G-07-09-13-10F1 - 9/13/2007 1
ORDINANCE NO. C"~I C -! ` /3-- 16T
AN ORDINANCE AMENDING CHAPTER 9, CODE OF
ORDINANCES, CITY OF ROUND ROCK, TEXAS, BY ADDING
SECTION 9.2400, TO IMPLEMENT AN AUTOMATED RED LIGHT
CAMERA PROGRAM; 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, Code of Ordinances, (1995 Edition) , City of
Round Rock, Texas is hereby amended by adding a new Section
9 . 2400 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—Any vehicle subject to registration pursuant to the Texas
Certificate of Title Act (Chapter 501 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—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. The term includes (i) a lessee of a motor vehicle
under a lease of 6 months or more; or (ii) the lessee of a motor vehicle rented or leased
from a motor vehicle rental or leasing company, but does not include the motor
vehicle rental or leasing company itself.
(5) Photographic Traffic Monitoring System—A system that consists of a camera and
vehicle sensor installed to work in conjunction with an electronically operated traffic-
control signal and that is capable of producing at least 2 recorded images of the license
plate attached to the front or rear of a motor vehicle not operated in compliance with
the instructions of the traffic-control signal.
0:\wdox\ORDINANC\070823B1.WPD/ps
(6) Recorded Image—An image recorded by a photographic monitoring system which
depicts the front or rear of a motor vehicle and is automatically recorded on a
photograph or digital image.
(7) Traffic Control Si nal—A traffic-control device that displays alternating red, amber,
and green lights that directs traffic when to stop at or proceed through an intersection.
9.2402 OFFENSE
(1) The City has found and determined that 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.
An offense under this section occurs when a motor vehicle to proceed into an
intersection when the traffic control signal for that vehicle's direction of travel is
emitting a steady red signal. The owner of the motor vehicle is liable for a violation of
this Section.
(2) The penalty for committing an offense 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. The civil penalty is $75.00
for the 3' and all subsequent violations within a 12-month period.
(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
MONITORING 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 must mail or cause to be
mailed a notice of violation to the owner of the motor vehicle liable for the civil penalty
within 30 days of the date that the violation is alleged to have occurred. The notice of
violation will be mailed to:
(a) The owner's address as shown on the registration records of the Texas
Department of Transportation; or
(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 where the violation occurred;
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(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 license plate number displayed on the license plate of the vehicle involved
in the violation;
(f) A copy of a recorded image of the vehicle involved in the violation showing the
license plate number;
(g) The amount of the civil penalty imposed for the violation;
(h) The date by which the civil penalty must be paid;
(i) A statement that a recorded image is evidence in a proceeding for the
imposition of a civil penalty;
(j) Information explaining to the person:
(i) The right to contest the imposition of the civil penalty in an
administrative adjudication;
(ii) The manner and time in which the civil penalty may be contested;
(iii) Failure to pay the civil penalty or contest liability in a timely manner is
an admission of liability;
(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.
(vi) A finding of liability in an administrative hearing or the failure to
appear at a scheduled administrative hearing will result in the
imposition of an additional $50.00 administrative hearing fee.
(k) A statement that if at the time and place of the violation the vehicle was being
operated by a person other than the owner, the owner may transfer liability for
the violation to the person who was operating the vehicle at that time and place
if the owner submits to the Department by either verifiable affidavit on a form
provided by the Department, or under oath at an administrative hearing, the
name and current address of the person:
(i) Operating the vehicle at the time and place of the violation;
(ii) Who was the lessee of the vehicle at the time of the violation if the
vehicle was rented or leased from a person in the business of renting or
leasing vehicles at that time; or
(iii) Who was the subsequent owner of the vehicle if ownership of the
vehicle was transferred by the owner before the time the violation
occurred.
(1) Any other information the Department deems necessary.
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(5) If it is determined, through affidavit or oath, that the motor vehicle was being operated
by a person other than the owner, the Department shall reissue notice of violation to
the actual operator with 15 business days of the determination.
(6) No notice of violation may be issued and 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 enforcement system.
(7) 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 license plate number.
(8) A notice of violation under this Section is presumed to have been received on the 10th
day after the date the notice was mailed. All notices will be mailed U.S. First Class
Mail, return receipt requested.
(9) In lieu of issuing notice of violation, the Department may issue a warning notice to the
owner that must contain the information in subsection 9.2403(4).
(10) 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.
9.2404 ADMINISTRATIVE HEARING OFFICER
(1) The City Manager shall appoint a hearing officer to conduct all administrative
adjudications under this Section.
(2) 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.
(3) The hearing officer shall act as a neutral presiding officer who conducts a full, fair, and
impartial hearing.
