HomeMy WebLinkAboutOrdinance No. 07/30 Automated Traffic Signal Enforcement
ORDINANCE NO. 07/30
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY
PARK, BY AMENDING ARTICLE 10.1600A "AUTOMATED TRAFFIC SIGNAL
ENFORCEMENT"; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR THE IMPOSITION OF CIVIL
PENAL TIES; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
UNIVERSITY PARK, TEXAS:
SECTION 1. That the Code of Ordinances of the City of University Park, Texas,
IS hereby amended by amending Article I0.1600A "Automated Traffic Signal
Enforcement" to read as follows:
"ARTICLE 10.1600A AUTOMATED TRAFFIC SIGNAL
ENFORCEMENT
Sec.lO.1601A
Definitions.
In this Article:
(I) Department shall mean the Police Department of the City of
University Park, Texas.
(2) Intersection shall mean the place or area where two or more streets
intersect.
(3) Owner shall mean 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.
(4) Photographic Traffic Signal Enforcement System shall mean a
system that:
(a) consists of a camera system installed to work in
conjunction with an electrically operated traffic-control
signal; and
(b) is capable of producing at least two recorded images that
depict 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.
(5) Recorded Image means an image recorded by a photographic
traffic monitoring system that depicts the front or rear of a motor
vehicle and is automatically recorded on a photograph or digital
Image.
(6) System Location means the approach to an intersection toward
which a photographic traffic monitoring system is directed and in
operation.
(7) Trqlfic 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 and has the
meaning assigned by the Texas Transportation Code, Section
541.304.
Sec. 10.1602A
Imposition of Civil Penalty for Violations.
(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 health, safety, and general welfare
of the City 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.
(b) Except as provided in (c) and (d) below, the owner of a motor vehicle is
liable for a civil penalty of seventy-five dollars ($75) 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) An owner who fails to timely pay the civil penalty shall be subject to a late
payment penalty of twenty-five dollars ($25).
Sec. 1O.1603A
Enforcement; procedures.
(a) The Department is responsible for the enforcement and administration of
this Article.
(b) 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:
(1) the owner's address as shown on the registration records of the
Texas 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
Texas Department of Transportation.
(c) A notice of violation issued under this Article shall contain the following:
(I) a description of the violation alleged;
(2) the date, time, and location of the violation;
(3) the location of the intersection where violation occurred;
(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 payor contest the
imposition of the civil penalty and a statement that the person
incurs a late payment penalty of the $25.00 if the civil penalty is
not paid or imposition of the penalty is not contested within the
period;
(9) 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;
(10) information that informs the person named III the notice of
violation:
(A) of the right to contest the imposition of the civil penalty in
an administrative adjudication;
(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 is an admission of liability and a waiver of the
owner's right to appeal the imposition of the civil penalty;
and
(11) a statement that a recorded image is evidence in a proceeding for
the imposition of a civil penalty;
(12) any other information deemed necessary by the department.
(d) A notice of violation under this Article is presumed to have been received
on the 5th 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.
Section 10.1604A
Presumption
(a) 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.
(b) 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 at the
time was~
(1) being test driven by another person;
(2) being rented or leased by the vehicle's owner to another person, or
(3) owned by a person who was not the person named in the notice of
violation.
(c) Notwithstanding Section 1O.1604A, 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 hearing under
Section 10.1604A, or by written declaration under penalty of perjury. The
affidavit or written declaration may be submitted via mail to the City or the
entity with which the City contracts under Section 10.1607 A.
(d) 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.
(e) 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 of the
entity with which the City contracts under Section 10.1607 A 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 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 n 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.
Sec. 10.1604B
Administrative adjudication hearing.
(a) A person who receives a notice of violation may contest the imposition of
the civil penalty by request in writing an administrative adjudication of the
civil penalty within thirty (30) 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 hearing on the administrative adjudication. Said hearing
officer shall have the authority to administer oaths and issue orders
compelling the attendance of witnesses and the production of documents. The
administrative adjudication hearing shall be held before a hearing officer
appointed by the City Manager.
(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 civil penalty assessed in the
notice of violation.
(1) admit liability for the full amount of the civil penalty stated in the
notice of violation mailed to the person' and
(2) waive the person's right to appeal the imposition of civil penalty.
(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
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 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 10 days of the hearing.
(f) It shall be an affirmative defense to the imposition of civil liability under
this Article, 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 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 non-
compliance.
(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 Article to the contrary, a person received
a notice of violation under this article and 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 this Article for a hearing to be
timely requested but measured from the date the mailed notice was
received as stated in the affidavit filed under Subdivision (1), the
person requests an administrative adjudication hearing.
Sec. 10.1605A
Order.
(a) The hearing officer at any administrative adjudication hearing under this
Article shall issue an order stating:
(I) 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) may be filed with the office of the
hearing examiner. The hearing examiner shall keep the orders in a separate
index and file. The orders may be recorded using microfilm, microfiche, or
data processing techniques.
Sec. 10.1606A
Appeal.
(a) The owner of a motor vehicle determined by a hearing officer to be liable
for a 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
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municipal court.
(b) The petition must be filed before the 31 st day after the date on which the
administrative adjudication hearing officer entered the finding of liability for
the civil penalty.
(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 section shall be determined by the court of trial de
novo.
Sec.lO.1607A
Effect of liability; exclusion of civil remedy.
(a) The imposition of a civil penalty under this Article is not a conviction and
may not be considered a conviction for any purpose.
(b) 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.
(c) 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 544.004(d) of the Texas Transportation Code recorded by the
photographic traffic signal enforcement system.
(d) If the owner of the motor vehicle fails to timely pay the amount of the civil
penalty imposed against the owner:
(1) an arrest warrant may not be issued for the owner; and
(2) the imposition of the civil penalty may not be recorded on the owner's
driving record.
(e) Notice under Subsection (d) must be included in the notice of violation
required by Section IO.l603A.
Sec.lO.1608A
Sec. 12-268. Traffic Safety Fund.
(a) 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:
(1) 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 Section 782.002,
Texas Health and Safety Code; and
(2) 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.
(b) The City may retain an amount necessary to cover the costs of:
(1) purchasing or leasing equipment that is part of or used in connection
with the photographic traffic signal enforcement system in the City;
(2) 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;
(3) 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.
Sec.lO.1609A
Reporting.
(a) After September 1, 2007 and 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 18 months before the date of the report.
(b) For any photographic traffic signal enforcement system installed at an
intersection after September 1, 2007, not later than six months after the date of the
installation, the city shall provide the Texas Department of Transportation a copy
of the report required by subsection (a) of this Section.
(c) Beginning on January I, 2008, after installing a photographic traffic
signal enforcement system at an intersection approach, the city shall monitor and
annually report to the Texas 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."
SECTION 2. That all provisions of the Code of Ordinances of the City of
University Park in conflict with the provisions of this ordinance are hereby repealed.
SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or
section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the
same shall not affect the validity of this ordinance as a whole, or any part or provision
thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall
not affect the validity of the Code of Ordinances as a whole.
SECTION 4. This ordinance shall take effect immediately from and after its
passage, and the publication of the caption, as the law and charter in such cases provide.
DUL Y PASSED by the City Council of the City of University Park, Texas, on
the 28th day of August 2007.
APPROVED:
ATTEST:
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, ITY SECRETARY