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
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(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
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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
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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
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(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.
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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.
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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