OR 2014-1377 School Bus Stop Arm Cameras
ORDINANCE NO. 2014-1377
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE
CODE OF ORDINANCES BY AMENDING CHAPTER 8, TRAFFIC
REGULATIONS, BY ADOPTING A NEW ARTICLE 8-9, “AUTOMATED
SCHOOL BUS STOP SIGN ENFORCEMENT”, CREATING A CIVIL OFFENSE
FOR A SCHOOL BUS STOP ARM VIOLATION INVOLVING A CAMERA-
ENFORCED SCHOOL BUS; PROVIDING DEFENSES AND PRESUMPTIONS;
PROVIDING REQUIREMENTS, PROCEDURES, AND FEES RELATING TO
THE ADMINISTRATIVE ADJUDICATION OF A CIVIL SCHOOL BUS STOP
ARM VIOLATION; PROVIDING FOR AN APPEAL TO MUNICIPAL COURT;
PROVIDING POWERS, DUTIES, AND FUNCTIONS OF THE DIRECTOR,
ENFORCEMENT OFFICERS, AND HEARING OFFICERS; PROVIDING FOR
THE IMPOSITION, COLLECTION, AND DISPOSITION OF CIVIL FINES,
PENALTIES, AND COSTS FOR A CIVIL SCHOOL BUS STOP ARM
VIOLATION; PROVIDING FOR A CIVIL FINE OF $300; PROVIDING A
SAVING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS
, Section 545.066 of the Texas Transportation Code creates a criminal offense
for passing a stopped school bus that is operating certain visual signals required by Section
547.701 of the Texas Transportation Code (including red flashing lights and extended stop
arms) while loading and unloading students; and
WHEREAS
, the unlawful passing of such stopped school buses by motor vehicles
endangers students, drivers, and the public; creates a high risk of bodily injury, death, and property
damage; and increases the risk of accidents to which the city must respond at the expense of its
taxpayers: and
WHEREAS
, the city council believes that establishing a program providing for the
photographic enforcement and administrative adjudication of school bus stop arm violations and
the imposition of civil fines for those violations would reduce the number of motor vehicles
unlawfully passing a stopped school bus, thereby reducing the risks associated with such
violations, and would further the public health, safety, and welfare; and
WHEREAS
, the city council wishes to establish such a program pursuant to its home rule
authority and the authority granted under Section 542.202 of the Texas Transportation Code,
which allows a city to provide for civil enforcement of certain traffic regulations within its
jurisdiction and in the reasonable exercise of its police power: Now, therefore,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1.
That Chapter 8 of the Coppell Code of Ordinances be, and the same is,
hereby amended by adopting Article 8-9, “Automated School Bus Stop Sign Enforcement”,
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Sections 8-9-1 through 8-9-14, to read as follows:
“Chapter 8
TRAFFIC REGULATIONS
…..
Article 8-9 Automated School Bus Stop Sign Enforcement
Sec. 8-9-1 Definitions
AUTOMATED SCHOOL BUS STOP ARM ENFORCEMENT PROGRAM
means the installation of Photographic School Bus Stop Arm Enforcement Systems
on School Buses operated within the city for the purpose of reducing School Bus Stop
Arm Violations and injuries to students citywide.
CAMERA-ENFORCED SCHOOL BUS means a School Bus equipped with a
Photographic School Bus Stop Arm Enforcement System.
DATE OF ISSUANCE means the date that Notice of Violation is approved and mailed by a
Law Enforcement Officer in accordance with this article.
DEPARTMENT means the department or departments of the city designated to
enforce and administer this article, or the Department's designated representative.
DIRECTOR means the Director of the Department or the Director's authorized
representative.
HEARING OFFICER means an individual designated by the Director to
administratively adjudicate all School Bus Stop Arm Violations for which a Notice of
Violation has been issued.
LAW ENFORCEMENT OFFICER means an individual licensed as a Law
Enforcement Officer by the Texas Commission on Law Enforcement Officers,
including a peace officer, as defined under Article 2.12, Texas Statutes, Code of
Criminal Procedure.
MAIL DATE means the date that a Notice of Violation is mailed in accordance with
this article.
