2004-389$:\Our Documents\Ordinances\04~Rcd Light.doc
ORDINANCE NO. ¢
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DENTON, BY AMENDING CHAPTER 18 TO ADD
ARTICLE IX AUTOMATED TRAFFIC SIGNAL ENFORCEMENT; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE
IMPOSITION OF CIVIL PENALTIES FROM A MINIMUM OF $75 TO A MAXIMUM OF
$150 FOR THIRD AND SUBSEQUENT OFFENSES; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the city of Demon, Texas ("City Council") 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 Denton, Texas ("Denton") 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 260,000 collisions and 240,000 injuries each year in the Untied 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 enforcemem programs have proven to reduce the number of red
light runners in that Washington, D.C. has reduced red light running by 68 percent and
Wilmington, Delaware has reduced red light riming by 62 percent 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 percent 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;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth above are incorporated imo the body of this
Ordinance as if fully set forth herein.
SECTION 2. Chapter 18 of the Code of Ordinances of the City of Denton, Texas, is
hereby amended to add Article IX Automated Traffic Signal Enforcement to read as follows:
ARTICLE IX AUTOMATED TRAFFIC SIGNAL ENFORCEMENT
See. 18-230. Definitions.
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In this article:
(1)
Department shall mean the Police Department of the City of
Denton, Texas.
(2)
Intersection shall mean the place or area where two or more streets
intersect.
(3)
Owner shall mean 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.
(4)
Photographic Traffic Signal Enforcement System shall mean a
system that:
(a)
consists of a camera system installed to work in
conjunction with an electrically operated traffic-control
signal; and
(b)
is capable of producing at least two recorded images that
depicts the license plate attached to the rear of a motor
vehicle that is not operated in compliance with the
instructions of the traffic-control signal.
(5)
Recorded Image means an image recorded by a photographic
traffic monitoring system that depicts the rear of a motor vehicle
and is automatically recorded on a photograph or digital image.
(6)
System Location means the approach to an intersection toward
which a photographic traffic monitoring system is directed and in
operation.
(7)
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.
Sec. 18-231. 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 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.
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(b) Except as provided in (c) and (d) below, the owner of a motor vehicle is
liable for a civil penalty of seventy-five dollars ($75) 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) For a third or subsequent violation committed by the owner of the same
motor vehicle during any 12-month period, the mount of the civil penalty shall be one
hundred fifty dollars ($150).
(d) A owner who fails to timely pay the civil penalty shall be subject to a late
payment penalty of twenty-five dollars ($25).
Sec. 18-232. Enforcement; procedures.
(a)
this article.
The Department is responsible for the enfomement and administration of
(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 not
later than the 30th day after the date the violation is alleged to have occurred 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 date, time, and location of the violation;
(3) a copy of a recorded image of the vehicle involved in the violation.
(4) the amount of the civil penalty to be imposed for the violation;
(5) the date by which the civil penalty must be paid;
(6)
a statement that the person named in the notice of violation may
pay the civil penalty in lieu of appearing at an administrative
adjudication hearing.
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(7)
information that informs the person named in the notice of
violation:
(A)
of the right to contest the imposition of the civil penalty in
an administrative adjudication;
(B)
of the manner and time in which to contest the imposition
of the civil penalty; and
(c)
that failure to pay the civil penalty or to contest liability is
an admission of liability;
(8)
a statement that a recorded image is evidence in a proceeding for
the imposition of a civil penalty;
(9)
a statement that failure to pay the civil penalty within the time
allowed shall result in the imposition of a late penalty of $25.00;
and
(10) any other information deemed necessary by the department.
(d)
A notice of violation under this article is presumed to have been received
on the l0th day after the date of notice of violation is mailed.
(e)
In lieu of issuing a notice of violation, the Department may mail a wanting
notice to the owner.
Sec. 18-233. Administrative adjudication hearing.
(a) A person who receives a notice of violation may contest the imposition of
the civil penalty by request in writing an administrative adjudication of the civil penalty
within fifteen (15) days after receipt of the notice of violation. Upon receipt of a timely
request, the Department shall notify the person of the date and time of the hearing on the
administrative adjudication. The administrative adjudication heating shall be held before
a heating officer appointed by the City Manager.
