HomeMy Public PortalAboutOrdinance No. 1095-07 09-11-2007 CITY OF RICHLAND HILLS ORDINANCE NO. 1095-07
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS,
AMENDING ARTICLE III, CHAPTER $2, DIVISION 7 OF THE CODE
OF ORDINANCES OF THE CITY OF RICHLAND HILLS BY
AMENDING VARIOUS SECTIONS TO COMPLY WITH RECENT
LEGISLATION GOVERNING AUTOMATED RED LIGHT
ENFORCEMENT BY MUNICIPALITIES; 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 Texas Legislature has passed SB 1119, which is an act governing the
implementation of photographic traffic signal enforcement systems by muunicipalities; and
WHEREAS, the City Council desires to amend Article III, Chapter 82, Division 7 of the
City Code to cause the Code to come into compliance with the newly enacted legislation.
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:
"Sec. 82-201. Imposition of Civil Penalty for Red Light Violations.
(a} Except as provided in (b}, (c) and (d}below, the owner of a motor vehicle is liable
for a civil penalty of $75.00 if the motor vehicle, while facing only a steady red signal
displayed by an electronically operated traffic control signal located in THE City of
Richland Hills, Texas, the vehicle is operated in violation of the instructions of that traffic
control signal as specified by section 544.007(d) of the Texas Transportation Code.
(b) A person who fails to timely pay the civil penalty shall be subject to a late
payment penalty of $25.00.
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(c) A person who pays the amount due by check and whose check is rejected or
declined shall be subject to an additional fee of $25.00.
(d) 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 of Division 7 of Chapter 82 entitled, "Enforcement procedures" be and
hereby is amended to read as follows:
"Sec. 82-202. Enforcement; procedures.
(a) The Department is responsible for the enforcement and administration of this
article.
(b) To implement the photographic traffic signal enforcement system under this
article, the City may:
(1) contract for the administration and enforcement of the system as provided
in section 707.003(a)(1) of the Texas Transportation Code; and
(2) install and operate the system or contract for the installation or operation
of the system as provided in section 707.003(a}(1) of the Texas
Transportation Code.
(c) 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.
(d} A notice of violation issued under this article shall contain the following:
{1) a description of the violation alleged;
(2) the location of the intersection where the violation occurred;
(3} the date and time of the violation;
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(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;
a copy of a recorded image of the violation 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 to be imposed for the violation;
(8) the number of days the person has in which to pay or contest the
imposition of the civil penalty and a statement that the person incurs a late
penalty if the civil penalty is not paid or imposition of the penalty is not
contested within that period;
(9) a statement that the owner of the vehicle in the notice of violation may
elect to pay the civil penalty by mail sent to a specified address or via the
Internet by going to a specified website address and following the
instructions contained thereon instead of appearing at the time and place
of the administrative adjudication hearing;
(1Q) information that informs the owner of the vehicle named in 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 maybe contested by submitting
a written request for an administrative adjudication hearing before
the expiration of the time to contest the imposition of the civil
penalty;
{C) that failure to pay the civil penalty or to contest liability for the
penalty in a timely manner 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 pf $25.00;
(E} that failure to appear at an administrative adjudication hearing after
having requested a hearing will constitute an admission of liability
and a waiver of the right to appeal the imposition of the civil
penalty;
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(F) that a finding of liability by a hearing officer in an administrative
hearing will result in the imposition of the amount of the civil
penalty stated in the notice of violation;
(G} that the failure to timely pay the civil penalty may result in the
county assessor-collector or the Texas Department of
Transportation to refuse to register a motor vehicle alleged to have
been involved in the violation;
(H} that the failure to timely pay the civil penalty will not result in the
issuance of an arrest warrant and will not be recorded as a
conviction on the owner's driver's record; and
(l) any other information deemed necessary by the Department.
(11) 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; and
(12} a statement that if the owner is a natural person, and if when the violation
occurred, the vehicle was being operated by a person other than the owner,
the owner may transfer liability for the violation to the person who was
operating the vehicle when the violation occurred by providing 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.
The owner must provide this information under oath either by filing an
affidavit with the Departrnent on a form provided by the Department, ar
by testifying under oath at an administrative adjudication hearing.
(e) A notice of violation under this article is presumed to have been received on the
fifth day after the date the notice of violation is mailed.
(f) In lieu of issuing a notice of violation, the Department may mail a warning notice
to the owner."
SECTION 3.
Section 82-203 of Division 7 of Chapter 82 entitled, "Administrative adjudication
hearing" be and hereby is amended to read as follows:
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"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 hearing within 30 days after the date 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 admvustrative adjudication hearing, which hearing shall be scheduled within
30 days after the date of the Department's receipt of the request. The administrative
adjudication hearing shall be held before a hearing officer appointed by the City Council.
