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O-2650-8-07ORDINANCE NO. 2650-8-07 ' AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 9, "MOTOR VEHICLES AND TRAFFIC,- BY ADDING ARTICLE XV, "AUTOMATED RED LIGHT ENFORCEMENT"; PROVIDING FOR THE IMPOSITION OF A CIVIL PENALTY; PROVIDING FOR ENFORCEMENT AND PROCEDURES; PROVIDING FOR AN ADMINISTRATIVE ADJUDICATION HEARING; PROVIDING FOR THE USE OF CIVIL PENALTY FUNDS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen, Collin County, Texas, under the authority of Article XI, Section 5 of the Texas constitution, investigated and determined that it would be advantageous and beneficial to the City of Allen, Texas ("City"), and its inhabitants to implement an automated red light enforcement program; and, WHEREAS, upon investigation, it has been determined that red light running is the cause of approximately 280,000 collisions and 240,000 injuries each year in the United States; and, WHEREAS, upon investigation, it has been determined that red light running causes the death of approximately 100 people in the State of Texas each year and, ' WHEREAS, red light enforcement programs have proven to reduce the number of red light runners in that Washington, D.C. has reduced red light running by 68% and Wilmington, Delaware, has reduced red light running by 62% with their red light enforcement programs; and, WHEREAS, the local community of the City of Garland began its automated red light enforcement program in September 2003 and has already experienced a 13% reduction in violations; and, WHEREAS, it is in the interest of the public health, safety and welfare to implement traffic regulation and safety programs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. Chapter 9, "Motor Vehicles and Traffic," of the Code of Ordinances of the City of Allen, Texas, be, and the same is hereby, amended by adding a new Article XV, "Automated Red Light Enforcement," which shall read as follows: "Chapter 9 MOTOR VEHICLES AND TRAFFIC ' Sec. 9-354--9-360. Reserved, ARTICLE XV. AUTOMATED RED LIGHT ENFORCEMENT Sec. 9,361. Definitions. In this article: ' Department means the Police Department of the City of Allen, Texas. Owner means 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. Photographic Traffic Signal Enforcement 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 rear of a motor vehicle that is not operated in compliance with the instructions of the traffic -control signal. Recorded Image means an image recorded by a photographic traffic signal enforcement system that depicts the front or the rear of a motor vehicle and is automatically recorded on a photograph or digital image. System Location means the approach to an intersection toward which a photographic traffic signal enforcement system is directed an in operation. Traffic Control Signal has the meaning assigned by Texas Transportation Code, Section 541.304. ' Sec. 9-362. Imposition of civil penalty for creating dangerous intersections. (a) The City Council finds and determines that a vehicle that proceeds into an intersection when the traffic control signal for that vehicle's direction of travel is emitting a steady red signal damages the public by endangering vehicle operators and pedestrians alike, by decreasing the efficiency of traffic control and traffic flow efforts, by increasing the number of serious accidents to which public safety agencies most respond at the expense of the taxpayers, and is operated in violation of the instructions of that traffic -control signal. (b) Except as provided in (c), the Owner of a motor vehicle is liable for a civil penalty of seventy-five dollars ($75.00) if, while facing only a steady red signal displayed by an electrically operated traffic -control signal located in the City, the vehicle is operated in violation of the instructions of that traffic control signal, as specified by Texas Transportation Code, Section 544.007(d). (c) A person who fails to timely contest or pay the civil penalty shall be subject to a late payment penalty of twenty-five dollars ($25.00). Sec. 9.363. 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 against whom the City seeks to impose the civil penalty not later than the 30a day after the date the violation is alleged to have occurred to: I(1) the owner's address as shown on the registration records of the Texas Department of Transportation; or Ordinance No. 2650-5-07, Page 2 (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 a depiction of the area 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 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 and a statement that the person incurs a late payment penalty of $25.00 if the civil penalty is not paid or imposition of the penalty is not contested within that period; (9) a statement that the person named in the notice of violation may pay the civil penalty by mail sent to a specified address in lieu of appearing at the time and place of the administrative adjudication hearing; (10) information that informs the owner of the vehicle named in the notice of violation: a. of the owner's right to contest the imposition of the civil penalty against the person in an administrative adjudication hearing; b. that 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); and 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 a waiver of the owner's right to appeal the imposition of the civil penalty; (11) a statement that a recorded image is evidence in a proceeding for the imposition of a civil penalty; and, (12) any other information deemed necessary by the Department. (d) A notice of violation under this article is presumed to have been received on the fifth (5a) 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. Ordinance No. 2650-8-07, Page 3 Sec. 9364. Presumption. (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 9-363, 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 9-363, 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 9-363(axl ). (d) If the presumption established by Subsection (a) is rebutted under Subsection (b), a civil penalty may not be imposed on 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 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 Sermon 9-363 (a)(1) 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. Sec. 9-365. Administrative adjudication hearing. (a) A person who receives a notice of violation may contest the imposition of the civil penalty by requesting in writing an administrative adjudication of the civil penalty within thirty (30) days after the date the violation was mailed. Upon receipt of a timely request, the Department shall notify the person of the date and time of the hearing on the administrative adjudication, which shall be held within thirty (30) days upon the receipt of the request. The administrative adjudication hearing shall be held before a hearing officer appointed by the City Manager. Said hearing officer shall have the authority to administer oaths and issue orders compelling the attendance of witnesses and the production of documents. I(b) A person who fails to pay the civil penalty or to contest liability for the penalty in a timely manner or who requests an administrative adjudication hearing to contest the imposition of the civil penalty against the person and fails to appear at that hearing is considered to: Ordinance No. 2650-8-07, Page 4 (1) admit liability for the full amount of the civil penalty stated in the notice of violation mailed to the person; and ' (2) waive the person's right to appeal the imposition of the civil penalty. (c) The civil penalty shall not be imposed against the person if, after a hearing, the hearing officer enters a finding of no liability. (d) In an administrative adjudication hearing, the issues must be proved at the hearing by a preponderance of the evidence. 