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G-08-08-14-7A1 - 8/14/2008ORDINANCE NO. q - DU , O - )4 —71s4 AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.2400, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING AUTOMATED RED LIGHT ENFORCEMENT; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That Chapter 9, Section 9.2400, Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: SECTION 9.2400 AUTOMATED RED LIGHT ENFORCEMENT 9.2401 DEFINITIONS The following words and phrases when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this Section, except when the context otherwise requires. Whenever any words and phrases used herein are not defined herein but are defined in the state laws regulating the operation of vehicles, any such definition therein shall be deemed to apply to such words and phrases used herein, except when the context otherwise requires. (1) Department—The Police Department of the City of Round Rock or its designated agent. (2) Motor Vehicle or Vehicle—A self propelled device that can be used to transport or draw persons or property on a highway. The term does not include: a device exclusively used on stationary rails or tracks; manufactured housing as defined by Chapter 1201 of the Texas Occupation Code; an electric bicycle; or an electric personal assistive mobility device as defined by Section 551.201 of the Texas Transportation Code. (3) Notice of Violation—A notice mailed to a person identified as having violated this Section and that complies with the content requirements set out in Section 9.2403(4). A notice of violation is not a criminal citation. (4) Owner or Registered Owner—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. (5) Photographic Traffic Signal Enforcement System—A system that consists of a camera system and vehicle sensor installed to exclusively work in conjunction with an electrically operated traffic -control signal and that is capable of producing at least 2 0:\WDOX\ORDINANC\080814A1.DOC/sal recorded images of 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. (6) Recorded Image—A photographic or digital image that depicts the front or rear of a motor vehicle. (7) Traffic Control Signal—A manual, electric, or mechanical device that alternately directs traffic to stop and to proceed. 9.2402 VIOLATION (1) The City has found and determined that the creation of dangerous intersections by motorists running red lights is a serious public safety concern. When a vehicle proceeds into an intersection when the traffic control signal for that vehicle's direction of travel is emitting a steady red signal the public safety of vehicle operators and pedestrians alike is implicated, the efficiency of traffic control and traffic flow efforts are reduced, and the number of serious accidents to which public safety agencies must respond at the expense of the taxpayers is increased. A violation under this section occurs when a motor vehicle, facing only a steady red signal displayed by an electrically operated traffic -control signal, fails to stop at a clearly marked stop line and, if not turning, remain standing until an indication to proceed is shown. In absence of a stop line, the vehicle must stop before entering the crosswalk on the near side of the intersection. After stopping, standing until the intersection may be entered safely, and yielding the right-of-way to pedestrians lawfully in an adjacent crosswalk and other traffic lawfully using the intersection, the motor vehicle may turn right or may turn left if the intersecting streets are both one-way streets and a left turn is permissible. The owner of the motor vehicle is liable for a violation of this Section unless the presumption established under Section 9.2404(6)(c) is rebutted as provided therein or an affirmative defense listed in Section 9.2404(8) is proved. (2) The penalty for committing a violation under this Section is a non -criminal violation for which a civil penalty will be assessed. The imposition of a civil penalty under this Section is not a conviction and may not be considered a conviction for any purpose. (3) The civil penalty for which the owner is liable is $75.00. (4) A person who fails to pay a civil penalty within the time in this Section is additionally liable for a late -payment fee of $25.00. 9.2403 ADMINISTRATION AND ENFORCEMENT OF PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM (1) The Department is responsible for the enforcement and administration of this Section. (2) All enforcement records, including a recorded image resulting from a photographic traffic enforcement system are confidential to the extent allowed by state law. (3) To impose a civil penalty under this Section, the Department, not later than the 30th day after the date the violation is alleged to have occurred, must mail or cause to be mailed a notice of violation to the owner of the motor vehicle liable for the civil penalty. The notice of violation shall be mailed to: (a) The owner's address as shown on the registration records of the Texas Department of Transportation; or 2 (b) 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. (4) A notice of violation must contain the following information: (a) A description of the violation alleged; (b) The location of the intersection where the violation occurred; (c) The date and time of the violation; (d) The name and address of the owner of the vehicle involved in the violation; (e) The registration number displayed on the license plate of the vehicle involved in the violation; (f) A copy of a recorded image of the violation limited solely to a depiction of the area of the registration number displayed on the license plate of the vehicle involved in the violation; (g) The amount of the civil penalty for which the owner is liable; (h) 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 penalty if the penalty is not paid or imposition of the penalty is not contested within that period; (i) 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. (j) A statement that a recorded image is evidence in a proceeding for the imposition of a civil penalty; (k) Information explaining to the person: (i) The right to contest the imposition of the civil penalty in an administrative adjudication hearing; (ii) The manner and time in which the civil penalty may be contested; (iii) Failure to pay the civil penalty or contest liability for the penalty in a timely manner is an admission of liability and a waiver of the person's right to appeal the imposition of the penalty; (iv) Failure to appear at a requested administrative hearing is an admission of liability and constitutes a waiver of the right to appeal under subsection 9.2405; (v) Failure to pay the civil penalty in a timely manner may result in the imposition of a late payment fee of $25.00. (1) A statement that informs the person of the presumption, the evidence required to rebut the presumption and the duty imposed on persons who are in the business of renting or leasing motor vehicles as contained in Section 9.2404(6)(c). 