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HomeMy Public PortalAboutOrdinance No. 1071-06 11-14-2006 • CITY OF RICHLAND HILLS ORDINANCE NO. 1071-06 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF RICHLAND HILLS, BY AMENDING CHAPTER 82, TO ADD A NEW DIVISION 7 TO ARTICLE III, SUCH AMENDMENT PROVIDING FOR AUTOMATED RED LIGHT ENFORCEMENT; ESTABLISHING A TRAFFIC SAFETY FUND; PROVIDING CRITERIA FOR EXPENDITURES FROM SUCH FUND; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. That the Code of Ordinances of the City of Richland Hills, Texas be and the same is hereby amended by amending Chapter 82, to add a new Division 7 to Article III. Automated Red Light Enforcement, to read as follows: • "Division 7. Automated Red Light Enforcement Sec. 82-200. Definitions. In this division: (I) "Department" shall mean the Police Department of the City of Richland Hills, Texas. (2) "Municipal Court" shall mean the Richland Hills Municipal Court. (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. The term "owner" includes (a) a lessee of a motor vehicle under a lease of 6 months or more, or (b) the lessee of a motor vehicle rented or leased from a motor vehicle rental or leasing company, but does not include the motor vehicle rental or leasing company itself. (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 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. (5) "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. (6) System Location "means the approach to an intersection toward which a photographic traffic monitoring system is directed and in operation. (7) "Traffic Control SignaP' shall have the meaning assigned by Section 541.304 of the Texas Transportation Code, as amended. Sec. 82-201. Imposition of Civil Penalty for Red Light Violations. (a) Except as provided in (b) and (c) below the owner of a motor vehicle is liable for a civil penalty of $75.00 if the motor vehicle proceeds into an intersection at a system location when the traffic control signal for that vehicle's direction of travel is emitting a steady red signal. (b) For a third or subsequent violation committed by the same owner of a motor vehicle during any 12-month period, the amount of the civil penalty shall be $100.00. (c) A person who fails to timely pay the civil penalty shall be subject to a late payment penalty of $50.00. Sec. 82-202. 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 home 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 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. • • (c) A notice of violation issued under this article shall contain the following: (1) a description of the violation alleged; (2) the date, time, and location of the violation; (3) a copy of a recorded image of the vehicle involved in the violation; (4) the registration number displayed on the license plate of the vehicle involved in the violation; (5) 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. (6) the amount of the civil penalty to be imposed for the violation; (7) the date and manner by which the civil penalty must be paid; (8) 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; (9) information that informs the person named in the notice of violation: (A) of the right to contest the imposition of the civil penalty in an administrative adjudication; (B) of the manner and time in which to contest the imposition of the civil penalty; and (C) that failure to pay the civil penalty or to contest liability will constitute an admission of liability and a waiver of the right to appeal the imposition of the civil penalty; (D) 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; (E) that failure to appear at an administrative adjudication hearing after having requested a hearing will result in the imposition of the costs of the hearing in the amount of $50.00 and will constitute an admission of liability and a waiver of the right to appeal the imposition of the civil penalty, late-payment fee and hearing costs; (F) that a finding of liability by a hearing officer in an administrative hearing will result in the imposition of the costs of the hearing in the amount of $50.00 in addition to the amount of the civil penalty and late-payment fee stated in the notice of violation; (G) that if the owner of a motor vehicle is delinquent in the payment of three or more civil penalties imposed under this article, the motor vehicle alleged to have been involved in any violations may be impounded or immobilized by placement of an appropriate device on the vehicle until such debt has been paid in full. (H) any other information deemed necessary by the Department. (10) a statement that, if at the time and place of the violation, the vehicle was being operated by a person other than the owner, if the owner is a natural person, the owner may transfer liability for the violation to the person who was operating the vehicle at that time and place if the owner submits to the Department an affidavit, on a