Ordinance No. 10,778ORDINANCE NO. 10,778
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES" OF THE
CODE OF ORDINANCES TO ADD A NEW ARTICLE TO BE NUMBERED
AND ENTITLED ARTICLE VII "AUTOMATED RED LIGHT
ENFORCEMENT" TO ESTABLISH A PHOTOGRAPHIC TRAFFIC SIGNAL
ENFORCEMENT SYSTEM (RED LIGHT CAMERA SYSTEM);
CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM CIVIL PENALTY OF SEVENTY-
FIVE AND NO/100 DOLLARS ($75.00) AND A LATE PAYMENT PENALTY
OF TWENTY-FIVE AND NO/100 DOLLARS ($25.00); AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
WHEREAS, the City Council of the City of Baytown, Texas, (the "City Council") seeks
to promote the health, safety and welfare of the citizens of the City of Baytown, Texas; and
WHEREAS, the City Council finds that one of the largest causes of serious injury crashes
in Texas is related to red light running and that automated enforcement has been found to be an
effective resource to reduce the number of crashes at signalized intersections; and
WHEREAS, the City Council finds that a motor 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
accidents to which public safety agencies must respond at the expense of taxpayers; and
WHEREAS, pursuant to V.T.C.A., Transportation Code §§707.001, et seq., the City is
authorized to establish and implement a photographic traffic signal enforcement system; and
WHEREAS, the City Council finds that it is necessary and proper for the good of the
government, peace and order of the City to adopt an ordinance implementing a photographic
traffic signal enforcement system that consists of a camera system installed to work in
conjunction with an electronically operated traffic control signal and shall produce at least two
recorded images that depict the license plate attached to the front or rear of a motor vehicle that
is not operated in compliance with the instructions of the traffic control signal; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That all matters and facts set forth in the recitals hereinabove are found to
be true and such recitals are hereby approved and made a part of this Ordinance for all purposes
and are adopted as a part of the judgment and findings by the City Council of the City of
Baytown, Texas.
Section 2: That Chapter 94 "Traffic and Vehicles" of the Code of Ordinances,
Baytown, Texas, is hereby amended to add a new article to be numbered and entitled Article VII
"Automated Red Light Enforcement" which said article reads as follows:
CHAPTER 94. TRAFFIC AND VEHICLES
ARTICLE VII. AUTOMATED RED LIGHT ENFORCEMENT
Sec. 94-301. Purpose.
(a) It is the purpose of this article to implement a photographic traffic signal enforcement
system program in order to promote the health, safety and general welfare of the citizens
of the city by reducing the hazards of running red lights.
(b) This article shall apply within the corporate boundaries of the city.
Sec. 94-302. Definitions.
The following terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Contracting entity shall mean the entity with which the City contracts for the installation,
administration and enforcement of the photographic traffic signal enforcement system.
Department means the police department of the city.
Motor Vehicle or Vehicle shall mean any motor vehicle subject to registration pursuant to
the Texas Certificate of Title Act (V.T.C.A., Transportation Code ch. 501).
Owner shall mean the owner of a motor vehicle as shown on the motor vehicle
registration records of the state department of transportation or the analogous department or
agency of another state or country.
Photographic traffic signal enforcement system or system means a system that:
1. consists of a camera system and vehicle sensor installed to exclusively 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 front or rear of a motor vehicle that is not operated in compliance
with the instructions of the traffic control signal.
Recorded Image means a photographic or digital image that depicts the front or the rear
of a motor vehicle.
Traffic-control signal has the meaning assigned by V.T.C.A., Transportation Code
§541.304.
Sec. 94-303. Imposition of civil penalty for violations.
(a) The owner of a motor vehicle is liable for a civil penalty of $75.00 if, while facing only a
steady red signal displayed by an electrically operated traffic-control signal located in the
city, the vehicle is operated in violation of the instructions of that traffic-control signal, as
specified by V.T.C.A., Transportation Code §544.007(d).
(b) An owner who fails to pay the civil penalty within the time allowed by this article shall
be subject to a late payment penalty of $25.00.
Sec. 94-304. Enforcement; procedures.
(a) The department is responsible for the enforcement and administration of this article.
(b) In order to impose a civil penalty under this article, a notice of violation shall be mailed
to the owner of the motor vehicle against whom the city seeks to impose a 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 indicated on the registration records of the state
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 that is analogous to the state department of
transportation.
