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HomeMy WebLinkAboutOrdinance 2946 ORDINANCE NO. 2946 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, AMENDING ARTICLE X OF CHAPTER 54 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES TO CONFORM TO THE REQUIREMENTS OF CHAPTER 707 OF THE TEXAS TRANSPORTATION CODE AS ENACTED BY THE TEXAS LEGISLATURE, 80TH SESSION AS SB 1119; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND PROVIDING FOR PUBLICATION. WHEREAS, the City is a home rule municipality with powers created by its charter, in addition to those granted by Sec. 542.201, 542.202, and Chapter 707, Texas Transportation Code; and WHEREAS, Ordinance 2911 established Article X of chapter 54 of the Code of Ordinances providing for photographic traffic signal surveillance and for civil enforcement thereof; and, WHEREAS, the Texas Legislature, 80th Session enacted S8 1119, effective September 1 2007 creating Chapter 707 of the Texas Transportation Code establishing requirements for photographic traffic signal enforcement systems which requires amendment of the city's ordinance to conform thereto; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That Sections 54-401, 54-402, 54-403, 54-404 and 54-407 of the North Richland Hills Code of Ordinances are hereby amended to read as follows: "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 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 depicts the license plate attached to the the front or the rear of a motor vehicle that is not operated in compliance with the instructions of the traffic-control signal. (5) 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. (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 and has the meaning assigned by Section 541.304, Texas Transportation Code. 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) below, the owner of a motor vehicle is liable for a civil penalty of seventy-five dollars ($75.00) if while facing a steady red signal displayed by an electrically operated traffic control signal the vehicle is operated in violation of the instructions of that traffic control signal, as specified by Section 544.007(d), Texas Transportation Code. (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). Sec. 54-403. Enforcement; procedures. (a) The Department is responsible for the enforcement and administration of this article. Ordinance No. 2946 Page 2 of 8 (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 (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) the name and address of the owner of the vehicle involved in the violation; (4) the registration number displayed on the license plate of the vehicle involved in the violation; (5) a copy of a recorded image of the vehicle involved in the violation; (6) the amount of the civil penalty to be imposed for the violation; (7) the number of days the person has in which to payor contest the imposition of the civil penalty and a statement that the person incurs a late payment penalty if the civil penalty is not paid or imposition of the penalty is not contested within that period; (8) a statement that the person named in the notice of violation may pay the civil penalty by mail sent to a specified address instead of appearing at the time and place of the administrative adjudication hearing; (9) information that informs the owner of the vehicle named in the notice of violations: (A) of the right to contest the imposition of the civil penalty In an administrative adjudication hearing; (8) that imposition of the civil penalty may be contested by submitting a written request for and administrative adjudication hearing before the expiration of the period specified by Section 54-404. Ordinance No. 2946 Page 3 of 8 (C) that failure to pay the civil penalty or to contest liability IS an admission of liability. (10) a statement that a recorded image is evidence in a proceeding for the imposition of a civil penalty; (11) 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; (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 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. (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 Council. The City Council shall have the right to appoint an alternate hearing officer to serve in the absence of the hearing officer. The hearing officer and the alternate hearing officer shall have authority to administer oaths and issue orders compelling the attendance of witnesses and the production of documents. (b) Failure to pay a civil penalty or to contest liability in a timely manner or a failure to appear at a requested administrative adjudication hearing is an admission of liability in the full amount of the civil penalty assessed in the notice of violation, and 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 Ordinance No. 2946 Page 4 of 8 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 shall pay the civil penalty within 10 days of the hearing, as shall a person who requests an administrative adjudication hearing and thereafter fails to appear at the time and place 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; (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. Ordinance No. 2946 Page 5 of 8 (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)(8) 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. The filing of an appeal staya 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 novo, and the issues must be proved by a preponderance of the evidence. A person found liable by the Municipal Court shall be liable for the civil penalty due the City." "Sec. 54-407 REVENUE FROM CIVIL PENALTIES The civil penalties collected under this article shall be utilized as provided by Section 707.008, Texas Transportation Code except for the appellate filing fee paid to the Municipal Court, and except for the amount retained for purchasing, leasing and maintaining the photographic traffic signal enforcement system and equipment and installing and operating the system, including general upkeep and functioning, cost of notices, processing of fine payments and collections and administrative adjudications and appeals, all revenue shall be divided equally with 50% to be deposited with the State Comptroller as required by sec. 797.008(a)(1) and the remaining 50% to be deposited in a special account of the city to be used only to