3 (5) (m) A statement that if the owner of the motor vehicle fails to timely pay the amount of the civil penalty imposed against the owner, an arrest warrant may not be issued for the owner and the imposition of the civil penalty may not be recorded on the owner's driving records; and (n) Any other information the Department deems necessary. No civil penalty may be imposed if the Department determines that the motorist was arrested, was issued a criminal citation and notice to appear, or was issued a warning by a duly authorized peace officer for a violation of section 544.007(d) of the Texas Transportation Code for the same incident recorded by the photographic traffic signal enforcement system. (6) No notice of violation may be issued if the quality of the image captured by the system is so inferior as to prohibit positive identification of the registration number displayed on the license plate of the vehicle involved in the violation. (7) A notice of violation under this Section is presumed to have been received on the 5th day after the date the notice was mailed. All notices will be mailed U.S. First Class Mail. (8) In lieu of issuing notice of violation, the Department may issue a warning notice to the owner. (9) The City Attorney is authorized to file suit to enforce collection of a civil penalty and any other fees or penalties assessed under this Section if the person liable fails to remit payment in a timely manner. (10) Failure to pay the civil penalty or contest liability for the penalty in a timely manner is an admission of liability and a waiver of the person's right to appeal the imposition of the penalty. (11) When a payment of the civil penalty and any late payment fee or other costs is made by a credit or debit card, an additional cost in the amount of 2% of the total payment shall be assessed and must be paid. By submitting such a payment, the person consents to the cost being assessed. 9.2404 ADMINISTRATIVE ADJUDICATION HEARING (1) A person who receives a notice of violation under this Section may contest the imposition of a civil penalty by filing a written request for an administrative adjudication hearing within the time provided by the notice. The time provided by the notice may not be earlier than the 306' day after the date the notice of violation was mailed. (2) The Department will notify the person of the date and time of the hearing within 10 business days of the receipt of the request for an administrative hearing. (3) The administrative adjudication hearing will be held before a hearing officer appointed by the City Manager. The hearing officer shall have the authority to administer oaths and issue orders compelling the attendance of witnesses and the production of documents to the extent necessary to fulfill the obligations of that office. (4) The civil penalty may not be assessed if: (a) After the hearing, the hearing officer enters a finding of no liability; or 4 (5) (b) Within the time prescribed in the notice of violation, the person against whom the civil penalty is to be assessed submits the proof described in 9.2404(6)(c). A person who is found liable after an administrative adjudication hearing or who requests an administrative adjudication and fails to appear at the time and place of the hearing must pay the civil penalty and the costs within 10 days after the date of the hearing. (6) Standard of Proof and Certain Presumptions (a) The standard of proof at the administrative adjudication hearing is by a preponderance of the evidence. (b) The Texas Department of Transportation's computer-generated record of the registered vehicle owner is prima facie evidence of the contents of the record and is admissible as evidence in the hearing. (c) It is presumed that the registered owner of the motor vehicle depicted in the photograph or digital image taken by the photographic traffic signal enforcement system committed the violation alleged in the notice of violation mailed to the person If, at the time of the violation, the motor vehicle 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, this presumption is rebutted by evidence establishing the vehicle was at that time: (i) being test driven by another person who is not an employee of the owner; (ii) being rented or leased by the vehicle's owner to another person; or (iii) owned by a person who was not the person named in the notice of violation. The presentation of such evidence must be made by affidavit, through testimony at the administrative adjudication hearing under this Section, or by a written declaration under penalty of perjury. The affidavit or written declaration may be submitted by mail to the City at the address specified in the notice of violation. If this presumption is rebutted by the evidence submitted above, a civil penalty may not be imposed on the owner of the vehicle if the owner is in the business of selling, renting, or leasing motor vehicles or the person named in the notice of violation if the vehicle was not owned by that person at the time of the violation. Additionally, if, at the time of the violation, the motor vehicle 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 the name and address of the individual who was renting or leasing the motor vehicle and a statement of the period during which that individual was renting or leasing the vehicle. The owner shall provide this information 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 and the City may send a notice of violation to that individual at the address provided by the owner of the motor vehicle. (d) The reliability of the photographic traffic control signal enforcement system used to produce the recorded image of the violation may be attested to in an 5 (7) 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. (e) An affidavit of an officer or employee of the City that alleges a violation based on an inspection of the applicable recorded image is: (i) Admissible in a proceeding under this Section; and (ii) Evidence of the facts contained in the affidavit. Notwithstanding anything else in this Section, a person who fails to timely pay the amount of a civil penalty or fails to timely request an administrative adjudication hearing is entitled to an administrative adjudication hearing if: (a) 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 (b) 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 9.2403(4)(h). (8) Affirmative Defenses The following, if proved by a preponderance of the evidence, are affirmative defenses to liability under this Section: (a) The traffic control signal was not in proper position and sufficiently visible to an ordinarily observant person. (b) The operator of the vehicle was acting in compliance with a lawful order or direction of a police officer. (c) The operator of the vehicle was part of a funeral procession. (d) The operator of the vehicle violated the instructions of the traffic -control signal so as to yield the right-of-way to an immediately approaching authorized emergency vehicle. (e) The vehicle was being operated as an authorized emergency vehicle under Chapter 546 of the Texas Transportation Code and the operator was acting in compliance with that chapter. (f) The vehicle was stolen and was being operated by someone other than the owner of the vehicle and without the owner's effective consent and the owner has filed an official report of the incident with the appropriate law enforcement agency. (g) The license plate depicted in the recorded image of the violation was stolen and being displayed on a vehicle other than the vehicle for which it was issued and the owner has filed an official report of the incident with the appropriate law enforcement agency. (h) The vehicle was leased, or rented under a written contract and the leasing or rental company provides the affidavit, testimony or declaration as required by in Section 9.2404(6)(c). 6 (i) The person who received the notice of violation was not the owner of the vehicle at the time of the violation and the person who received the notice provides the affidavit, testimony or declaration as required by Section 9.2404(6)(c). (j) The owner was arrested, was issued a criminal citation and notice to appear, or was issued a warning by a duly authorized peace officer for a violation of section 544.007(d) of the Texas Transportation Code recorded by the photographic traffic enforcement system. (9) Finding of Hearing Officer (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: (i) be filed with the City Secretary; and (ii) be recorded on microfilm or microfiche or using data processing techniques. (10) Failure to appear at a requested administrative hearing is an admission of liability and constitutes a waiver of the right to appeal under subsection 9.2405. 9.2405 APPEALS FROM ADMINISTRATIVE ADJUDICATION HEARING (a) The owner of a motor vehicle determined by a hearing officer to be liable for a civil penalty may appeal that determination to a judge by filing an appeal petition with the clerk of the court. The petition must be filed with the Round Rock Municipal Court. (b) The petition must be: (i) 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 (ii) accompanied by payment of the costs required by law for the court. (c) The court clerk shall schedule or cause to be scheduled a hearing and notify or caused to be notified 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 court by trial de novo. 7 The provisions of Section 9.2404(6) and Section 9.2404(8) apply to the hearing. At the conclusion of the hearing, the judge shall enter a finding of liability for the civil penalty or a finding of no liability for the civil hearing. A finding under this subsection must be in writing and be signed and dated by the judge. A finding of liability for a civil penalty must specify the amount of the civil penalty for which the person is liable. If the judge enters a finding of no liability, a civil penalty for the violation may not be imposed against the person. A person who is found liable after the hearing must pay the civil penalty and the costs within 10 days after the date of the hearing at the address specified in the notice of violation. A person who files an appeal petition and fails to appear at the scheduled time and place of the hearing thereby admits liability and must pay the civil penalty specified by the judge within 10 days after the scheduled date of the hearing at the address specified in the notice of violation. II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 8 Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this day of , 2008. Alternative 2. % READ and APPROVED on first reading this the "t J day of , 2008. READ, APPROVED and ADOPTED on second reading this the day of ALAN MCGRAW, Mayor City of Round Rock, Texas SARA L. WHITE, City Secretary 9 DATE: August 6, 2008 SUBJECT: City Council Meeting — August 14, 2008 ITEM: 7A1. Consider an ordinance amending Chapter 9, Section 9.2400 of the Code of Ordinances relating to Automated Red Light Camera Enforcement (Second Reading) Department: Staff Person: Justification: Police Tim Ryle, Assistant Chief of Police The proposed ordinance revision amends the existing ordinance governing automated enforcement of traffic lights in the City of Round Rock. This ordinance establishes the running of red lights as captured by automated equipment to be an ordinance violation subject to a civil penalty of $75.00. The revisions clarify some definitions used in the ordinance, what constitutes a violation, the information which must be contained in violation notices, and the conduct of administrative adjudication hearings associated with violations of this ordinance. Funding: Cost: NA Source of funds: NA Outside Resources: None Background Information: Intersection safety is an issue in Round Rock. On average, crashes resulting from red-light running are more deadly and result in more damage than other types of crashes at signalized intersections. In December 2006, staff from Public Works, the Police Department, Finance, Municipal Court, Legal and Transportation Services formed a team to investigate the extent of the red light -running problem in Round Rock, intersection safety and red-light running countermeasures. This winter, City Staff performed an exhaustive review of proposals from vendors seeking to operate this program. Staff plans later this month to seek authorization for a vendor to implement and operate this program for the City. Public Comment: None