PHOTOGRAPHIC SCHOOL BUS STOP ARM ENFORCEMENT SYSTEM
means a system that:
(a)consists of cameras installed on the exterior of a School Bus that work in
conjunction with an automatic stop arm on the School Bus, which stop
arm, along with flashing warning lights and other equipment required
by Section 547.701(c) of the Texas Transportation Code, as amended,
warns drivers that the School Bus is stopped for the purpose of loading or
unloading students; and
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(b)is capable of producing a recorded image depicting the license plate
attached to the front or the rear of a motor vehicle that passes the School
Bus in violation of Section 22.13.004 of this Article.
RECORDED IMAGE means a photographic or digital image recorded by a
Photographic School Bus Stop Arm Enforcement System that depicts the front or the
rear of a motor vehicle.
SCHOOL BUS has the meaning given that term in Section 541.201 of the Texas
Transportation Code, as amended.
SCHOOL BUS STOP ARM NOTICE OF VIOLATION means the notice of a School
Bus Stop-Arm Violation issued under this Article. ("NOTICE OF VIOLATION").
SCHOOL BUS STOP ARM VIOLATION means a violation of Section 22.13.004 of
this Article.
Sec. 8-9-2 Law Enforcement Officers: Powers, Duties and Functions
The Director shall appoint Law Enforcement Officers to issue Notice of Violations.
(a)A Law Enforcement Officer shall have the following powers, duties, and
functions:
(1)To review recorded images from the Photographic School
Bus Stop Arm Enforcement System to determine whether a
School Bus Stop Arm Violation has occurred.
(2)To order a Notice of Violation to be issued based on evidence
from the recorded images.
(3)To void recorded images due to lack of evidence or due to
knowledge that a defense described in Section 22.13.004 of this
Article applies.
Sec. 8-9-3Hearing Officers: Powers, Duties and Functions
The Director shall designate Hearing Officers to administratively adjudicate all School
Bus Stop Arm Violations for which a Notice of Violation has been issued.
(a)A Hearing Officer shall have the following powers, duties, and
functions:
(1) To administer oaths.
(2)To accept admissions to, and to hear and determine contests of,
School Bus Stop Arm Violations under this article.
(3)To issue orders compelling the attendance of witnesses and the
production of documents, which orders may be enforced by a
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municipal court.
(4)To assess civil fines, penalties, and other costs for a School Bus
Stop Arm Violation in accordance with Section 22.13.011 of this
article.
(5)To waive penalties assessed for a School Bus Stop Arm
Violation in accordance with Section 22.13.011 of this article.
Sec. 8-9-4 School Bus Stop Arm Violations as Civil Offenses;
Defenses; Presumptions
(a)The owner of a motor vehicle that is operated in violation of Section 545.066
of the Texas Transportation Code, as amended, by passing a stopped
Camera-Enforced School Bus displaying the visual signals required by
Section 547.701(c) of the Texas Transportation Code, as amended, commits a
civil offense and is liable for a civil fine assessed under this Article.
(b)It is a defense to a charge of a School Bus Stop Arm Violation under this
section:
(1)the School Bus was not operating the visual signals required by
Section 547.701(c) of the Texas Transportation Code, as amended;
(2)the operator of the motor vehicle was acting in compliance with the
lawful order or direction of a Law Enforcement Officer;
(3)the operator of the motor vehicle was in the process of passing the
School Bus before the School Bus operated a visual signal described
by Section 547.701(c) of the Texas Transportation Code, as
amended;
(4)the operator of the motor vehicle passed the stopped School Bus so
as to yield the right of way to an immediately approaching
authorized emergency vehicle;
(5)the motor vehicle was being operated as an authorized emergency
vehicle under Chapter 546 of the Texas Transportation Code, as
amended, and the operator was acting in compliance with that
chapter;
(6)the motor vehicle was a stolen vehicle being operated by a person
other than the vehicle's owner without the consent of the
Vehicle Owner and proof is submitted to the Hearing Officer that
the theft of the motor vehicle had been timely reported to the
appropriate law enforcement agency;
(7)the license plate depicted in the recorded image of the School
Bus Stop Arm Violation was a stolen plate being displayed on a
motor vehicle other than the motor vehicle for which the plate
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had been issued and proof is submitted to the Hearing Officer that
the theft of the license plate had been timely reported to the
appropriate law enforcement agency; or
(8)the presence of ice, snow, unusual amounts of rain, or other
unusually hazardous road conditions existed that would have
made compliance with this section more dangerous under the
circumstances than non-compliance.