form provided by the Department, or under oath at an administrative adjudication hearing, the name and current home address of the person: (A) operating the vehicle at the time and place of the violation; or (B) 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. (d) A notice of violation under this article is presumed to have been received on the tenth 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. Sec. 82-203. Administrative adjudication hearing. (a) 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 of the civil penalty within 15 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 administrative adjudication hearing. The administrative adjudication hearing shall be held before the City Manager or a hearing officer appointed by the City Manager. (b) The civil penalty, late-fees and hearing costs described in this article shall not be assessed i£ (1) after a hearin ,the hearin officer enters a findin of no liabilit • or g g g Y~ (2) within the time prescribed in the notice of violation, the person against whom the civil penalty, late-fees and hearing costs are to be assessed submits the proof described in Section 82-202(10). (c) A person who is found liable 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 an administrative hearing cost in the amount of $50.00 in addition to the amount of the civil penalty and late-fees assessed for the violation. 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, late-fees and hearing costs within 10 days of the hearing or within the time otherwise prescribed by the hearing officer. (d) 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 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 an administrative or civil proceeding under this article and is evidence of the violation alleged in the notice of violation. (e) 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: (1) 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; (2) 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; (3) the person was operating an emergency vehicle as defined in chapter 546 of the Texas Transportation Code and that the person with 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 erson, the p 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; and (6) prior to the time of the violation, the owner transferred title to the motor vehicle described in the notice of violation to another person or entity and the owner, in the proceeding, provides the name and current address of the subsequent owner of the vehicle. (7) the person was arrested or issued a citation and notice to appear by a peace officer for a violation of Section 544.007(d) of the Texas Transportation Code 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 Section 82-202(10) or • in the event that the owner establishes the affirmative defense described in Section 82- 203(e)(5), 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 Section 82-202(10) or within 30 days of the hearing at which the owner established the affirmative defense described in Section 82-203(e)(5). (h) An appeal of a finding of liability following an administrative adjudication hearing may be taken to Municipal Court by filing a notice of appeal with the clerk. of the Municipal Court accompanied by an appellate filing fee of $50.00 not later than the 10th day after the date of the hearing in which the person was found liable for the violation described in the notice of violation. An appeal filed pursuant to this subsection shall stay the enforcement of the civil penalty, late-fees and hearing costs until the matter is adjudicated by the Municipal Court. The appeal shall be determined by the Municipal 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. Sec. 82-204. Order. (a) The hearing officer at any administrative adjudication hearing under this article shall issue an order stating: (1) whether the person charged with the violation is liable for the violation; • and • (2) the amount of any penalty, cost, or fee assessed against the person. (b) The orders issued under subsection (a) may be filed with the city secretary. The city secretary shall keep the orders in a separate index and file. The orders may be recorded using microfilm, microfiche, or data processing techniques. Sec. 82-205. Presumptions. In an administrative adjudication hearing under this article: (1) it is presumed that the registered owner of the vehicle is the person who operated the vehicle at the time and place of the violation; and (2) acomputer-generated record of the registered vehicle owner from the Texas Department of Transportation, or the analogous department or agency of another state or country, is prima facie evidence of the contents of the record. Sec. 82-206. Effect of liability; exclusion of civil remedy. (a) The imposition of a civil penalty under this article is not a criminal conviction for • any purpose. This article is intended to prohibit conduct that is separate and distinct from the conduct prohibited