HomeMy Public PortalAboutOrdinance No. 1078-07 01-23-2007 • 1078-07
CITY OF RICHLAND HILLS ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS,
AMENDING ARTICLE III, CHAPTER 82, DIVISION 7 OF THE CODE
OF ORDINANCES OF THE CITY OF RICHLAND HILLS TO CLARIFY
A PERSON'S RIGHTS AND LIABILITIES UNDER THE ORDINANCE
FOR CIVIL PENALTIES, LATE-PAYMENT FEES AND OTHER FEES;
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.
WHEREAS, the City of Richland Hills is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Local Government Code; and
WHEREAS, the City Council previously amended Article III, Chapter 82 of the City
Code to add a new Division 7 in order to provide for automated red light enforcement and to
establish a traffic safety fund; and
WHEREAS, the City Council wishes to clarify a person's rights and liabilities under the
ordinance for civil penalties, late-payment fees and other fees;
• NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
SECTION 1.
Section 82-201 of Division 7 of Chapter 82 entitled, "Imposition of Civil Penalty for Red
Light Violations" be and hereby is amended to read as follows:
(a) Except as provided in (b) 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.
(d) A person who pays the amount due by check and whose check is rejected or
declined shall be subject to an additional administrative fee of $25.00.
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• (e) A person who pays the amount due by credit card over the Internet shall be
subject to an additional convenience fee of $2.95.
SECTION 2.
Section 82-202(c)(8) of Division 7 of Chapter 82 be and hereby is amended to read as
follows:
(8) a statement that the person named in the notice of violation may contest the
imposition of the civil penalty by appearing at an administrative adjudication
hearing;
SECTION 3.
Section 82-202(c)(9)(D) of Division 7 of Chapter 82 be and hereby is amended to read as
follows:
(D) that failure to pay the civil penalty within the time prescribed without timely
contesting liability shall result in the imposition of slate-payment fee of $50.00;
SECTION 4.
• Section 82-202(c)(9)(H) of Division 7 of Chapter 82 be and hereby is amended to read as
follows:
(H) that a an administrative fee of $25.00 will be assessed for rejected or declined
payments.
SECTION 5.
Section 82-202(c)(9) of Division 7 of Chapter 82 be and hereby is amended by adding
subsection (I) to read as follows:
(I) any other information deemed necessary by the Department.
SECTION 6.
Section 82-203(c) of Division 7 of Chapter 82 be and hereby is amended to read as
follows:
(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 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 and hearing costs within 10 days of the hearing or within the time
otherwise prescribed by the hearing officer. If the civil penalty and hearing costs
are not timely paid, or if a person fails to appear at the time and place of the
hearing, such person shall be additionally liable for slate-payment fee of $50.00.
SECTION 7.
Section 82-203(c) of Division 7 of Chapter 82 be and hereby is amended to read as
follows:
(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 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. If the appeal is successful, the Municipal
Court may order the appellate filing fee to be refunded to the appellant.
SECTION 8. 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 9. 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 10. The City Secretary of the City of Richland Hills is hereby directed to
publish this ordinance to the extent required by law.
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SECTION 11. 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 23`d DAY OF JANUARY, 200 .
E ONORABLE DAVID GAN, MAYOR
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ATTEST: ~•~`~~~~~'N`~:ND y
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inda Cantu, City Secretary =v ~ ~ a
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EFFECTIVE DATE: d~~ D1 ~~',,~~~~i// •.s....•
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APPROVED AS fi FORM AND LEGALITY:
Tim G. Sralla, City Attorney
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