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HomeMy WebLinkAboutOrd 531 Amending Chapter 90 Making it a Civil Offense to run a Red LightTOWN OF WESTLAKE ORDINANCE NO. 531 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, MAKING IT CIVIL OFFENSE TO RUN A RED LIGHT; AMENDING CHAPTER 90 OF THE WESTLAKE CODE OF ORDINANCES; PROVIDING FOR A CIVIL PENATLY; PROVIDING FOR CERTAIN DEFENSES; PROVIDING FOR SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the Town of Westlake ("Town") finds that a vehicle proceeding into an intersection when the traffic control signal for that vehicle's direction of travel is emitting a steady red signal threatens public safety by endangering 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; and WHEREAS, the Town finds that Senate Bill 1119 (codified at Texas Transportation Code Chapter 707) provides the express authority to a municipality to install automatic traffic signal enforcement mechanisms and procedures and provides for collection of a civil penalty; and WHEREAS, the Town finds and determines that implementing automated red light cameras are needed for the protection of the health and safety of its citizens and motorists on its streets. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2. That Chapter 90 of the Westlake Code of Ordinances is hereby amended to add the following: See. 90-31 Definitions. In this Chapter: (1) "Department" means the Police Department for the Town of Westlake, Texas or an entity contracting with the Town pursuant to this Ordinance. (2) "Intersection" means area where two public roadways cross each other bounded by lateral lines extending from curb to curb, or in the absence of a curb from one edge of a roadway to the edge of the opposite roadway.. (2) "Owner" means the owner of a motor vehicle as shown on the motor vehicle registration records of the Texas Department of Transportation or, if the vehicle is registered in another state or country, the analogous department or agency of the other state or country. (3) "Photographic traffic monitoring system" means a system that: (a) consists of a camera system and vehicle sensor installed to exclusively 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 the rear of a motor vehicle that is not operated in compliance with the instructions of the traffic control signal. (4) "Recorded image" means a photographic or digital image recorded by a photographic traffic monitoring system that depicts the front or rear of a motor vehicle. (5) "System location" means the approach to an intersection toward which a photographic traffic monitoring system is directed and in operation. (6) "Traffic control signal" has the meaning assigned by Texas Transportation Code Section 541.304. At any intersection at which a photographic traffic monitoring system is used, the minimum change interval at the traffic control signal for a steady yellow signal shall be established in accordance with the Texas Manual on Uniform Traffic Control Devices. Sec. 90-33 Imposition of civil penalty for creating dangerous intersections. (A) The owner of a motor vehicle is liable for a civil penalty if the 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) The civil penalty for which the owner is liable is $75. Sec. 90-60 (new) Enforcement Procedures. Page 2 (A) The Department is responsible for the enforcement and administration of this article. The Town may contract with a third party, under the supervision of the Department, for the administration, enforcement, installation, or operation of the photographic traffic monitoring system. (B) In order to impose a civil penalty under this article, the Department shall, not later than the 30th day after the date the violation is alleged to have occurred, cause to be mailed a notice of violation to the owner of the motor vehicle liable for the civil penalty. The notice of violation shall be mailed 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: (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; (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 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 pay or contest the imposition of the civil penalty if the civil penalty is not paid or imposition of the penalty is not contested within that period; Page 3 (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 instead of appearing at the time and place of the administrative adjudication hearing; and; (10) a statement informing the owner of the vehicle named in the notice of violation: (a) of the person's right to contest the imposition of the civil penalty against the person in an administrative adjudication hearing; (b) the 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; (c) that failure to pay the civil penalty or to contest liability for the penalty in a timely manner is an admission of liability and waiver of the owner's right to appeal the imposition of the civil penalty; (d) that failure to pay the civil penalty within the time allowed may result in the imposition of a late -payment fee of $25.00; and (11) a statement that, 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, then the person must the present evidence, in the form of an affidavit or declaration under penalty of perjury attached to the notice and timely return by mail, establishing that the vehicle was at that time: (a) being test driven by another person; (b) being rented or leased by the vehicle's owner to another person being rented or leased by the vehicle's owner to another person; or (c) owned by a person who was not the person named in the notice of violation. Page 4 (D) 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. (E) In lieu of issuing a notice of violation, the Department may cause to be mailed a warning notice to the owner that clearly states the notice is only a warning and contains the information required by subsection (Q. See. 90-61 (new) Presumption of Ownership. (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) Evidence may be presented to rebut the presumption in Subsection (A) by a person who is in the business of selling, renting, or leasing motor vehicles or by a person who did not own the vehicle at the time of the violation. The evidence must be made by sworn affidavit, through testimony at the administrative adjudication hearing, or