(c) It is presumed that the registered owner of the vehicle depicted in the recorded image of
a School Bus Stop Ann Violation for which a Notice of Violation is issued is the
Vehicle Owner who committed the School Bus Stop Arm Violation. Proof of
ownership may be made by a computer-generated record of the registration of the
vehicle with the Texas Department of Transportation showing the name of the
Vehicle Owner to whom state license plates were issued. This proof is prima facie
evidence of the ownership of the vehicle by the Vehicle Owner to whom the
certificate of registration was issued.
(d) A Vehicle Owner who is in the business of selling, renting, or leasing vehicles will not
be liable for the civil School Bus stop arm fines, penalties, and costs imposed by the
city on a vehicle for sale or a rented or leased vehicle if the Vehicle Owner presents
evidence establishing that the vehicle depicted in the recorded image was at the time of
the alleged violation being rented, leased, or test driven by another person. Evidence
sufficient to establish that the vehicle was being rented, leased, or test driven includes:
(1)the true name, address, and driver's license number and state of
issuance of the person renting, leasing, or test driving the vehicle at
the time the recorded image of the School Bus Stop Arm Violation
was taken; or
(2)a true copy of the lease or rental agreement in effect at the time the
recorded image of the School Bus Stop Arm Violation was taken.
(e) Evidence presented under Subsection (d) of this section must be presented through oral
testimony or by affidavit under penalty of perjury. Evidence through oral testimony
must be presented at the administrative adjudication hearing. Evidence by affidavit
under penalty of perjury may be presented by mail.
(f) If the owner of a vehicle presents evidence under Subsections (d) and (e) of this section
establishing that the vehicle depicted in the recorded image was being rented, leased,
or test driven at the time of the violation, the Vehicle Owner may not be held liable for
civil School Bus stop arm fines, penalties, and costs, and the Law Enforcement
Officer shall send the Notice of Violation to the test driver or lessee who is
presumed to have committed the School Bus Stop Arm Violation. An owner of a
vehicle who fails to comply with Subsections (d) or (e) of this section will be
treated as any other Vehicle Owner and will be liable for the School Bus Stop Arm
Violation.
(g) If, at the time the recorded image of the School Bus Stop Arm Violation was taken, the
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vehicle depicted in the recorded image was owned by a person in the business of
renting or leasing motor vehicles and the vehicle was being rented or leased to an
individual, the Vehicle Owner shall, within 30 calendar days after the date the Notice
of Violation is received, provide to the Administrator the name and address of the
individual who was renting or leasing the motor vehicle depicted in the recorded image
and a statement of the period during which that individual was renting or leasing the
vehicle. This information must be provided regardless of whether the Vehicle Owner
provides evidence under Subsections (d) and (e) of this section that the vehicle was
being rented, leased, or test driven at the time of the School Bus Stop Arm Violation.
(h) A registered Vehicle Owner named in the Notice of Violation who did not hold legal
title to the motor vehicle at the time of a School Bus Stop Arm Violation will not be
liable for the civil School Bus stop arm fines, penalties, and costs imposed by the
city on that vehicle if the registered Vehicle Owner presents evidence establishing
that another Vehicle Owner held legal title to the vehicle at the time the recorded
image of the School Bus Stop Arm Violation was taken. Evidence sufficient to
establish that the vehicle was owned by another Vehicle Owner at the time of the
School Bus Stop Arm Violation includes:
(1)the true name, address, and driver's license number and state of
issuance of the Vehicle Owner who held legal title to the vehicle at
the time the recorded image of the School Bus Stop Arm Violation
was taken; or
(2)a true copy of any purchase or sale documentation (including proof
of transfer of title) showing the name of the Vehicle Owner who
held title to the vehicle at the time the recorded image of the School
Bus Stop Arm Violation was taken (that Vehicle Owner's address
must also be provided if not contained in the documentation).
