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.
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(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;
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(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.
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(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.
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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:
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(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
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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
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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
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