalty of twenty-five dollars ($25.00).

(Ordinance 8746, § 1, adopted 1/25/2007; Ordinance 8865, § 1, adopted 9/20/2007)

§ 21-206 Enforcement; procedures.

The department is responsible for the administration of this article.

If, after review by an enforcement officer, there is a decision to pursue administrative remedies for a civil red light violation, a notice of violation shall be mailed to the owner of the motor vehicle involved in the violation. The notice shall be mailed not later than the thirtieth day from the date of the violation. The notice will be sent to:

The owner's 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 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; or

If the owner is the person named as the lessee of the vehicle at the time of the civil red light violation, the address provided by the lessor under subsection 21-207(d), or

If the owner is the person named as having legal title to the vehicle at the time of the civil red light violation, the address provided under subsection 21-207(f).

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

A description of the violation alleged;

The date, time, and location of the violation;

The name and address of the registered owner, and registration number displayed on the license plate;

A copy of a recorded image of the vehicle involved in the violation;

The amount of the civil penalty to be imposed for the violation;

(6)

The date by which the civil penalty must be paid;

(7)

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 an administrative adjudication hearing;

(8)

Information that informs the person named in the notice of violation:

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

Of the manner and time in which to contest the imposition of the civil penalty; and

That failure to pay the civil penalty or to contest liability is an admission of liability, and waiver of the right to appeal; and

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

A statement that failure to pay or contest the civil penalty within the time allowed shall result in the imposition of a late penalty of twenty-five dollars ($25.00); and

An arrest warrant may not be issued to the owner; and

The imposition of the civil penalty may not be recorded on the owner's driving record; and

(9)

Any other information deemed necessary by the department.

§ 21-207 Red light violations as civil offenses; defenses; presumptions.

A notice of violation under this article is presumed to have been received on the fifth calendar 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 8746, § 1, adopted 1/25/2007; Ordinance 8865, § 1, adopted 9/20/2007)

The owner of a motor vehicle that proceeds into a camera-enforced intersection when the traffic signal for that vehicle's direction of travel is emitting a steady red signal commits a civil offense and is liable for a civil fine under this article.

It is an affirmative defense to a charge of a civil red light violation under this section that:

The traffic signal was not in proper position or was not sufficiently visible to an ordinarily observant person;

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

The operator of the motor vehicle was lawfully making a right turn while a red signal was being emitted from the traffic signal;

The operator of the motor vehicle was lawfully making a left turn from a one-way street onto another one-way street while a red signal was being emitted from the traffic signal;

The operator of the motor vehicle was completing a left turn after having entered the intersection before a red signal was emitted from the traffic signal;

(6)

The operator of the motor vehicle violated the instructions of the traffic signal in order to yield the right-of-way to an immediately approaching authorized emergency vehicle;

(7)

The motor vehicle was being operated as an authorized emergency vehicle under Chapter 546, Texas Transportation Code;

(8)

The motor vehicle was a stolen vehicle being operated by a person other than the vehicle's owner without the consent of the vehicle owner and proof is submitted to the hearing officer that the theft of the motor vehicle had been timely reported to the appropriate law enforcement agency;

(9)

The license plate depicted in the recorded image of the civil red light violation was a stolen plate being displayed on a motor vehicle other than the motor vehicle for which the plate had been issued and proof is submitted to the hearing officer that the theft of the license plate had been timely reported to the appropriate law enforcement agency;

(10)

The presence of ice, snow, unusual amount of rain, or other unusually hazardous road conditions exist that would have made compliance with this section more dangerous under the circumstances than non-compliance; or

(11)

The person who received the civil red light citation did not hold legal title to the motor vehicle, and was not a lessee of the vehicle at the time of the civil red light violation and proof is submitted to the hearing officer.

It is presumed that the registered owner of the vehicle for which a civil red light citation is issued is the person who committed the civil red light violation. Proof of ownership may be shown by a computer-generated record of the registration of the vehicle with the Texas Department of Transportation showing the name of the person to whom state license plates were issued. This proof is prima facie evidence of ownership of the vehicle by the person to whom the certification of registration was issued.