(b) Failure to pay a civil penalty or to contest liability in a timely manner is an
admission of liability in the full amount of the civil penalty assessed in the notice of
violation, and is a waiver of the right to appeal under section 18-2330).
(c) The civil penalty shall not be assessed if after a hearing, the hearing
officer enters a finding of no liability.
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(d) In an administrative adjudication hearing, the issues must be proved at the
heating 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 heating 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 after an administrative adjudication hearing
or who requests an administrative adjudication heating and thereafter fails to appear at
the time and place of the heating is liable for administrative hearing costs in the amount
of $25.00 in addition to the amount of the civil penalty assessed for the violation. A
person who is found liable for a civil penalty after an administrative adjudication hearing
shall pay the civil penalty and costs within 10 days of the hearing.
(f) It shall be an affirmative defense to the imposition of civil 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;
(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 operating 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 vohicle for which the plate had been issued;
(7)
the presence of ice, snow, unusual amounts of rain or other
unusually hazardous road conditions existed and would make
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compliance with this article more dangerous under the
circumstances than non-compliance; or
(8)
the person who received the notice of violation was not the owner
of the motor-vehicle at the time of the violation.
(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 must 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) NotwithstancFmg anything in this article to the contrary, a person who falls
to pay the amount of a civil penalty or to contest liability in a timely manner is entitled to
an administrative adjudication hearing on the violation if:
(1)
the person files an affidavit with the hearing officer stating the date
on which the person received the notice of violation that was
mailed to the person; and
(2)
within the same period required by Sec. 18-232(c)(7)(B) for a
hearing to be timely requested but measured from the date the
mailed notice was received as stated in the affidavit filed under
Subdivision (1), the person requests an administrative adjudication
hearing.
(i) A person who is found liable after an administrative adjudication hearing
may appeal that finding of civil liability to the Municipal Court by filing a notice of
appeal with the clerk of the Municipal Court. The notice of appeal must be filed not later
than the 31st day after the date on which the administrative adjudication hearing officer
entered the finding of civil liability. Unless the person, on or before the filing of the
notice of appeal, posts a bond in the amount of the civil penalty and any late fees, an
appeal does not stay the enforcement of the civil penalty. An appeal shall be determined
by the Municipal Court by trial de novo. The affidavits submitted under Section 18-
233(d) shall be admitted by the municipal judge in the trial de novo, and the issues must
be proved by a preponderance of the evidence. A person found liable by the Municipal
Court shall pay an appellate filing fee of $50.00 in addition to the civil penalty and any
other fees due the City.
Sec. 18-234. Order.
(a) The hearing officer at any administrative 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 civil penalty, late penalty, and administrative
adjudication cost assessed against the person.
(b) The orders issued under subsection (a) may be filed with the office of the
hearing examiner. The hearing examiner shall keep the orders in a separate index and
file. The orders may be recorded using microfilm, microfiche, or data processing
techniques.
Sec. 18-235. 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.
(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 the same violation of Section 544.007(d) of the
Texas Transportation Code recorded by the photographic traffic signal enforcement
system.
(c) An owner who fails to pay the civil penalty or to timely contest liability
for the penalty is considered to admit liability for the full amount of the civil penalty
stated in the notice of violation mailed to the person.
(d) The City Attorney is authorized to file suit to enfome collection of a civil
penalty imposed under this article.
Sec. 18-236. Traffic Safety Fund.
The penalties and fees collected from the imposition of civil liability under this
article shall be deposited in the Traffic Safety Fund account established by the City
Council. Funds from the Traffic Safety Fund may be expended only for the costs of
automated signal enforcement under this article, public traffic or pedestrian safety
programs, traffic enforcement and intersection improvements.
SECTION 3. That all provisions of the ordinances of the City of Denton in conflict with
the provision of this Ordinance be, and the same are hereby, repealed, and all other provisions of
the ordinances of the City of Denton not in conflict with the provision of this Ordinance shall
remain in full force and effect.
SECTION 4. That 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 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.
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SECTION 5. This ordinance providing for a penalty shall become effective fourteen (14)
days from the date of its passage, and the City Secretary is,hereby directed to cause the caption
of this ordinance to be published twice in the Denton Rec6rd-Chroniele, the official newspaper
of the City of Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the r~/~ dayof ~_~/2ff ,2004.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
APPROVED AS TO LEGAL FORM
HERBERT L. PROUTY
BY:
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