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Home My WebLink About027399 ORD - 08/28/2007AN ORDINANCE AMENDING CHAPTER 53, ARTICLE X. AUTOMATED RED LIGHT ENFORCEMENT, OF THE CODE OF ORDINANCES BY REVISING THE PROVISIONS REGARDING CIVIL PENALTIES, ENFORCEMENT PROCEDURES, THE HEARING PROCESS, AND APPEALS; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; PROVIDING FOR PENALTIES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 53, Article X., Automated Red Light Enforcement, is revised to read as follows: ARTICLE X. AUTOMATED RED LIGHT ENFORCEMENT Sec. 53-297. Imposition of civil penalty for creating 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, and is operated in violation of the instructions of that traffic -control signal. (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, as specified by Texas Transportation Code Section 544.007(d). Sec. 53-298. Enforcement; procedures. (a) The Department is responsible for the enforcement and administration of this article. In order to impose a civil penalty under this article, the Department shall 027399 mail a 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: * * * (b) A notice of violation issued under this article shall contain the following: * * * (6) a copy of a recorded image of th vehicle -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; (7) the amount of the civil penalty for which the owner is liable; (8) = - . - - -' ' . _ _ _ _ ... the number of days the person has in which to pay or contest the imposition of the civil penalty and a statement that the owner may elect to pay the civil penalty by mail instead of appearing at an administrative hearing; * * * (12) a statement that failure to timely pay the civil penalty imposed against the owner will not result in an arrest warrant being issued and that the civil penalty may not be recorded on the person's driving record. Sec. 53-299. 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 thirty (30) days after the date the violation was mailed = _ - - • - _ 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. The hearing officer has the authority to administer oaths and issue orders compelling the attendance of witnesses and the production of documents. * * * • (f) 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 penalty and costs within 10 days of the hearing. A finding under this subsection must be in writing, signed, and dated by the hearing officer. * * * (j) Notwithstanding anything in this article to the contrary, a person who receives a notice of violation under this article and 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 a written request and 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. 53-298(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 appeal that finding of liability to th City's municipal court by filing a notice of appeal with the Appellate -Aglow clerk of the Court who will schedule the hearing and notify the parties. 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. • n appeal does -not stays the enforcement and collection of the civil penalty. The person shall file a notarized statement of personal financial obligation to perfect the appeal. An appeal shall be determined by the Appellate-8fser municipal court by trial de novo. The affidavits submitted under Sec. 53-299(g) shall be admitted by the Appellate -Officer municipal court in the trial de novo, and the issues must be proved by a preponderance of the evidence. * * * Sec. 53-301 Traffic safety fund. (a) Not later than the 60th day after the end of the City's fiscal year. after deducting amounts the City is authorized by Subsection (b) to retain, the Citv shall: (1) send 50 percent of the revenue derived from civil or administrative penalties collected by the City under this section to the comptroller for deposit to the credit of the regional trauma account established under Section 782.002, Texas Health and Safety Code: and (2) deposit the remainder of the revenue in a special account in the City's treasury that may be used only to fund traffic safety program% including pedestrian safety programs. public safety programs. intersection improvements. and traffic enforcement. (b) The City may retain an amount necessary to cover the costs of: (1) purchasing or leasing equipment that is part of or used in connection with the photographic traffic signal enforcement system in the City; (2) installing the photographic traffic signal enforcement system at sites in the City, including the costs of installing cameras, flashes. computer equipment. Ioop sensors, detectors, utility lines, data lines, poles and mounts, networking equipment. and associated labor costs; (3) operating the photographic traffic signal enforcement system in the City, including the costs of creating, distributing, and delivering violation notices. review of violations conducted by City employees, the processing of fine payments and collections, and the costs associated with administrative adjudications and appeals; and (4) maintaining the general upkeep and functioning of the photographic traffic signal enforcement system. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of 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 given 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 City of Corpus Christi. SECTION 4. Penalties are as provided in this Chapter. SECTION 5. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on August 28, 2007. ATTEST: Armando Chapa City Secretary Mayor Approved as to legal form A �5 f- z Z 2007 CITY OF CORPUS CHRISTI By: � Josey Harney Assistant City Attor ey For City Attorney EFFECTIVE DATE q�v� TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, llwe request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectful! Council Members my Garr Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon dye 027399 State of Texas County of Nueces PUBLISHER'S AFFIDAVIT ) CITY OF C.C./CITY SECRETARY } Ad # 5811781 PO # Before me, the undersigned, a Notary Public, this day personally came CRIS HURTADO, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, 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 which the annexed is a true copy, was inserted in the Corpus Christi Caner -Times on the 3RD day of September 2007. $99.66 1 Time(s) On this day of , 2 0611 certify that the attached document is a true and an exact copy made by publisher. GWENN J. MED1NA MY CQAugus 2,SSION2008 EXP4R S Not Public, State of Texas September 3, 2007 NOTICE OF .PASSAGE OF ORDINANCE NO. 027399 Ordinance amendingg Chapter 53, Article X,* Automated red light enforcement, of the City Code of Ordi- nances by revising the provisions regarding civil penalties, enforce- ment procedures, the hearingprocess, and appeal; providing for publication; providing for penalties.: This or- dinance was passed and approved by the City Council of the City of Corpus Christi on August 28, 2007. is/ Armando Chapa City Secretary City of Corpus Christi