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HomeMy WebLinkAbout027136 ORD - 01/30/2007AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 53, TRAFFIC, BY ESTABLISHING AN AUTOMATED RED LIGHT ENFORCEMENT PROGRAM; PROVIDING FOR SEVERANCE, PROVIDING FOR PUBLICATION, AND PROVIDING FOR PENALTIES. WHEREAS, drivers and pedestrians are put at risk in the City of Corpus Christi due to certain vehicles proceeding into an intersection when the traffic control signal for that vehicle is emitting a steady red. and WHEREAS, these vehicles also cause problems 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; and WHEREAS, the City of Corpus Christi wants to change the aggressive behavior of these vehicles' drivers by enacting an ordinance to monitor select intersections with automated ed -light enforcement t. ameras THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 5:1, Traffic is amended by adding Article X, Automated Red Light Enforcement_ to read as follows ARTICLE X. AUTOMATED RED LIGHT ENFORCEMENT Sac. 53-267. Definitions. In this article: I a) `Department" means the Police Department of the City of Corpus Christi, Texas. 4 J "Intersection" means the place or area where two (2) or more streets intersect. k,c) "Owner" means 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 "owner" 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 d) 'Photographic traffic monitoring system" means a system that: (1) consists of a camera and vehicle sensor installed to work in conjunction with an electrically operated traffic control signal. and (2) is capable of producing at least two recorded images that depict 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. e) 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. (t) System location ' means the approach to an intersection toward which a photographic traffic monitoring system is directed and in operation. 41.- "Traffic control signal" means 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. 53-268. Imposition of civil penalty for creatine dangerous intersections. (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 subsection (c) of this section, the owner of a motor vehicle is liable for a civil penalty of $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 of this article committed by the owner of the same motor vehicle during any 12 -month period, the amount of the civil penalty shall be S150.00. Soc. 53-269. Enforcement; procedures. (a) In order to impose a civil penalty under this article, the Department shall mail 4 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 (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, OA_A notice of violation issued under this article shall contain the following: (1) a description of the violation alleged, (2) the location of the intersection where the violation occurred; (3) the date and time of the violation (4) the name and address of the owner of the vehicle involved in the violation; (5) the registration number displayed on the license plate of the vehicle involved in the violation; (6) a copy of a recorded image of the vehicle involved in the violation that depicts the registration number displayed on the license plate of that vehicle; (I__ the amount of the civil penalty to be imposed for the violation; (81 the date by which the civil penalty must be paid; (9) a statement that a recorded image is evidence in a proceeding for the imposition of a civil penalty, (10) information that informs the person named in the notice of violation: a. of the person's right to contest the imposition of the civil penalty against the person in an administrative adjudication; b. of the manner and time in which imposition of the civil penalty may be contested: that failure to pay the civil penalty or to contest liability in a timely manner is an admission of liability and that failure to appear at an administrative adjudication hearing after having requested a hearing is an admission of liability. d. that failure to pay the civil penalty within the time allowed shall result in the imposition of a late -payment fee of $25.00; and (11) a statement that, if at the time and place of the violation the vehicle was being operated by a person other than the owner, if the owner is a natural person, the owner may transfer liability for the violation to the person who was operating 3 the vehicle at that time and place if the owner submits to the City by affidavit, on a form provided by the City, or under oath at an administrative adjudication hearing the name and current address of the person: a, operating the vehicle at the time and place of the violation; b 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 motor vehicles at that time. or c who was the subsequent owner of the motor vehicle, if ownership of the vehicle was transferred by the owner before the time of the violation. (c) 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. (d) in lieu of issuing a notice of violation, the Department may mail a warning notice to the owner that in Addition to any other information contained in the warning notice, must contain the information required by subsection (b). Sec. 53470. Administrative adjudication hearing. (a) A person who receives a notice of violation under this article may contest the imposition of the civil penalty by requesting in writing an administrative adjudication of the civil penalty within the time provided in the notice (which period shall not be less than 15 days following the mailing of the notice. Upon receipt of the 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. La_ 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 constitutes a waiver of the right to appeal under Sec. 53-270(k). i.4.