Evidence presented under Subsection (h) of this section must be presented through oral
testimony or by affidavit under penalty of perjury. Evidence through oral testimony
must be presented at the administrative adjudication hearing. Evidence by affidavit
under penalty of perjury may be presented by mail.
(j) If the registered Vehicle Owner named in the Notice of Violation complies with
Subsections (h) and (i) of this section, the registered Vehicle Owner may not be held
liable for civil School Bus stop arm fines, penalties, and costs, and Law Enforcement
Officer shall send the Notice of Violation to the Vehicle Owner who held legal title to the
vehicle at the time the recorded image of the School Bus Stop Arm Violation was
taken. A registered Vehicle Owner named in the Notice of Violation who fails to
comply with Subsections (h) and (i) of this section will be treated as any other Vehicle
Owner and will be liable for the School Bus Stop Arm Violation.
Sec. 8-9-5 School Bus Stop Arm Notice of Violation
(a)A Notice of Violation serves as the summons and complaint for purposes of the
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Procedures.
(b)The Notice of Violation must be on a form prescribed by the Administrator and must
include the following information:
(1)The name and address of the owner of the vehicle involved in
the violation.
(2)A description of the violation alleged.
(3)The date and time of the violation and the location of the School Bus
where the violation occurred.
(4)The Notice of Violation issuance date.
(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 violation that includes a
depiction of the registration number displayed on the license plate of
the vehicle involved in the violation.
(7)The amount of the civil fine to be imposed for the violation.
(8)The date by which the civil fine must be paid or the request for an
administrative adjudication hearing must be made.
(9)A statement that, in lieu of requesting an administrative adjudication
hearing, the Vehicle Owner named in the Notice of Violation may pay
the civil fine in person or by mail at an address designated on the
Notice of Violation.
(10)A notification that the Vehicle Owner has the right to contest the
imposition of the civil fine in an administrative adjudication hearing
by submitting a written request for an administrative adjudication
hearing within 30 calendar days after the date the Notice of Violation
is issued.
(11)A notification that any request by the Vehicle Owner to have the Law
Enforcement Officer who issued the Notice of Violation, present at the
hearing must be made in writing as part of the written request for an
administrative adjudication hearing and that failure to timely make
this request constitutes a waiver of the Vehicle Owner's right to
require the presence of the Law Enforcement Officer at the hearing.
(12)A notification that failure to pay the civil fine or to timely
request an administrative adjudication hearing is considered an
admission of liability for the School Bus Stop Arm Violation, is a
waiver of the Vehicle Owner' s right to appeal the imposition of the
civil fine, and will result in the assessment of appropriate civil fines,
penalties, and costs.
(13)A statement that the Vehicle Owner will incur a late payment penalty if
the Vehicle Owner fails to pay the civil fine or request an
administrative adjudication hearing within 30 calendar days after the
Date of Issuance of the Notice of Violation.
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(14)A notification that an arrest warrant may not be issued for failure to
timely pay the civil fines, penalties, and costs and that the imposition
of the civil penalty may not be recorded on the Vehicle Owner's
driving record.
(c)The original or any copy of a Notice of Violation is a record kept in the ordinary
course of city business and is prima facie evidence of the facts contained in the
Notice of Violation.
Sec. 8-9-6 Service of a School Bus Stop Arm Notice of Violation
(a) In order to impose a civil fine under these Procedures, Law Enforcement Officer shall
mail a Notice of Violation to the owner of the motor vehicle involved in the School Bus
Stop Arm Violation within 30 calendar days after the date the violation is alleged to have
occurred. The Notice of Violation must be mailed, by United States mail, to:
(1)the Vehicle Owner's address as shown on the registration records
of the Texas Department of Transportation;
(2)if the vehicle is registered in another state or country, the
Vehicle 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;
(3)if the Vehicle Owner presents evidence or information that the
vehicle was being rented, leased, or test driven at the time of the
School Bus Stop Arm Violation, the address provided by the seller or
lessor; or
(4)if the registered Vehicle Owner presents evidence that another
person had legal title to the vehicle at the time of the School Bus
Stop Arm Violation, the address provided.