(4) The hearing officer shall be the exclusive trier of fact in all administrative adjudications
under this Section.
9.2405 ADMINISTRATIVE ADJUDICATION HEARING
(1) A person who receives a notice of violation under this Section may contest the
imposition of a civil penalty by requesting in writing an administrative adjudication of
the civil penalty within the time provided by the notice. The time provided by the
notice may not be less than 15 business days.
(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.
(4) The civil penalty may not be assessed if:
(a) After the hearing, the hearing officer enters a finding of no liability; or
(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 9.2403(4)(k).
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(5) A person who is found liable after an administrative adjudication hearing or who
requests an administrative adjudication hearing and fails to appear at the time and place
of the hearing is liable for administrative hearing costs in the amount of $50.00 in
addition to the amount of the civil penalty assessed for the violation
(6) 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 business days of the date of
the hearing.
(7) Standard of Proof and Certain Presumptions
(a) The standard of proof for the administrative adjudication 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.
(c) It is presumed that the registered owner of the vehicle is the person who was
operating the vehicle at the time and place of the violation.
(d) The reliability of the photographic control signal monitoring 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 contract 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 pertinent recorded image is:
(i) Admissible in a proceeding under this Section; and
(ii) Evidence of the facts contained in the affidavit.
(8) Notwithstanding anything else in this Section, 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:
(a) The person files an affidavit with the hearing officer attesting to the date on
which the person received the notice of violation that was mailed to the person;
and
(b) Within the same period required for a hearing to be timely requested measured
from the date the mailed notice was received as stated in the affidavit, the
person request an administrative adjudication hearing.
(9) 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 legible 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.
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(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.
(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.
(h) The vehicle was leased, rented, or otherwise in the care, custody, or control of
another person who can be named and or identified.
(i) The presence of ice, snow, unusual amounts of rain, or other unusually
hazardous road conditions existed that made compliance with the instructions of
the traffic-control signal more dangerous than non-compliance.
0) The person who received the notice of violation was not the owner of the
vehicle at the time of the violation.
(k) 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.
(10) 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:
(1) be filed with the clerk or secretary of the local authority or with a
person designated by the governing body of the local authority; and
(2) be recorded on microfilm or microfiche or using data processing
techniques.
9.2406 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:
(1) a justice court of the county in which the local authority is located; or
(2) if the local authority is a municipality, the municipal court of the
municipality.
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(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 appropriate department, agency, or office of the local authority
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.
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.
READ and APPROVED on first reading this the � - day of
2007 .
i'
READ, APPROVED and ADOPTED on second reading this the
3-thay of �., 2004C' y
WELL, Mayor
RoundRock, Texas
ANST•
1
CHRISTINE R. MARTINEZ, City Secret
7
DATE: September 6, 2007
SUBJECT: City Council Meeting - September 13, 2007
ITEM: *10F1. Consider an ordinance amending Chapter 9, Round Rock Code of
Ordinances (1995 Edition), adding Section 9.2400, authorizing the
City to implement an automated red light camera program.
(Second Reading)
Department: Police
Staff Person: Tim Ryle, Assistant Chief of Police
Justification:
At Council's direction last year, staff began to study the need for photographic traffic signal
enforcement. After reviewing available data, staff determined that the City has a problem
with motorists running red lights within the city limits.
This is the second reading of this ordinance that establishes red-light running as an
ordinance violation and outlines the parameters regarding how red-light enforcement as a
civil matter - including provisions for fines - will operate within the City. The first reading of
the ordinance was approved August 23, 2007.
Funding•
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
Automotive collisions in traffic intersections cause loss of life and injuries, as well as
significant property damage. The National Highway Traffic Safety Administration (NHTSA)
concluded that more than 9,000 people died and 1.5 million were injured in intersection
collisions in 2004. Of those collisions, 854 fatalities and more than 168,000 injuries resulted
from red-light running. Studies earlier this year reveal a number of intersections where red-
light running in the City is frequent.
Research shows that education, engineering improvements, and increased
enforcement can improve inter-section safety. The city will pursue engineering solutions
where appropriate and will educate the public about the dangers of red-light running.
Traditional law enforcement is difficult, however, because relatively few officers (who face
the same kinds of congestion in reaching violators that normal motorists do) are available
for this work.
Red light camera systems, however, include embedded vehicle detectors that detect
if a vehicle has entered the intersection when a signal is red. Roadside, mounted cameras
record images of the violation. Rear images are processed and reviewed at a central
location and, if the violation is confirmed by law enforcement, then a citation can be issued
to the vehicle's owner. Red Light Camera Systems can be a cost-effective tool to reduce red
light violations.
Public Comment: N/A