fund traffic safety programs as required by sec. 707.008(a)(2), Texas Transportation Code." SECTION 2. That Article X of Chapter 54 of the North Richland Hills Code of Ordinances is hereby amended by adding a new Section 54.408 which shall read as follows: "Sec. 54-408 STUDIES, ADVISORY COMMITTEE, SELECTION CRITERIA OF INTERSECTIONS, REPORTS, SIGNAGE Ordinance No. 2946 Page 6 of 8 (a) A citizen advisory committee to be known as the "Red Light Camera Advisory Committee" is hereby created. Such committee shall consist of eight persons serving for one year terms expiring in June of each year, and the members of which shall consist of one person appointed annually by the Mayor and one appointed annually by each member of the city council. The committee shall advise the city council on the installation and operation of a photographic traffic signal enforcement system established under this Article. (b) Prior to the installation of a photographic traffic signal enforcement system at an intersection approach, a traffic engineering study of the approach shall be conducted 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. The results of such study shall be reported to the Red Light Camera Advisory Committee. (c) An intersection approach shall be selected for the installation of a photographic traffic signal enforcement system based on traffic volume, accident history, number or frequency of red light violations at the intersection and similar traffic engineering and safety criteria, without regard to the ethnic or socioeconomic characteristics of the area in which the approach is located. (d) Signs easily readable to any operator approaching an intersection clearly indicating the presence of a photographic monitoring system that records violations that may result in the issuance of a notice of violation and imposition of a monetary penalty shall be erected along each roadway that leads to an intersection at which a photographic traffic signal enforcement system is in active use. Such signs shall be located at least 100 feet from the intersection or located according to standards established in the manual adopted by the Texas Transportation Commission. (e) Before a photographic traffic signal enforcement system is installed at an intersection, a written report shall be compiled containing the number and type of traffic accidents that have occurred at the intersection during at least the previous 18 months. Such report shall be provided to the Texas Department of Transportation within six months of the date of the installation of the photographic traffic signal enforcement system at such intersection. (f) A report of the number and type of accidents at each intersection with a photographic traffic signal enforcement system shall be provided to the Texas Department of Transportation to determine whether the system results in a reduction in accidents or a reduction in the severity of accidents. Such report shall be in the form prescribed by the Texas Department of Transportation." SECTION 3. 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 to the extent of such conflict only, and all other provisions of the Ordinance No. 2946 Page 7 of 8 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 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. SECTION 5. This Ordinance shall take effect September 1, 2007. SECTION 6. 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 23rd day of July, 2007. .....~~~;.,.\;~:\\\w;m'm1.1nl¡!:". ~;~~'" c. f4¡ L4. -"/fi/"I. ,$,'ii .~ \ ............ /I! 1'1 ~ ~f'-' ~.m.~··..·~.. .~~...~ Æ~..fq?, "'" Á.,... n '.,,~ .~< t:5/ \'-r;-';~ ,.- ._",. r '(/) .- ~0 ::. \ j~~j ''J; oÀ::rTES~ .//'j',.!d ~.····:-¡:~-\?~t. , ',.:.I.·...;ØL·~ Patricia Hutson, City Secretary AS TO~ ZNT:/./.;;? / /" / tf L~ ---- e, Police Chief Ordinance No. 2946 Page 8 of 8 Star- Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (8] 7) 390-7761 Federal Tax ID 22-3148254 INVOICE 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: 28697623 Sales Rep: 073 Description: CITY OF NORTH RI Publication Dates: 7/30/07 -7/31/07 CIT13 286976231 7/31/07 Net due in 21 days 7/31/07 CITY OF NORTH RICHLAND HILLS 13580 94 94 LINE $0.36 $67.68 Net Amount: $67.68 THE STATE OF TEXAS County of Tarrant f i :<~~j(i~~!X~~~~~.~ d ;"', : , ! I ~~ "'. , '''J: (~~~ CHRISTY L. HOLLAND MY COM~~ISSION EXP!iiE3 JUI~ 31. 2Ü{)ij ~~ ---- _________I Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star-Telegram, published by the Star-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390-7501 Notary Public SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday, Augu Thank You For Your Payment ---------------------------------------------- Remit To: Star-Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: Customer Name: Invoice Number: Invoice Amount: CIT13 CITY OF N RICHLAND HIL 286976231 $67.68 PO Number: Amount Enclosed: $ - CITY OF NORTH RICH LAND HILLS ORDINANCE NO. 2946 An ordInance of the CIty of North Rlch- land Hills, amendIng Article X of Chapter 54 of the North Rlchland Hills Code of OrdInances to conform to the re- ~~~~~~n~~7 of t~: Texas Transporta_ tion Code as enacted ~u~~~ 16t~a~~:s~~s,; as SB 1119; proVid- Ing a severability ~~~~~:iv:r0J'~~~ng a~~ proVIdIng for' publi- catIon. ImposItIon of CIvil tTg,~':f'o:~r (a) The CIty' Council finds and determInes that a vehicle that f~~~:Ce:f~n'n~~e':,n th"; traffic control signal for that vehicle's dIrectIon of travel Is ~f"~~t/naa~~~:~y f~~ PU~lIc by endanger_ Ing motor vel11c1e operators and pe- ~:~:~~"s1~g <J!~~e'ef'ff- clency. of traffic control and traffic ~~~a~~Ogrtfhea"nc:,~ ber of serious accI- dents to whIch pUblic ~J:~~espon':P:r\!~~ expense of the tax- (Cf~~~~'Pt as Provided In (c) below, the owner of a motor vehIcle Is liable for a cIvil penalty ofl sevéntY-flve dollars ($75.00) If while facIng a steady red sIgnal disPlayed by an electrically oper- ated traffic control sIgnal the vehicle is ~f~~~t~~~~u~ty~~~~~ that traffic' control sIgnal, aSSPftCmed ~.007(d), S1-~x~~ Transportation Code. (c) An owner who falls to timely pay the civil penalty shall be subJect to a late payment penalty of tr.entY-flve dollars P~s~~¡f~';d Approved on thIs 23rd day of JU'l$Æ~~~¡. Trevino Oscar TrevIno - , Mayor ATTn.;' ,;, P' , 501\ ~~rl(. *. Clt~æó~~ÓaryAS"Í'ò AfoRM AND LEGAL- 1:J~,. :tePfes ~;__..s - Cltÿ Rtilméy