(c) 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 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 person incurs a late payment penalty of
S25.00 if the civil penalty is not paid or imposition of the penalty is not contested
within that period;
9. a statement that the owner of the vehicle in the notice of violation may elect to
pay the civil penalty by mail sent to a specified address instead of appearing at the
time and place of the administrative adjudication hearing; and
10. information that informs the owner of the vehicle named in the notice of
violation:
a. of the owner's right to contest the imposition of the civil penalty in an
administrative adjudication hearing;
b. that the imposition of the civil penalty may be contested by submitting a
written request for an administrative adjudication hearing before the
expiration of the period specified under subsection (c)(8) of this section;
c. that failure to pay the civil penalty or contest liability for the penalty in a
timely manner is an admission of liability and a waiver of the owner's
right to appeal the imposition of the civil penalty; and
d. that if the owner of the motor vehicle fails to timely pay the amount of the
civil penalty imposed against the owner:
(1) an arrest warrant will not be issued for the owner; and
(2) the imposition of the civil penalty will not be recorded on the
owner's driving record.
(d) 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.
(e) In lieu of issuing a notice of violation, the department may mail a warning notice to the
owner.
Sec. 94-305. Admission of Liability.
A person who fails to pay the civil penalty or to contest liability for the penalty in a
timely manner or who requests an administrative adjudication hearing to contest the imposition
of the civil penalty against the person and fails to appear at that hearing is considered to:
(1) admit liability for the full amount of the civil penalty stated in the notice of
violation mailed to the person; and
(2) waive the person's right to appeal the imposition of the civil penalty.
Sec. 94-306. Presumption.
(a) It is presumed that the owner of the motor vehicle committed the violation alleged in the
notice of violation mailed to the person if the motor vehicle depicted in a photograph or
digital image taken by a photographic traffic signal enforcement system belongs to the
owner of the motor vehicle.
(b) If, at the time of the violation alleged in the notice of violation, the motor vehicle
depicted in a photograph or digital image taken by a photographic traffic signal
enforcement system was owned by a person in the business of selling, renting, or leasing
motor vehicles or by a person who was not the person named in the notice of violation,
the presumption under subsection (a) is rebutted on the presentation of evidence
establishing that the vehicle was at that time:
1I) being test driven by another person;
(2) being rented or leased by the vehicle's owner to another person; or
(3) owned by a person who was not the person named in the notice of violation.
(c) Notwithstanding section 94-308, the presentation of evidence under subsection (b) by a
person who is in the business of selling, renting, or leasing motor vehicles or did not own
the vehicle at the time of the violation must be made by affidavit, through testimony at
the administrative adjudication hearing under Section 94-308, or by a written declaration
under penalty of perjury. The affidavit or written declaration may be submitted by mail to
the city through the contracting entity.
(d) If the presumption established by subsection (a) is rebutted under Subsection (b), a civil
penalty may not be imposed on the owner of the vehicle or the person named in the
notice of violation, as applicable.
(e) If, at the time of the violation alleged in the notice of violation, the motor vehicle
depicted in the photograph or digital image taken by the photographic traffic signal
enforcement system 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 owner of the
motor vehicle shall provide to the city through the contracting entity the name and
address of the individual who was renting or leasing the motor vehicle depicted in the
photograph or digital image and a statement of the period during which that individual
was renting or leasing the vehicle. The owner shall provide the information required by
this subsection not later than the 30th day after the date the notice of violation is received.
If the owner provides the required information, it is presumed that the individual renting
or leasing the motor vehicle committed the violation alleged in the notice of violation and
a notice of violation may be sent to that individual at the address provided by the owner
of the motor vehicle.
(f) The city reserves the right to nominate the name and address of the operator of a vehicle
in violation of this ordinance when the vehicle is owned by the city. The city must follow
the procedures set forth in subsection (e) above.
Sec. 94-307. Affirmative Defenses.
The owner of the motor vehicle shall be responsible for a violation of this article, unless
the owner can, by preponderance of the evidence, prove 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 authorized emergency vehicle under
V.T.C.A., Transportation Code ch. 546 and 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
being displayed on a motor vehicle other than the motor vehicle for which the
plate has been issued;
7. the presence of ice, snow, unusual amounts of rain or other unusually hazardous
road conditions existed that made compliance with this article more dangerous
under the circumstances than non-compliance; or
8. the person who received the notice of violation was not the owner of the motor
vehicle at the time of the violation.
Sec. 94-308. Administrative adjudication hearing.