Sec. 8-9-7 Answering a School Bus Stop Arm Notice of Violation
(a) A Vehicle Owner who has been issued a Notice of Violation shall, either personally or
through a representative, answer to the charge of the School Bus Stop Arm Violation by
the date shown on the Notice of Violation, which date may not be earlier than the 30th
day after the Mail Date of the Notice of Violation issued. An answer may be made in
any of the following ways:
(1)An admission of liability with a payment of the applicable civil
fine, and any additional penalties and costs.
(2)A request to schedule an administrative adjudication hearing to
either deny liability or admit liability with an explanation before a
hearing officer.
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(3)A denial of liability accompanied by an affidavit under penalty
of perjury presenting evidence that the vehicle depicted in the
recorded image was at the time of the School Bus Stop Arm
Violation being rented, leased, or test driven.
(4)A denial of liability accompanied by an affidavit under penalty
of perjury presenting evidence that the person named in the Notice
of Violation was not the owner of the vehicle depicted in the
recorded image at the time of the violation.
(5)A written request for permission from a Hearing Officer to
adjudicate by mail.
(b) Payment of the civil fine and any additional penalties and costs may be made in person
or by mailing Notice of Violation to the address shown on the Notice of Violation,
accompanied by payment of the amount shown on the Notice of Violation. Payment by
mail may be made only by credit card, money order or check. Payment of the civil fine
and all penalties and costs assessed under this article operates as a final disposition of the
School Bus Stop Arm Violation charge, except when payment is made to reset a
scheduled hearing as assessed under Section 22.13.009.
Sec. 8-9-8Adjudication by Mail
(a)If a Vehicle Owner charged with a School Bus Stop Arm Violation shows good cause
for not attending a hearing, either personally or through a representative, the Hearing
Officer may permit the matter to be adjudicated by mail, which adjudication must be
completed within 90 calendar days after the Mail Date of the Notice of Violation.
(b)Letters, memoranda, affidavits, photographs, and other documentary materials will be
admissible as evidence for the purposes of adjudication by mail. The Hearing Officer
may exclude from consideration any material that is not relevant to the adjudication of
the alleged violation.
(c)Failure of the Vehicle Owner to proceed with an adjudication by mail after requesting
and receiving permission to adjudicate by mail is an admission of liability for the School
Bus Stop Arm Violation and will subject the Vehicle Owner to the appropriate civil fines,
penalties, and costs assessed by the Hearing Officer.
(d)If a Hearing Officer determines that adjudication cannot proceed by mail, the Hearing
Officer shall advise the Vehicle Owner by first class mail that the Vehicle Owner must
appear to answer the charge at a hearing.
Sec. 8-9-9Hearings for Disposition of a School Bus Stop Arm Notice of
Violation; Notice of Violation and Photographic Recorded
Images as Prima Facie Evidence
(a)Every hearing for the adjudication of a School Bus Stop Arm Violation under this
article must be scheduled for a hearing date held before a Hearing Officer not later than
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the 30th day after the Administrator receives written request for an administrative
adjudication hearing. The Administrator shall notify, by mail, the Vehicle Owner
requesting a hearing of the date, time, and location of the hearing.
(b)A Vehicle Owner may make a written request to reset a scheduled administrative
adjudication hearing. A scheduled administrative adjudication hearing may not be
reset more than once unless the Vehicle Owner pays an amount equal to the
applicable civil fine for the School Bus Stop Arm Violation, with any additional
penalties and costs. A receipt shall be issued for any amounts paid under this
subsection. After presentation of the receipt, all amounts paid will be refunded to
the Vehicle Owner if the Hearing Officer, or a municipal court on appeal, finds that
the Vehicle Owner is not liable for the School Bus Stop Arm Violation.
(c)At a hearing, the Notice of Violation and the recorded image produced by the
Photographic School Bus Stop Arm Enforcement System are prima facie proof of the
School Bus Stop Arm Violation, and the Law Enforcement Officer who issued the
Notice of Violation is not required to be present unless requested by the Vehicle
Owner charged or by the Hearing Officer. A Vehicle Owner's request to have the
Law Enforcement Officer, who issued the Notice of Violation, present at the hearing
must be in writing as part of the Vehicle Owner's request for an administrative
adjudication hearing.