Said hearing officer shall have the authority to administer oaths and issue orders
compelling the attendance of witnesses and the production of documents.
(b) The civil penalty described in this article shall not be assessed if
(1) after a hearing, the hearing officer enters a finding of no liability; or
(2) within the time prescribed in the notice of violation, the person against
whom the civil penalty is to be assessed submits the proof described in
section 82-202(d)(12) or rebuts the presumption of violation as described
in section 82-205.
(c) 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 within
10 days of the hearing or within the time otherwise prescribed by the hearing officer. A
person who fails to pay the civil penalty within 10 days of the hearing or within the time
prescribed by the hearing officer is liable for a laze payment fee of $25.00.
(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 whom 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;
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(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 was 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 person, the
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;
(6} the person rebuts the presumption of the commission of the violation in
accordance with section 82-205(b) of this article and, if applicable,
complies with the requirements of section 82-205(e) of this article; and
(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(d}(12)
or in the event that the owner establishes the affirmative defense described in section 82-
203(e)(5) or rebuts the presumption of violation as described in section 82-205, the
Department may issue a notice of violation to the person alleged by the owner to b,ave
been driving the motor vehicle at the tune of the violation within 30 days of the
Department's receipt of the proof described in sections 82-202(d)(12} and 82-205(b) or
within 30 days of the hearing at which the owner established the affirmative defense
described in section 82-203(e)(5).
(h) Notwithstanding anything in this article to the contrary, a person who receives a
notice of violation under this article and who fails to pay the amount of the civil penalty
or to timely request an administrative adjudication hearing is nonetheless entitled to an
administrative adjudication hearing if:
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(1) the person submits a written request for the hearing to the designated
hearing officer, accompanied by an affidavit that attests to the date on which
the person received the notice of violation; and
(2) the written request and affidavit are submitted to the hearing officer within
30 days after the person received the notice of violation."
SECTION 4.
Division 7 of Chapter 82 is hereby amended by adding section 82-203a entitled,
"Appeal" to read as follows:
"Sec. 82-203a. Appeal.
(a) The owner of a motor vehicle determined by a hearing officer to be liable for a
civil penalty may appeal that determination to a judge by filing an appeal petition with
the clerk of the City's municipal court, accompanied by the payment of the costs required
by law for the court, on or before the 31st day after the date on which the hearing officer
entered the finding of liability for the civil penalty.
(b) The municipal 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.
(c) An appeal stays enforcement and collection of the civil penalty imposed against
the owner of the motor vehicle until the matter is adjudicated by the municipal court.
The owner shall file a notarized statement of personal financial obligation to perfect the
owner's appeal.
(d) An appeal under this section shall be determined by the court by trial de novo.
All evidence submitted at the administrative hearing shall be and any additional relevant
evidence maybe admitted in the trial."
SECTION 5.
Section 82-204 of Division 7 of Chapter 82 entitled, "Order" be and hereby is amended to
read as follows:
"Sec. 82-204. Order.
(a) The hearing officer at the conclusion of 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
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(2) the amount of any penalty, cost, or fee assessed against the person.
(b) The orders issued under subsection (a) must be signed and dated by the hearing
officer and may be filed with the city secretary who shall keep the orders in a separate
index and file. The orders may be recorded using microfilm, microfiche, or data
processing techniques."
SECTION 6.
Section 82-205 of Division 7 of Chapter 82 entitled, "Presumptions" be and hereby is
amended to read as follows:
~~Sec.82-205. Presumptions.
(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 was at the time:
{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 82-203, 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 adjudication hearing under section 82-203; or by a written
declaration under penalty of perjury. The affidavit or written declaration may be
submitted by mail to the City or the entity with which the City contracts under section 82-
202(b) of this article.
(d) If the presumption established by subsection (a) is rebutted under subsection (b),
a civil penalty may not be imposed an 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
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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 or the entity with which the City contracts under
section 82-202(b) of this article 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 the notice 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 in 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."
SECTION 7.
Section 82-206 of Division 7 of Chapter 82 entitled, "Effect of liability; exclusion of civil
remedy" be and hereby is amended to read as follows:
"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. The failure to pay a civil penalty may not be reported to a credit bureau as
defined by section 392.001 of the Texas Finance 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.
(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 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."
SECTION
Section 82-207 of Division 7 of Chapter 82, entitled "Enforcement" be and hereby is
amended to provide as follows:
"Sec. 82-207. Enforcement.
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The City Attorney is authorized to file suit to enforce collection of any civil penalties
and late fees assessed under this article."
SECTION 9.