by a written declaration under penalty of perjury. The affidavit or written declaration may be submitted by mail. (C) If the presumption established by Subsection (A) above is rebutted under the provisions of Subsection (B) above, a civil penalty may not be imposed on the owner of the vehicle or the person named in the notice of violation, as applicable. (D) 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 Department 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 Department may send a notice of violation to that individual at the address provided by the owner of the motor vehicle. Page 5 Sec. 90-62 (new) Administrative adjudication hearing. (a) A person who receives a notice of violation under this chapter may contest the imposition of the civil penalty specified in the notice of violation by filing a written request for an administrative adjudication hearing. The request for a hearing must be filed on or before the date specified in the notice of violation, which may not be earlier than the 30th day after the date the notice of violation was mailed. (b) On receipt of a timely request for an administrative adjudication hearing, the Department shall notify the person of the date and time of the hearing. (c) A hearing officer designated by the Town of Westlake Board of Aldermen shall conduct the administrative adjudication hearing. (d) In an administrative adjudication hearing, the issues must be proven by a preponderance of the evidence. (e) The reliability of the photographic traffic signal enforcement system used to produce the recorded image of the motor vehicle involved in the violation may be attested to by affidavit of an officer or employee of the Department or of the entity with which the Department contracts who is responsible for inspecting and maintaining the system. (f) An affidavit of an officer or employee of the Department or the contracting entity that alleges a violation based on an inspection of the applicable recorded image is: (1) admissible in the administrative adjudication hearing and in an appeal under this Ordinance; and (2) evidence of the facts contained in the affidavit. (g) At the conclusion of the administrative adjudication hearing, the hearing officer shall enter a finding of liability for the civil penalty or a finding of no liability for the civil penalty. A finding under this subsection must be in writing and be signed and dated by the hearing officer. (h) A finding of liability for a civil penalty must specify the amount of the civil penalty for which the person is liable. If the hearing officer enters a finding of no liability, a civil penalty for the violation may not be imposed against the person. (i) A finding of liability or a finding of no liability entered under this section may: Page 6 (1) be filed with the Department Westlake Municipal Court; and, (2) be recorded on microfilm or processing techniques. and the Court Clerk of the microfiche or using data Sec. 90-63 (new) Untimely Request for Administrative Adjudication Hearing. (A) Notwithstanding any other provision of this Ordinance, a person who receives a notice of violation under this Ordinance and who fails to timely pay the amount of the civil penalty or fails to timely request an administrative adjudication hearing is entitled to an administrative adjudication hearing if - (1) f (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 the same number of days after the date the person received the notice of violation as specified under Section 90-60 (C)(8). See. 90-64 (new) 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 court. The petition must be filed with Town of Westlake Municipal Court. (b) The petition must be: (1) filed before the 31st day after the date on which the administrative adjudication hearing officer entered the finding of liability for the civil penalty; and, (2) accompanied by payment of the costs required by law for the Municipal Court. (c) The Court Clerk shall schedule a hearing and notify the owner of the motor vehicle and the Department and the Office of the Town Attorney 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 Page 7 notarized statement of personal financial obligation to perfect the owner's appeal. (e) An appeal under this section shall be determined by the court by trial de novo. Being an appeal from an administrative determination, the trial de novo shall not be by jury trial. Sec. 90-65 (new) Enforcement and Late Fee (A) If the owner of a motor vehicle is delinquent in the payment of a civil penalty imposed under this Ordinance, the county assessor -collector or the Texas Department of Transportation may refuse to register a motor vehicle alleged to have been involved in the violation. (B) If the owner of a motor vehicle is delinquent in the payment of a civil penalty imposed under this Ordinance, the Department may impose a $25 late fee in addition to any other amounts owed. Sec. 90-66 (new) Traffic Safety Fund (A) The penalties and fees collected from the imposition of civil liability under this article, after any deductions or remittances pursuant to state law, shall be deposited in a Traffic Safety Fund account established by the Board of Aldermen. (B) Funds from the Traffic Safety Fund may be used only to fund traffic safety programs, including pedestrian safety programs, public safety programs, intersection improvements, and traffic enforcement. SECTION 3. PENALTY A violation of any provisions of this Ordinance shall be deemed to be a civil violations and, upon finding of liability of such violation, such violation shall be punishable by a penalty as provided herein. SECTION 4. SEVERABILITY. If any section, paragraph, subdivision, clause or phrase of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part of any provision thereof other than the part so decided to be invalid or unconstitutional. SECTION 5. EFFECTIVE DATE Page 8 The fact that the present ordinances and regulations of the Town of Westlake, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the Town of Westlake, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED ON THIS 27TH DAY OF AUGUST 2007 ATTEST: Ki Sutter, TRMC, Town Secretary APPROVED: , rdrdi- - I �'Rj Trent Petty, Town Pa ger HABoyle-Lowry\West Lakelwl-ordinancestwl-ord-red light cameras (2).doc Page 9