(d)At a hearing, the Hearing Officer shall hear and consider evidence presented by the
Administrator and by the Vehicle Owner. The formal rules of evidence do not apply to a
hearing under this article, and the Hearing Officer shall make a decision based upon a
preponderance of the evidence presented at the hearing, after giving due weight to all
presumptions and prima facie evidence established by this article or other applicable
law.
(e)At a hearing, the reliability of the Photographic School Bus Stop Arm Enforcement
System used to produce the recorded image of the School Bus Stop Arm Violation
may be attested to by affidavit of the Administrator, officer or employee of the city, or
of the entity with which the city contracts to install or operate the system, who is
responsible for inspecting and maintaining the system. An affidavit of the
Administrator, officer or employee of the city that alleges a School Bus Stop
Arm 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.
(f)At the conclusion of the hearing, the Hearing Officer shall immediately render an
order or decision, either by:
(1)Finding the Vehicle Owner liable for the School Bus Stop Arm
Violation, assessing the applicable civil fine and any penalties and
other costs in accordance with this article, and notifying the Vehicle
Owner of the right to appeal to municipal court; or
(2)Finding the Vehicle Owner not liable for the School Bus Stop
Arm Violation.
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(g)An order of a Hearing Officer must be in writing, signed, and dated by the Hearing
Officer and filed with the Administrator in a separate index and file. The order may
be recorded using computer printouts, microfilm, microfiche, or similar data processing
techniques.
Sec. 8-9-10Failure to Answer a School Bus Stop Arm Notice of Violation or Failure to
Appear at a Hearing
(a) The failure of a Vehicle Owner charged with a School Bus Stop Arm Violation to
answer to the charge within 30 calendar days after the Mail Date or to appear at any
hearing, including a hearing on appeal, when required to appear is an admission of
liability for the School Bus Stop Arm Violation, and the Hearing Officer, or the
municipal court in the case of an appeal, shall issue an order of liability and assess
against the Vehicle Owner the appropriate civil fines, penalties, and other costs.
(b) Within seven calendar days after filing an order of liability issued under these
Procedures, a Hearing Officer or the entity with which the city contracts, shall mail
notice to the Vehicle Owner of the order. The notice must be sent by United States mail
to the address required for service of a Notice of Violation or to the address of the
Vehicle Owner last known to the Hearing Officer. The notice must include a statement
of:
(1)the amount of the civil fines, penalties, and costs assessed; and
(2)the right to appeal to municipal court.
(c) Regardless of any other provision of this article, a Vehicle Owner who receives a Notice
of Violation and who fails to timely pay the civil fine or fails to timely request an
administrative adjudication hearing is still entitled to an administrative adjudication
hearing if:
(1)the Vehicle Owner submits to the Hearing Officer a written request
for a hearing, accompanied by an affidavit and filing fee
assessed under this Article, that attests to the date on which the
Vehicle Owner received the Notice of Violation; and
(2)the written request, filing fee assessed under this Article, and
affidavit are submitted to the Hearing Officer within 30 calendar
days after the date the Vehicle Owner received the Notice of
Violation.
Sec. 8-9-11Civil Fines for School Bus Stop Arm Violations; Penalties and
Other Costs
(a)If a civil fine is assessed, it must be in accordance with this section. A fine may not be
waived or modified by a Hearing Officer, or by a municipal court on appeal, when a
Vehicle Owner is found liable for a School Bus Stop Arm Violation, except that
additional penalties and other costs may be added in accordance with this section.
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(b)The owner of a motor vehicle liable for a school bus stop arm violation shall pay a civil
fine of $300 for each violation.
(c) An additional $25 late payment penalty will be assessed if the vehicle owner fails to:
(1)answer a school bus stop arm citation within 30 calendar days after its date of
issuance;
(2)appear at a hearing scheduled to adjudicate the school bus stop arm violation
charge; or
(3)after being found liable, pay all civil fines, penalties, fees, and costs assessed
for a school bus stop arm violation within the time designated by the hearing
officer, or by the municipal court on appeal.