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 in an administrative adjudication hearing 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 a proceeding under this article and is evidence of the facts contained in the affidavit. (e) A person who is found liable for a civil penalty after an administrative adjudication hearing shall pay the civil penalty within ten (10) days of the hearing. (f) It shall be an affirmative defense to liability under this Article, to be proven by a preponderance of the evidence, that: (1) the traffic -control signal was not in proper position and sufficiently legible to an ordinarily observant person; I(2) the operator of the motor vehicle was acting in compliance with the lawful order or direction of a police officer; (3) the operator of the motor vehicle violated the instructions of the traffic -control signal so as to yield the right-of-way to an immediately approaching authorized emergency vehicle; (4) the motor vehicle was being operated as an authorized emergency vehicle under Chapter 546 of the Texas Transportation Code and that the operator was acting in compliance with that chapter; (5) the motor vehicle was a stolen vehicle and being operated by a person other than the owner of the vehicle without the effective consent of the owner; (6) the license plate depicted in the recorded image of the violation was a stolen plate and being displayed on a motor vehicle other than the motor vehicle for which the plate had been issued; or (7) the presence of ice, snow, unusual amounts of rain or other unusually hazardous road conditions existed that would make compliance with this Article more dangerous under the circumstances than non-compliance. (g) To demonstrate that at the time of the violation the motor vehicle was a stolen vehicle or the license plate displayed on the motor vehicle was a stolen plate, the owner most submit proof acceptable to the hearing officer that the theft of the vehicle or license plate had been timely reported to the appropriate law enforcement agency. ' (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 a civil penalty or to timely request an administrative adjudication hearing is entitled to an administrative adjudication hearing if. Ordinance No. 2650-8-07, Page 5 (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 9- 363(c)(8). Sec. 9-366. Order. (a) 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. (b) 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. (c) A finding of liability or a finding of no liability entered under this section may: (1) be filed with the clerk or secretary of the City or with a person designated by the City Council; and, (2) be recorded on microfihn or microfiche or using data processing techniques. Sec. 9367. 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 ajudge by filing an appeal petition with the clerk of the court. The petition must be filed with the City's municipal court. (b) The petition must be filed before the 31 st day after the date on which the administrative adjudication hearing officer entered the finding of liability for the civil penalty. (c) The 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. (d) An appeal stays enforcement and collection of the civil penalty imposed against the owner of the motor vehicle. The owner shall file a notarized statement of personal financial obligation to perfect the owner's appeal. (e) An appeal under this section shall be determined by the wort by trial de novo. Sec. 9368. Effect of liability; exclusion of civil remedy; enforcement. (a) The imposition of a civil penalty under this Article is not a conviction and may not be considered a conviction for any purpose. ' (b) The implementation of a photographic traffic signal enforcement system by the City under this article does not prohibit a peace officer from aresting a violator of Texas Transportation Code, Section 544.007(d) Ordinance No. 2650-8-07, Page 6 as provided by Chapter 543 of the Transportation Code, if the peace officer personally witnesses the violation, or from issuing the violator a citation and notice to appear as provided by Chapter 543. ' (c) The City may not impose a civil penalty 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 the same violation of Section 544.007(d) of the Texas Transportation Code recorded by the photographic traffic signal enforcement system. (d) If the owner of the motor vehicle fails to timely pay the amount of the civil penalty imposed against the owner. (1) an arrest warrant may not be issued for the owner; and (2) the imposition of the civil penalty may not be recorded on the owner's driving record. (e) Notice of Subsection (d) must be included in the notice of violation required by Section 9-363(c). Sec. 9-369. Traffic Safety Fund. (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, 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) installing 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 functioning of the photographic traffic signal enforcement system." SECTION 2. All provisions of the Ordinances of the City of Allen in conflict with the provisions of this Ordinance be, and the same are, hereby repealed; and all other provisions of the Ordinances of the City of ' Allen not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 3. 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 No. 2650-8-07, Page 7 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. This Ordinance shall take effect from and after its passage and the publication of the caption as the law and charter provide. 1 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 28TH DAY OF AUGUST, 2007. APPROVED: ZA�Qz—cr Stephei Terrell, Mayor APPROVED AS TO FORM: ATTEST: Peter G. Smith, Cit3vAttomey Shelley B�George, MC, City Sec"ry Ordinance No. 2650-8A7. Page 8