HomeMy WebLinkAboutOrdinance 2911
ORDINANCE NO. 2911
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS,
AMENDING THE NORTH RICH LAND HILLS CODE OF ORDINANCES
OF THE CITY OF NORTH RICHLAND HILLS, BY AMENDING
CHAPTER 54, TO ADD ARTICLE X. AUTOMATED TRAFFIC SIGNAL
ENFORCEMENT; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR THE IMPOSITION OF
CIVIL PENALTIES AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City is a home rule municipality with powers created by its charter, in
addition to those granted by Sec. 542.201 and 542.202, Texas
Transportation Code; and
WHEREAS, the installation of red light cameras and the creation of civil penalties for
running red lights will promote public safety; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
SECTION 1. That Chapter 54 of the North Richland Hills Code of Ordinances of the
City of North Richland Hills, Texas is hereby amended by adding a new
Article X, which shall read as follows:
"ARTICLE X.
AUTOMATED TRAFFIC SIGNAL ENFORCEMENT
Sec. 54-401.
Definitions.
In this article:
(1) Department shall mean the Police Department of the City of North
Richland Hills, 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
Ordinance No. 2911
Page 1 of 7
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. 54-402. 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.
(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 ($75.00) 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) For a third or subsequent violation committed by the owner of the same motor
vehicle during any 12-month period, the amount of the civil penalty shall be one
hundred fifty dollars ($150.00).
(d) An owner who fails to timely pay the civil penalty shall be subject to a late
payment penalty of twenty-five dollars ($25.00).
Sec. 54-403. 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, a notice of violation shall be
mailed 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
Ordinance No. 2911
Page 2 of 7
(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;
(7) information that informs the person named in the notice of violations:
(A) of the right to contest the imposition of the civil penalty in an
administrative adjudication;
(8) of the manner and time in which to contest liability is an admission
of liability; 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;
(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
10th 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.
Sec. 54-404. Administrative adjudication hearing.
Ordinance No. 2911
Page 3 of 7
(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 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
hearing shall be held before a hearing 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 54-404(i).
(c) The civil penalty shall not be assessed 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
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 after an administrative adjudication hearing or who
requests an administrative adjudication hearing and thereafter fails to appear at
the time and place of the hearing 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 instruction of the traffic-
control signal so as to yield the right-of-way to an immediately
approaching authorized emergency vehicle;
Ordinance No. 2911
Page 4 of 7
(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 stolen
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;
(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) Notwithstanding anything in this article to the contrary, a person who fails 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. 54-403(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. A $100 filing fee must accompany
the appeal. 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
fining 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, and
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 54-404(d) shall be admitted by the municipal judge in the trial de
Ordinance No. 2911
Page 5 of 7
novo, and the issues must be proved by a preponderance of the evidence. A
person found liable by the Municipal Court shall forfeit the appellate filing fee of
$100.00 in addition to the civil penalty and any other fees due the City.
Sec. 54-405 Order.
(a) The hearing officer at any administrative adjudication hearing under this article
shall issue an order stating:
(1) whether the person charged with the violation is liable for the violation;
and
(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. 54-406 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 enforce collection of a civil penalty
imposed under this article.
Sec. 54-407 Traffic Safety Fund.
(a) The penalties and fees collected from the imposition of civil liability under this
article, except for the appellate filing fee paid to the Municipal Court, shall be
deposited in the Traffic Safety Fund account established by the City Council.
(b) 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, intersection improvements and other uses
as determined on an annual basis by resolution of the City CounciL"
Ordinance No. 2911
Page 6 of 7
SECTION 2. That all provisions of the ordinances of the City of North Richland Hills 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 North
Richland Hills not in conflict with the provisions of this ordinance shall
remain in full force and effect.
SECTION 3. 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.
SECTION 4. This Ordinance shall take effect immediately from and after its passage.
SECTION 5. The City Secretary is hereby authorized and directed to cause the
descriptive caption and 54-402 hereof to be published.
PASSED AND APPROVED this the 13th day of November, 200
CITY
ATTEST:
Ød6tlt<d~
Patricia Hutson, City Secretary
George . Staples, City Attorney
c in and for said County and State, this day personally appeared Christy I. Holland, Bid and Legal Coordinator
¡Iished by the Star-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and
INVOICE
Star- Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817) 390-7761
Federal Tax ID 22-3148254
Customer ID:
Invoice Number:
Bill To:
CITY OF N RICHLAND HILLS/SECRET
PO BOX 820609
NORTH RICHLAND HILLS, TX 76182-
Invoice Date:
Terms:
Due Date:
PO Number:
Order Number:
Sales Rep:
Description:
Publication Dates:
Location ..
Col. Depth Linage
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CITY OF NORTH RICHLAND HILLS
13580
93
93
LINE
CITY OF NORTH
RICHLAND HILLS
ORDINANCE
NO. 2911
An ordinance of the
~¡¡rs of ~~~~d~~chl~g~
North Richlan~ Hills
Code of ordirances
of the City 0 North
Richland Hills, ~
rom~~gin,.\lrt961~p~r ~u~
tomated Traffic Signal
Enforcement; provid-
Ing a repealing clause;
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providing an effective
date.
Imposition <?f Civil
Penalty for Violations:
(Wnd~h~ncfr~t2~~~~~
that a vehicle that
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traffic control signal
for that vehicle's di-
rection of travel is
emitting a steady red
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alike. by decreasing
the efficiency of traffic
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s¡ ,to whiçh public safety
agencIes must ra-
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(f (b) Except as provided
in (c) and (d) below,
the owner of a motor
vehicle is liable for a
~~~I _li'j'~alty o~oft~~~
($7~.00) if the motor
S ~~hi~ref;g¿¡?~~S aitnt~
system location when
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travel is emitting a
(¿)tea~6r re~ sl~~r~ or
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, owner of the same
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the amount of t~e civil
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dollars ($25.00).
Passed and Approved
on this 13th day of
November, 2006.
IslOscar Trevino
5?ftl='s1[evino - Mayor
,lslPatricia HutsonPa-
I tncia Hutson - City
I AY,'þcÁ'6~}ËD AS TO
FORM AND LEGAL-
, ITY:
IslGeorge Staples
George Staples - City
Attorney
Net Amount:
"0' ,f eo .d'e",emoot w"' PUbI"h7j .b7 "mod ~pe' eo the Ii~te'
Signed (/ ~
RN TO BEFORE ME, THIS Friday, November 24, 2006.
Notary Public
ú..d ß.-..
mf Payment
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277427281
11/18/06
Net due in 21 days
11130/06
27742728
073
CITY OF NORTH RI
11/17/06 -11/18/06
:~t~
. Amount
$0.36
$66.96
$66.96
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Customer ID:
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Invoice Number:
Invoice Amount:
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CITY OF N RICHLAND HlL
277427281
$66.96
PO Number:
Amount Enclosed: $