Section 82-208 of Division 7 of Chapter 82, entitled "Establishment of Traffic Safety
Fund and terms and conditions for expenditure of same" be and is hereby amended to provide as
follows:
"Sec. 82-208. Traffic Safety JH~nd.
(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 of the 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) insta.Iling 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 functioziixig of the
photographic traffic signal enforcement system."
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SECTION 10.
Division 7 of Chapter 82 of the Code of Ordinances is hereby amended by adding section
82-209, entitled, "Citizen Advisory Comr<nittee," which shall state as follows:
"Sec. 82-209. Citizen Advisory Committee.
The City Council shall appoint a Citizen Advisory Committee consisting of one
person appointed by each Councilzxl.ember. The five members shall be the five members
of the Crime Prevention Advisory Board who hold designated places numbered la
through Sa, and shall serve terms corresponding to the term of office of the
councihnember making the appointment. The commmittee shall advise the City Council
on the installation and operation of the photographic traffic signal enforcement systems
installed within the City limits. The committee shall not have any authority over the
photographic traffic signal enforcement systems other than to make recommendations to
the City Council with respect to decisions concerning such systems."
SECTION I1.
Division 7 of Chapter 82 of the Code of Ordinances is hereby amended by adding section
82-210, entitled "Procedures for Creation of Photographic Traffic Signal Enforcement Systems,"
which shall state as follows:
"Sec. 82-210. Procedures for Creation of Photographic Traffic Signal Enforcement
Systems.
(a) Before installing a photographic traffic signal enforcement system at an
intersection approach, the City shall conduct or cause to be conducted a traffic
engineering study of the approach to determine whether, in addition to or as an
alternative to the system, a design change to the approach or a change in the signalization
of the intersection is likely to reduce the number of red light violations at the intersection.
(b} The City shall report the results of the traffic engineering study described in
subsection (a) to the Citizen Advisory Committee appointed by the City Council pursuant
to section 82-209.
(c) Any intersection approach selected by the City for the installation of a
photographic traffic signal enforcement system must be selected based on traffic volume,
the history of accidents at the approach, the number or frequency of red light violations at
the intersection, and any similar traffic engineering and safety criteria, without regard to
the ethnic or socioeconarnic characteristics of the area in which the approach is located.
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(d) The City may not impose the civil penalty described in section 82-201(a) on an
owner of a motor vehicle if it does not first comply with the requirements of subsections
(a) and (b} above. However, the failure of the City to comply with the requirements of
subsections (a) and (6) above with respect to one intersection shall not prevent the City
from imposing said civil penalty on the owner of a motor vehicle for a violation
occurring at a different intersection.
(e) If a photographic traffic signal enforcement system is to be installed at an
intersection on or after January 1, 2008, then, in addition to the requirements of
subsections (a), (b} and (c) above, the city shall also compile a written report of the
number and type of traffic accidents that have occurred at such intersection for a period
of at least 18 months prior to the date of the report. The City shall provide a copy of this
report to the Texas Department of Transportation within 6 months of the date the
photographic traffic signal enforcement system is installed at the intersection approach.
(f) Beginning on and after January 1, 2008, the City shall monitor and report
annually in writing to the Texas Department of Transportation on the form prescribed by
such department concerning the number and type of traffic accidents that occur at all
system locations to determine whether the installation of the system results in a reduction
in accidents or a reduction in the severity of accidents at those locations.
(g} In addition to installing the photographic traffic signal enforcement system, the
City shall also install signs along each roadway that leads to the intersection at which
such system is installed. The signs must be at least 100 feet from the intersection or
located according to the standards established in the manual adop#ed by the Texas
Transportation Commission under section 544.001 of the Texas Transportation Code. In
addition, the signs must be easily readable to any motor vehicle operator approaching the
intersection and must clearly indicate the presence of a photographic monitoring system
that records violations that may result in the issuance of a notice of violation and the
imposition of a monetary penalty."
SECTION 12.
PROVISIONS CUMULATNE
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 13.
PROVISIONS SEVERABLE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the rPmairiing phrases, clauses, sentences, paragraphs and sections of this
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ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 14.
PUBLICATION
The City Secretary of the City of Richland Hills is directed to publish the caption, penalty
clause, publication clause and effective date of this Ordinance to the extent required by law.
SECTION I5.
EFFECTIVE DATE
This ordinance shall be in full force anal effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS k~r~. DAY OF SEPTEMBER, 20Q7.
,
ONORABLE DAVID GAN, MAYOR
ATTEST: \\~~~u o i u i u i,,,,,,~
ok lJ,;
A ANTU, CITY SECRETARY = ~ : m
~ a
EFFECTIVE DATE: tl
„uininm~
APP VB AST RM EGALITY:
,
TIM G. SRALL,A, CI ATTORNEY
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