by section 544.007(d) of the Texas Transportation Code. (b) 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 Section 544.007(d) of the Texas Transportation Code recorded by the photographic traffic signal enforcement system. (c) 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, late-payment fee and hearing costs stated in the notice of violation and a waiver of the right to appeal the imposition of such civil penalty, late-payment fee and hearing costs. Sec. 82-207. Enforcement. (a) The City Attorney is authorized to file suit to enforce collection of any civil penalties, late-fees and hearing costs assessed under this article. (b) If the owner of a motor vehicle is delinquent in the payment of three or more civil • penalties imposed under this article, the motor vehicle alleged to have been involved in • any violations may be impounded or immobilized by placement of an appropriate device on the vehicle until such debt has been paid in full." Sec. 82-208. Establishment of Traffic Safety Fund and terms and conditions for expenditure of same. (a) There is hereby established a Traffic Safety Fund into which all the gross collections derived from civil violations of this Division shall be placed. (b) Funds placed in the Traffic Safety Fund may be expended only for the costs of automated signal enforcement under this Division, public traffic or pedestrian safety programs, traffic enforcement and intersection improvements. (c) The Mayor, City Manager, and/or Police Chief, upon approval of the City Council, are hereby authorized to execute a Memorandum of Understanding or other agreement with a private vendor for the provision of equipment and services to assist the City with automated signal enforcement as is authorized by this Division, and the City Manager or the City Manager's designee is authorized to make such payments to such private vendor as are authorized by such Memorandum of Understanding, or other agreement with a private vendor. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of • the Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code 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. The City Secretary of the City of Richland Hills is hereby directed to publish this ordinance to the extent required by law. • SECTION 5. This Ordinance shall take effect immediately from and after its passage, as the law and charter in such cases provide. PASSED AND APPROVED ON THIS 14 DAY OF November ~ 2006. ~'y ' ~ r'^ = HONORABLE DAVI GAN, MAYOR =c~~ I ~n ; A~~TES , ~~~~!t~n n n n SUTTER, CITY SECRETARY EFFECTIVE DATE: 11-17-06 • APPROVE TO FORM AND LEGALITY: ~fiyk TIM G. SRALLA, CITY ATTORNEY INVOICE i~~arto„jy Star-Telegram Customer ID: CIU08 400 W. 7TH STREET Invoice Number: 282137071 FORT WORTH, TX--x§102 - (sj7> 390-7761 Invoice-Date: 3/30/07 • Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 3/31/07 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 28213707 RICHLAND HILLS, TX 76118-6237 Sales Rep: 073 Description: AN ORDINANCE O Attn BARBARA . WRIGHT Publication Date: 3/30/07 Dcscriptiou Location Col Dcpth Linage i~lU Rate ~~inount AN ORDINANCE OF AN ORDINANCE O, RICHLArvoTM HILL°sF I3580 1 69 69 LINE $0.53 $36.57 1 TEXAS, AMENDING'-' TERI82EDI~ISIONP OF THE CODE OF ORDINANCES OF THE CITY OF RICHLAND HILLS TC Net AIIlOUnt: $36.57 CLARIFY A PER SON'S RIGHTS AND LIABILITIES UNDER THE ORDINANCE FOR CIVIL PENAL- TIES LATE-PAY- MEN'r FEES AND PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL ORDINANCES; PROVIDING A SEV- - PROVIDING LA FOB PUBLICATION AS - _ REQUIRED BY LAW, - AND PROVIDING AN EFFECTIVE DATE. That should any sen- • fences, paragraphs, 1 _ subdivision, clause hrase or section of his ordinance be~ w~ k :Fl~rl~ ° ~ ~L, adjudged or held to ~ , be unconstitutional, r-'~ ~ illegal or invalid, the x+ ~ ~ ilv ' F same shall not affect the validity of this THE STATE OF TE ordinance as a whole, - - County of Tarrant or any part or provi- sion thereof other than the part so de- cided to be invalid, Before me, a Notar, iiona ~ aid shaii tnoi County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star-Telegr h eC oae ~ofd~~rd°ifar-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attache Pue~icATioNWhOTr,elsement was published in the above named paper on the listed dates: BIDS 8 LEGAL DEPT. STAR TELEGRAM city secretary of the City, of Richland Hills (817) 390-7501 is directed to publish this Ordinance to the. *Vv~ extent required by law. 'EFFECTIVE DATE- Sjgned This ordinance shall be in full force and SUBSCRIBED AN~ seCtp s eyed aancE ME, THIS Monday, April 0 , 2 7 , publication as re- i quired by law and it is so ordained. PASSED AND AP- Notary Public 1 PROVED ON THIS 14th day of NOVEM- RFR- ?006. Thank You For--Your Payment - _ _ Remit To: Star= Telegram - - Customer ID: CIU08 P.O. BOX 901051 Customer Name: CITY OF RICHLAND HILLS FORT WORTH, TX 76101-2051 Invoice Number: 282137071 • Invoice Amount: $36.57 PO Number: - Amount Enclosed: $