2007-169,. _ -s:\6ur documenLS\ordinanccs\OTsb I119.ds
ORDINANCE NO. c7OD7 - ~ l~ 9
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DENTON, BY AMENDING CHAPTER 18 ARTICLE IX,
AUTOMATED TRAFFIC SIGNAL ENFORCEMENT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR THE IMPOSITION OF A CIVIL PENALTY OF $75.00; AND ,
PROVIDING AN EFFECTIVE DATE. --
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l . Chapter 18 Article IX ofthe Code ofOrdinances ofthe CityofDenton, Texas,
is hereby amended to read as follows:
Sec. 18-230. Definitions.
Department shall mean the Police Department of the CityofDenton, Texas.
I~Itersection shall mean the place or area where two or more streets intersect.
Owner shall mean the owner of a motor vehicle as shown on the motor vehicle registration
records ofthe Texas Department ofTransportation or the analogous department or agency ofanother
state or country.
Photographic traffic signal enforcement system means a system that:
(1) consists of a camera system and vehicle sensor installed to exclusively work in
conjunction with an electrically operated traffic control signal; and
(2) 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.
Recorded image shall mean a photographic or digital image that depicts the front or the rear '
of a motor vehicle.
Traffic control signal shall mean a traffic control device that displays alternating red, amber
and green lights that directs traffic when to stop at or proceed through an intersection.
System location shall mean the approach to an intersection toward which a photographic
traffic monitoring system is directed and in operation.
Sec. ]8-231. Imposition of Civil Penalty for Violations.
(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 motor vehicle operators and pedestrians alike, by decreasing the
s:\our dceumentsbrdinances\W~sb 1119.dcc
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.
(b) The owner of a motor vehicle is liable for a civil penalty of seventy-five dollars
($75.00) if the motor vehicle proceeds into an intersection at a system location when the traffic -
control signal for that motor vehicle's direction of travel is emitting a steady red signal.
(c) An owner who fails to timely pay the civil penalty shall be subject to a late payment
penalty of twenty-five dollars ($25.00).
(d) The imposition of a civil penalty under this chapter is not a conviction and may not be
considered a conviction for any purpose.
Sec 18-232. Enforcement Procedures.
(a) The Department is responsible for the enforcement and administration ofthis Article.
1t
(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 liable for the civil penalty notiater than the 30`b
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
(2) Ifthe 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;
(G) a copy of a recorded image ofthe violation limited solely to a depiction ofthe
area of the registration number displayed on the license plate of the vehicle
involved in the violation;
Page 2
s:\aur dceumenLS\ordinances\07\sb 1119.dac
(7) the amount of the civil penalty for which the owner is liable;
(8) the number of days the owner has in which to pay or contest the imposition of
the civil penalty and a statement that the owner incurs a late payment 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 instead of
appearing at the time and place of the administrative adjudication hearing;
and
(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 owner 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 (c) (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.
d. If the owner of the motor vehicle fails to timely pay the amount ofthe
civil penalty imposed against the owner:
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.
(d) A notice of violation is presumed to have been received on the fifth day after the date
the notice is mailed.
Sec. 18-233. Installation and Operation of Photographic Traffic Signal Enforcement
System.
(a) Before installing a photographic traffic signal enforcement system at an intersection
approach, the Department shall conduct 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.
Page 3
s:\our documcnLS\ordinances\07\Sb III).ds
(b) An intersection approach must be selected for the installation ofa photographic traffic
signal enforcement system based on traffic volume, the history of accidents at the approach, the
^umber or frequency of red light violations at the intersection, and similar traffic engineering and
safety criteria, without regard to the ethnic or socioeconomic characteristics ofthe area in which the
approach is located.
(c) The Department shall report results of the traffic engineering study required by
Subsection (b) to the citizen advisory committee. The committee shall advise the local department
on the installation and operation of a photographic traffic signal enforcement system established
under this Article.
(d) The Department shall install signs along each roadway that leads to an intersection at
which a photographic traffic signal enforcement system is in active use. The signs must be at least
100 feet from the intersection or located according to standards established in the manual adopted by
the Texas Transportation Commission under Texas Transportation Code Section 544.001, be easily
readable to any operator approaching the intersection, and 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.
(e) The City or the entity with which the City contracts for the administration and
enforcement of a photographic traffic signal enforcement system may not provide information about
a civil penalty imposed under this Article to a credit bureau, as defined by Texas Finance Code
Section 392.001.
Sec. 18-234. Report of Accidents.
