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OR 2006-1142 Automated red light enforcement AN ORDINANCE OF THE CITY OF COPPELL ORDINANCE NO. 2006-1142 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 8, TRAFFIC REGULATIONS, BY ADDING ARTICLE 8-8, AUTOMATED RED LIGHT ENFORCEMENT, TO PROVIDE FOR THE IMPLEMENTATION OF AN AUTOMATED RED LIGHT ENFORCEMENT PROGRAM IN THE CITY OF COPPELL, TEXAS; PROVIDING FOR THE IMPOSITION OF A CIVIL PENALTY; PROVIDING FOR ENFORCEMENT AND PROCEDURES; PROVIDING FOR AN ADMINISTRATIVE ADJUDICATION HEARING; PROVIDING FOR EFFECT OF LIABILITY, EXCLUSION OF CIVIL REMEDY, AND ENFORCEMENT; PROVIDING FOR THE USE OF CIVIL PENALTY FUNDS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the City Council of the City of Coppell, Texas (“City Council”) under the authority of Article XI, Section 5 of the Texas constitution, investigated and determined that it would be advantageous and beneficial to the City of Coppell, Texas (“Coppell”) and its inhabitants to implement an automated red light enforcement program; and WHEREAS, upon investigation it has been determined that red light running is the cause of approximately 280,000 collisions and 240,000 injuries each year in the United States; and WHEREAS, upon investigation it has been determined that red light running causes the death of approximately 100 people in the State of Texas each year; and WHEREAS, red light enforcement programs have proven to reduce the number of red light runners in that Washington, D.C. has reduced red light running by 68% and Wilmington, Delaware has reduced red light running by 62% with their red light enforcement programs; and WHEREAS, the local community of the City of Garland began its automated red light enforcement program in September 2003 and has already experienced a 13% reduction in violations; and WHEREAS, it is in the interest of the public health, safety and welfare to implement traffic regulation and safety programs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: 1 70221 SECTION 1. That Chapter 8, Traffic Regulations, of the Code of Ordinances of the City of Coppell, Texas, be, and the same is, hereby amended by adding a new Article 8-8, Automated Red Light Enforcement, which shall read as follows: “ Chapter 8 TRAFFIC REGULATIONS . . . . . Sec. 8-8-1. Definitions. In this article: Department means the Police Department of the City of Coppell, Texas. 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. 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. 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. System Location means the approach to an intersection toward which a photographic traffic monitoring system is directed an in operation. 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. 2 70221 Sec. 8-8-2. 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 endangering 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. The owner of a motor vehicle is liable for a civil penalty if the vehicle proceeds into an intersection at a system location when the traffic control signal for that vehicle’s direction of travel is emitting a steady red signal. C. The civil penalty for which the owner is liable is $75.00, provided that for a third or subsequent offense in any 12-month period, the amount of the penalty shall be $200.00. Sec. 8-8- 3. Enforcement; procedures, A. The Department is responsible for the enforcement and administration of this Ordinance. B. In order to impose a civil penalty under this Ordinance, the Department, or its designee, shall mail or cause to be mailed a notice of violation to the owner of th the motor vehicle liable for the civil penalty not later than the 30 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) 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. C. A notice of violation issued under this Ordinance 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; 3 70221 (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. (7) the amount of the civil penalty to be imposed for the violation; (8) 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; (c) 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, 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 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 4 70221 (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. D. A notice of violation under this article is presumed to have been received th on the fifth (5) day after the date the notice of violation is mailed. E. 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 (C) of this Article. Sec. 8-8-4. Administrative adjudication hearing. A. A person who received a notice of violation under this Ordinance 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 fifteen (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. B. Failure to pay a civil penalty or to contest liability within fifteen days (15) following the date of the notice 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 Section 8-8-4 (K). C. 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 Section 8-8-4 (K). D. A person who fails to pay a civil penalty within the time allowed under this Article shall be additionally liable for a late payment penalty in the amount of twenty-five dollars ($25.00). E. The civil penalty shall not be assessed if: (1) After a hearing, the hearing officer enters a finding of no liability; or (2) 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 Section 8-8-3 (C) (11). 5 70221 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 fifty dollars ($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 ten (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, originals or copies of the recorded image, and other documentary evidence relating to the violation alleged in a notice of 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. A certification 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 Ordinance, is evidence of the facts contained therein, 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; 6 70221 (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; or (8) the presence of ice, snow, unusual amounts of rain or other unusually hazardous road conditions existed that would make compliance with this Ordinance more dangerous under the circumstances than non-compliance. I. To 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. J. 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; (1) 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 Section 8-8-4 (A) 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) of this subsection, 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 the Municipal Court by filing a notice of appeal with the clerk of the Municipal Court. The notice of appeal must be filed st not later than the thirty-first (31) day after the date on which the administrative adjudication hearing officer entered the findings of liability and shall be accompanied by the payment of an appellate filing fee of fifty dollars ($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 Municipal Court by trial de novo. The affidavits submitted under Section 8-8-3 (11) shall be admitted by the municipal judge in the trial de novo, and the issues must be proved by a preponderance of the evidence. Sec. 8-8-5. Effect of liability; exclusion of civil remedy; enforcement. A. The imposition of a civil penalty under this Ordinance is not a conviction and may not be considered a conviction for any purpose. 7 70221 B. The Department may not impose a civil penalty under this Ordinance on the owner of a motor 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 monitoring system. C. The City Attorney is authorized to file suit to enforce collection of a civil penalty assessed under this Ordinance. Sec. 8-8-6. Use of civil penalty funds. Civil penalties received by Coppell or the Department may only be used as follows: (A) to pay for the expenses of the automated red light enforcement program, including but not limited to, operations, maintenance, improvements, personnel and program management (“Operational Expenses”); and (B) all funds remaining after the payment of Operational Expenses shall be placed in an account to be used solely for expenses and items that are related or can be used in the furtherance of traffic safety, including but not limited to, cameras, traffic control devices, enforcement equipment, such as radars and police vehicles, communication equipment, educational or awareness ” programs, personnel and training. SECTION 2. That all provisions of the ordinances of the City of Coppell in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Coppell not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase, or section of this ordinance be adjudge or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. 8 70221 SECTION 4. An offense committed before the effective date of this ordinance is governed by the prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. This ordinance shall take effect from and after its passage and the publication of the caption as the law and charter provide. DUL y PASSED by the City Council of the City of Coppell, Texas on the 2~ day of ({)('~/ ,2006. ATTEST: 9 70221