Loading...
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 ~--_._~~,~--~-_.,.~-----,._---,-_._....-- ." ._,. -,..-._-_._.._'''..,,---_..,,---~,._._-->---_.._- 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: ~ , ITY SECRETARY