(a) Before installing a photographic traffic signal enforcement system at an intersection
approach, the Department shall compile a written report of the number and type of traffic accidents
that have occurred at the intersection for a period of at least 18 months before the date of the report.
(b) Not later than six months after the date of the installation of the photographic traffic
signal enforcement system at the intersection, the Department shall provide the Texas Department of
Transportation a copy of the report required by Subsection (a).
(c) After installing a photographic traffic signal enforcement system at an intersection
approach, the Department shall monitor alitl annually report to the Texas Department of
Transportation the number and type of traffic accidents at the intersection to determine whether the
system results in a reduction in accidents or a reduction in the severity of accidents.
(d) The report must be in writing in the form prescribed by the Texas Department of
Transportation.
Sec. 18-235. Minimum Change Interval.
At an intersection at which a photographic traffic monitoring system is in use, the minimum
change interval for a steady yellow signal must be established in accordance with the Texas Manual
Page 4
s:~our dacumcnrcbrdinancesV0756 1119.dce
on Uniform Traffic Control Devices.
Sec. 18-236. Deposit of Revenue from Certain Traffic Penalties.
(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; and
(2) deposit the remainder of the revenue in a special account in the City's treasury
that maybe used only to fund traffic safety programs, including pedestrian
safety programs, public safety programs, intersection improvements, and
traffic enforcement. ,
(b) The City shall 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 thecity;
(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 employees of the City, 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.
Sec. 18-237. Effect on Other Enforcement.
(a) The implementation of a photographic traffic signal enforcement system under this
Article does not:
(1) preclude the application or enforcement in the city of Texas Transportation
Code Section 544.007(d) in the manner prescribed by Texas Transportation
Code Chapter 543; or
(2) prohibit a peace officer from arresting a violator of Texas Transportation
Code Section 544.007(4) as provided by Texas Transportation Code Chapter
543, if the peace officer personally witnesses the violation, or from issuing
Page 5
s:\our dacmnenLS\ordinauces\oTsb 1119.d¢
the violator a citation and notice to appear as provided by that Chapter.
(b) No civil penalty shall be imposed on the owner of a motor vehicle if the operator of
the vehicle was arrested or issued a citation and notice to appear by a peace officer for the same
violation of Texas Transportation Code Section 544.007(d) recorded by the photographic traffic
signal enforcement system.
Sec. 18-238. Admission of Liability.
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 ofthe civil
penalty against the person and fails to appear at that hearing is considered to:
(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.
Sec. 18-239. 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 that 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 18-240, the presentation ofevidence 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 18-240, or by a written declaration under penalty
of perjury. The affidavit or written declaration maybe submitted by mail to the City or the entity
with which the City contracts.
(d) If the presumption established by Subsection (a) is rebutted under Subsection (bl, a
civil penalty may not be imposed on the owner of the vehicle or the person named in the notice of
Page 6
s\our documents\ordiuances\oT.cb 1119.doc
violation, as applicable.
(e) Tf, 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 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. 18-240. Administrative Adjudication Hearing.
(a) A person who receives a notice of violation under this Article may contest the
imposition of the civil penalty specifed 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 City Council 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 maybe attested to by affidavit of
an officer or employee of the City or of the entity with which the City contracts who is responsible
for inspecting and maintaining the system.
(f) An affidavit of an officer or employee of the City or 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
Section 18-242: and
(2) evidence of the Cacts contained in the affidavit.
(g) At the conclusion of the administrative adjudication hearing, the hearing officer shall
Page 7
s:\aur dceumen6\ordinances\OTsb 1112dm
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 ofno liability, a civil penalty for
the violation may not be imposed against the person.
(i) A finding of liability or a finding ofno liability entered under this section may:
(1) be filed with the clerk or secretary of the City or with a person designated by
the governing body of the City; and
(2) be recorded on microfilm or microfiche or using data processing techniques.
Sec. 18-241. Untimely Request for Administrative Adjudication Hearing.
Notwithstanding any other provision of this Article, a person who receives a notice of
violation under this Article 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) 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.
Sec. l8-242. 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 the judge of the Municipal Court by filing an appeal
petition with the clerk of the 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 Court.
(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.
Page 8
s:\our documents\ardinances\07\sb I I19.dm
(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 Court by trial de novo.
SECTION 2. If any section, subsection, paragraph, sentence, phrase or word in this
ordinance, or application thereof to-any person or circumstance, is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such
remaining portions despite any such invalidity.
SECTION 3. This ordinance shall become effective September 1, 2007.
PASSED AND APPROVED this the ~~ ~ day of , 2007.
~I v~ c/l~
PERR . McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
Page 9