OR 2007-1175 Automated Red Light Enforcement violation
AN ORDINANCE OF THE CITY OF COPPELL
ORDINANCE NO. 2007-1175
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING ARTICLE 8-8, SECTION 8-8-2, SUBSECTION C,
REGARDING THE MAXIMUM CIVIL PENALTY FOR THE
CIVIL INFRACTION FOR AN AUTOMATED RED LIGHT
ENFORCEMENT VIOLATION; BY AMENDING SECTION 8-8-4,
SUBSECTION A, TO ADD A PROVISION FOR THE HEARING
OFFICER TO BE ABLE TO ADMINISTER OATHS AND ISSUE
ORDERS; BY AMENDING SECTION 8-8-6 REGARDING THE
USE OF CIVIL PENALTY FUNDS FOR SUCH VIOLATION; BY
ADDING A NEW SECTION 8-8-7 PROVIDING FOR THE USE OF
PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT IMAGES;
PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE.
WHEREAS
, the City has duly adopted an automated red light enforcement
ordinance; and
th
WHEREAS,
the 80 legislature of the State of Texas has provided for an
amendment to the Transportation Code regarding photographic traffic signal enforcement
systems concerning the maximum civil penalty which may be charged and the use of
such funds and photographic images; and
WHEREAS,
the City Council is of the opinion that it should amend its ordinance
to reflect the changes in the state law.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF
COPPELL, TEXAS, THAT:
SECTION 1.
That Article 8-8, Section 8-8-2, subsection C, of the Code of
Ordinances be, and the same is, hereby amended to read as follows:
“ARTICLE 8-8. AUTOMATED RED LIGHT ENFORCEMENT
. . . . .
Sec. 8-8-2 Imposition of civil penalty for creating dangerous
intersections.
. . . . .
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TM 18325.2.000
C. A civil or administrative penalty for violation of this article
”
shall be $75.00.
SECTION 2.
That Article 8-8, Section 8-8-4 of the Code of Ordinances be, and
the same is, hereby amended by amending subsection A, which shall read as follows:
“ARTICLE 8-8. AUTOMATED RED LIGHT ENFORCEMENT
. . . . .
Sec. 8-8-4. Administrative adjudication hearing.
. . . . .
A. Such hearing officer shall have the authority to
administer oaths and to issue orders compelling the attendance of
witnesses and production of documents.
. . . . .”
SECTION 3.
That Article 8-8, Section 8-8-6 of the Code of Ordinances be, and
the same is, hereby amended to read as follows:
“ARTICLE 8-8. AUTOMATED RED LIGHT ENFORCEMENT
. . . . .
Sec. 8-8-6. Use of civil penalty funds.
To pay for the enforcement of the automated red light enforcement
program, including but not limited to operation, maintenance,
improvement, personnel and program management, fund traffic safety
programs, including pedestrian safety programs, public safety programs,
”
intersection improvement and traffic enforcement.
SECTION 4.
That the Code of Ordinances be, and same is, hereby
amended by amending Article 8-8 to add Section 8-8-7 to provide for the use of
photographic traffic signal enforcement images, which shall read as follows:
“ARTICLE 8-8. AUTOMATED RED LIGHT ENFORCEMENT
. . . . .
Sec. 8-8-7. Use of photographic traffic signal enforcement images.
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Sec. 8-8-7. Use of photographic traffic signal enforcement images.
No person may utilize a photographic traffic signal enforcement
system recorded image for any purpose except in accordance with this
article. "
SECTION 5. That all provisions of the Ordinances ofthe City ofCoppell, Texas,
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 not in conflict with the provisions
of this ordinance shall remain in full force and effect.
SECTION 6. That should any word, sentence, paragraph, subdivision, clause,
phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be
adjudged or held to be void or unconstitutional, the same shall not affect the validity of the
remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which
shall remain in full force and effect.
SECTION 7. That this ordinance shall take effect immediately from and after its
passage as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
'2-4~y(j-~J
ATTEST:
~j~
IB Y iAff" CITY SECRETARY
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TM 18325.2.000