(d) A penalty assessed under Subsection (c) of this section may be waived by a hearing
officer, or by a municipal court on appeal, if the vehicle owner can establish that:
(1)through no fault of the owner:
(2)no notice of the school bus stop arm violation was received as required by this
article;
(3)no notice of the hearing officer's order was received as required by this article;
or
(4)payment of the civil fine assessed for the school bus stop arm violation was not
posted in a timely manner; or
(5)the penalty was assessed in error.
Sec. 8-9-12Appeal from Hearing
(a)A vehicle owner determined by a hearing officer at an administrative adjudication hearing
to be liable for a school bus stop arm violation may appeal this determination to the
municipal court by filing an appeal petition, along with a filing fee of $15, with the
municipal court clerk or a deputy clerk before the 31st calendar day after the date the
hearing officer's order is entered with the department. If the hearing officer's order is
reversed, the $15 filing fee will be returned by the city to the appellant.
(b)Upon receipt of an appeal petition, the municipal court clerk or deputy clerk shall
schedule an appeal hearing and notify all parties of the date, time, and location of the
hearing. The enforcement officer or other authorized person who issued the civil school
bus stop arm citation is not required to be present at the appeal hearing unless requested
by the vehicle owner charged. A vehicle owner's request to have the enforcement officer,
or other authorized person who issued the citation, present at the appeal hearing must be
in writing and made as part of the appeal petition. Failure to timely make this request
constitutes a waiver of the vehicle owner's right to require the presence of the
enforcement officer or other authorized person at the appeal hearing.
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(c)The appeal hearing must be a trial de novo in municipal court and is a civil
proceeding. The decision of the municipal court is final.
(d)Service of notice of appeal under this section stays the enforcement and collection of any
civil fines, penalties, and costs ordered by the hearing officer. An appeal petition must be
accompanied by a notarized statement in which the vehicle owner agrees to pay all civil
fines, penalties, and costs ordered by the hearing officer, if the person is still found liable
by the municipal court upon appeal.
(e)At an appeal hearing, the civil school bus stop arm citation and the recorded images
produced by the photographic school bus stop arm enforcement system are prima facie
proof of the school bus stop arm violation, and the enforcement officer or other authorized
person who issued the citation is not required to be present unless requested by the vehicle
owner.
(f)At an appeal hearing, the reliability of the photographic school bus stop arm enforcement
system used to produce the recorded images of the school bus stop arm violation may be
attested to by affidavit of an officer or employee of the city, or of the entity with which
the city contracts to install or operate the system, who is responsible for inspecting and
maintaining the system. An affidavit of an officer or employee of the city that alleges a
school bus stop violation based on an inspection of the pertinent recorded images 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 school bus stop arm
citation.
Sec. 8-9-13Effect of Liability; Exclusion of Civil Remedy; Enforcement
(a)The imposition of a civil fine under the Ordinance is not a conviction or criminal offense
and may not be considered a conviction or criminal offense for any purpose. Failure to
timely pay a civil fine may not result in an arrest warrant being issued for the Vehicle
Owner and may not be recorded on the Vehicle Owner's driving record.
(b)A civil fine may not be imposed on the owner of a motor vehicle if the operator of the
vehicle was arrested or was issued a criminal citation by a Law Enforcement Officer
under Section 545.066 of the Texas Transportation Code, as amended, for the School Bus
Stop Arm Violation recorded by the Photographic School Bus Stop Arm Enforcement
System.
(c)The city attorney and Administrator are authorized to file suit or take other action to
collect any civil fines, penalties, late fees and costs assessed under this Article.
Sec. 8-9-14Disposition of Civil Fines, Penalties and Costs Assessed for School Bus
Stop Arm Violations
Civil fines, penalties, and costs assessed under this article must be used to fund the Automated
School Bus Stop Arm Enforcement Program, other programs designed to further student safety,
or other traffic safety projects and improvements.
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SECTION 2. That all provisions of the Ordinances of the City of Coppell, Texas, in
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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 3. 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 4. 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 '3 day of
, 2014.
APPR'i VED• .
'/ /LA i i/
REN ELBO H , MAYOR
ATTEST:
aRI Q STEL PETTINOS,CITY SEC TARY
J. AVID DODD, III, CITY ATTORNEY
(J I D/mpm)
TM 65941