A vehicle owner who is engaged in the business of renting or leasing vehicles under written rental or leasing agreements will not be liable for the civil red light fines, penalties, and costs imposed by the city on a rented or leased vehicle if, not later than the thirtieth day after receiving a civil red light citation, the vehicle owner provides in affidavit form:

The true name, address, and driver's license number and state of issuance of the person in possession of the vehicle at the time the photographic image of the civil red light violation was recorded; and

A certified copy of the lease or rental agreement in effect at the time of the photographic image of the civil red light violation was recorded.

(e)

If the lessor of a vehicle complies with subsection (d), the director shall send the civil red light citation to the person named under subsection (d)(1) or (d)(2). The lessor of a vehicle who fails to comply with subsection (d) will be liable for the civil red light violation fines, penalties, and cost imposed by the city.

(f)

A vehicle owner who did not hold legal title to the motor vehicle at the time of a civil red light violation will not be liable for the civil red light fines, penalties, and costs imposed by the city if, not later than the thirtieth day after receiving a civil red light citation, the owner provides in affidavit form:

The true name, address, and driver's license number and state of issuance of the person who held legal title to the vehicle at the time the photographic image of the civil red light violation was recorded; and

§ 21-208 Administrative adjudication hearing.

A certified copy of any purchase or sale documentation (including proof of transfer of title) showing the name in which the title of the vehicle was held at the time the photographic image of the civil red light violation was recorded.

(g)

If the vehicle owner complies with subsection (f), the director may send the civil red light citation to the person named under subsection (f)(1) or (f)(2). A vehicle owner who fails to comply with subsection (f) will be treated as the vehicle owner and will liable for the civil red light violation fines, penalties, and cost imposed by the city.

(Ordinance 8746, § 1, adopted 1/25/2007; Ordinance 8865, § 1, adopted 9/20/2007)

A person who received a notice of violation may contest the imposition of the civil penalty by requesting in writing an administrative adjudication hearing within thirty (30) days after 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. The administrative adjudication hearing shall be held before a hearing officer appointed by the city manager.

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 civil penalty assessed in the notice of violation, and is a waiver of the right to appeal under section 21-205.

The civil penalty shall not be assessed 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 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.

(e)

A person who is found liable for a civil penalty after an administrative adjudication hearing shall pay the civil penalty within thirty (30) days of the hearing.

(f)

Notwithstanding anything in this article 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:

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

Within the same period required by section 21-206 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 (f)(1), the person requests an administrative adjudication hearing.

(g)

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 thirtieth day after the date on which the administrative adjudication hearing officer entered the finding of civil liability, and must be accompanied by payment of the costs required by the law for the court, and a notarized statement of personal financial obligation. If these three (3) items are not filed, the appeal is not perfected, and does not stay enforcement of the civil penalty. An appeal shall be determined by the municipal court by trial de novo. The affidavits submitted under section 21-208 shall be admitted by the municipal judge in the 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 the civil penalty and any other fees due the city.

(Ordinance 8746, § 1, adopted 1/25/2007; Ordinance 8865, § 1, adopted 9/20/2007)

§ 21-209 Order.

The hearing officer at 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 civil penalty, late penalty, and administrative adjudication cost assessed against the person.

§ 21-210 Effect of liability; exclusion of civil remedy.

The orders issued under subsection (a) shall be filed with the office of the hearing officer. The hearing officer shall keep the orders in a separate index and file. The orders may be recorded using microfilm, microfiche, or data processing techniques.

(Ordinance 8746, § 1, adopted 1/25/2007; Ordinance 8865, § 1, adopted 9/20/2007)

The imposition of a civil penalty under this article is not a criminal conviction for any purpose.

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 the same violation recorded by the photographic traffic signal enforcement system and prosecuted under § 544.007(d), Texas Transportation Code.

An owner who fails to pay the civil penalty or to timely contest liability for the penalty is considered to admit liability for the full amount of the civil penalty stated in the notice of violation mailed to the person.