- Failure to appear at an administrative adjudication hearing after having requested a hearing is an admission of liability for the full amount of the civil penalty assessed in the notice of violation and constitutes a waiver of the right to appeal under Sec. 53-270(k). tdh. A person who fails to pay a civil penalty within the time allowed by this article shall be additionally liable for a late -payment penalty in the amount of $25.00. tem The civil penalty shall not be assessed if After a hearing, the hearing officer enters a finding of no liability; or 4 2 Within the time prescribed in the notice of violation, the person against whom the civil penalty 4s to be assessed submits the proof described in Sec. 53- 269(b)(1.1).- (0 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 $50.00 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 p.enalty and costs within 10 days of the hearing. g 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 -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 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, is evidence of the facts contained in the affidavit and is prima facie evidence of the violation alleged in the notice of violation (h) It shall be an affirmative defense to 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 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 a stolen plate and being displayed on a motor vehicle other than the motor vehicle for Which the plate had been issued; or 5 (7) if the owner of the vehicle is a natural person, the vehicle was being operated by_a. person other than the owner of the vehicle. (8) 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. (i) 7 o 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. t) 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: (I) 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. 53-269(c)(10)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. (k) A person who is found liable after an administrative adjudication hearing may meal that finding of liability to the Appellate Officer designated by the City Council "Appellate Officer" by filing a notice of appeal with the Appellate Officer. 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 liability and shall be accompanied by the payment of an appellate filing fee of $50.00. 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 Appellate Officer by trial de novo. The affidavits submitted under Sec. 53-270(g) shall be admitted by the Appellate Officer in the trial de novo, and the I slues must be proved by a preponderance of the evidence. Sec. 53-271. Effect of liability; exclusion of civil remedy; enforcement. Via) fhe imposition of a civil penalty under this chapter is not a conviction and may not be considered a conviction for anypurpose. (b) The Department may not impose a civil penalty under this article on the owner of a moor vehicle if the operator of the vehicle was arrested or was issued a citation and notice to appear by a peace officer for a violation of Section 544.007(d) of the Texas Transportation Code recorded by the traffic -control signal monitoring system. 6 tc) ['he City Attorney is authorized to file suit to enforce collection of a civil penalty assessed under this article SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word provision of this ordinance shall be held invalid or unconstitutional by final judgment (yf a court of competent jurisdiction_ it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be giy en full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the ('ity of Corpus Christi. SECTION 4. Penalties are as provided in this Chapter. 7 That the foregoing or i reading on this the Utenry Garrett Brent Chesney Melody Cooper terry (iarcia Bill Kelly t c% ce was read for the first time and passed to its second day of —5-A+ , 2007, by the following vote: Rex A. Kinnison John E. Marez Jesse Noyola Noyola(�Q Mark Scott That the fore oing ordinanc was read for the second time and passed finally on this the day of��, 2007, by the following vote: Henry Garrett Brent Chesney Melody Cooper Jere, (iarcia Bill Kelly PASSED AND APPROVED, this the Rex A. Kinnison 4 -- John E. Marez JAV____ Jesse Noyola 4 OJ Mark Scott _4_4E_ day of ATTEST: CITY OF C RPUS CHRISTI Armando Chapa City Secretary Approved as to legal form By: r' Joseph arney Assistant City Attorney For City Attorney 2007. He Garrett Mayor 2007; ."2 7 1 3 F EFFECTIVE DATE 1205 G1 8 State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5665602 PO# Before me, the undersigned, a Notary Public, this day personally came Sandra Orum, who being first duly sworn, according to law, says that she is Legal Sales Representative of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks. Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak. Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy-, was inserted in the Corpus Christi Caller -Times and on the World Wide Web on the Caller -Times Interactive on the 5TH day(s) of FEBRUARY, 2007. $88.02 ;,,. CHEL E JC yC( CABR 4 h9Y CC"SRM 4 .ri"+ EXPiFi March ? 2008 0101-1e6-eu 0.4,t-vt.J Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date of Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. February 5 2007 POTICE OF PASSAGE OF ORDINANCE NO. 027136 Amending the Cohde of Ordinances, ter 53, Traffic, by establishing an Automated Red Light 'I Enforcement Program;i providing fon and publication; providing for penalties. This ordinance was passed and approved bythe Cityof °uncil Corpus of I the City Christi on January 30, 2007. /s/ Armando Chapa City Secretary City of Corpus Christi