(a) A person who receives a notice of violation under this article may contest the imposition
of the civil penalty specified in the notice of violation by filing a written request for an
administrative adjudication hearing. The request for a hearing must be filed on or before
the date specified in the notice of violation, which may not be earlier than the 30th day
after the date the notice of violation was mailed.
(b) On receipt of a timely request for an administrative adjudication hearing, the department
or contracting entity shall notify the person of the date and time of the hearing.
(c) A hearing officer designated by the city manager shall conduct the administrative
adjudication hearing and shall have the authority to administer oaths and issue orders
compelling the attendance of witnesses and the production of documents.
(d) In an administrative adjudication hearing, the issues must be proven by a preponderance
of the evidence.
(e) The reliability of the photographic traffic signal enforcement system used to produce the
recorded image of the motor vehicle involved in the violation may be attested to by
affidavit of an officer or employee of the city or the contracting entity and who is
responsible for inspecting and maintaining the system.
(f) An affidavit of an officer or employee of the city or contracting entity that alleges a
violation based on an inspection of the applicable recorded image is:
(1) admissible in the administrative adjudication hearing and in an appeal under
section 94-310; and
(2) evidence of the facts contained in the affidavit.
(g) At the conclusion of the administrative adjudication hearing, the hearing officer shall
enter a finding of liability for the civil penalty or a finding of no liability for the civil
penalty. A finding under this subsection must be in writing and be signed and dated by
the hearing officer.
(h) A finding of liability for a civil penalty must specify the amount of the civil penalty for
which the person is liable. If the hearing officer enters a finding of no liability, a civil
penalty for the violation may not be imposed against the person.
(i) A finding of liability or a finding of no liability entered under this section may:
(1) be filed with the city clerk; and
(2) be recorded on microfilm or microfiche or using data processing techniques.
(j) A person who is found liable for a civil penalty after an administrative adjudication
hearing shall pay the civil penalty within ten (10) days of the hearing.
Sec. 94-309. Untimely Request for Administrative Adjudication Hearing.
Notwithstanding any other provision of this article, a person who receives a notice of
violation under this article and who fails to timely pay the amount of the civil penalty or fails to
timely request an administrative adjudication hearing is entitled to an administrative adjudication
hearing if:
(1) the person submits a written request for the hearing to the designated hearing
officer, accompanied by an affidavit that attests to the date on which the person
received the notice of violation; and
(2) the written request and affidavit are submitted to the hearing officer within the
same number of days after the date the person received the notice of violation as
specified under section 94-304(c)(8).
Sec. 94-310. Appeal.
(a) The owner of a motor vehicle determined by a hearing officer to be liable for a civil
penalty may appeal that determination to the municipal court judge of the city by filing an appeal
petition with the clerk of the city's municipal court.
(b) The petition must be:
(1) filed before the 31st day after the date on which the administrative adjudication
hearing officer entered the finding of liability for the civil penalty; and
(2) accompanied by payment of the costs required by law for the court.
(c) The municipal court clerk shall schedule a hearing and notify the owner of the motor
vehicle and the department of the date, time, and place of the hearing.
(d) An appeal stays enforcement and collection of the civil penalty imposed against the
owner of the motor vehicle. The owner shall file a notarized statement of personal
financial obligation to perfect the owner's appeal.
(e) An appeal under this section shall be determined by the municipal court by trial de novo.
(0 A person who is found liable for a civil penalty after an appeal hearing shall pay the civil
penalty within ten (10) days of the hearing.
Sec. 94-311. Effect of liability; exclusion of civil remedy; enforcement.
(a) The imposition of a civil penalty under this article is not a conviction and may not be
considered a conviction for any purpose.
(b) The implementation of a photographic traffic signal enforcement system by the city under
this article does not prohibit a peace officer from arresting a violator of V.T.C.A.,
Transportation Code §544.007(d) as provided by V.T.C.A., Transportation Code ch. 543
if the peace officer personally witnesses the violation or from issuing the violator a
citation and notice to appear as provided by V.T.C.A., Transportation Code ch. 543..
(c) No civil penalty may be imposed under this article on the owner of a motor vehicle if the
operator of the vehicle was arrested, was issued a criminal citation and notice to appear or
was issued a warning by a duly authorized peace officer for a violation of V.T.C.A.,
Transportation Code §544.007(d) recorded by the photographic traffic signal enforcement
system.
(d) If the owner of the motor vehicle fails to timely pay the amount of the civil penalty
imposed against the owner:
(1) an arrest warrant will not be issued for the owner; and
(2) the imposition of the civil penalty will not be recorded on the owner's driving
record.
(e) The city attorney is authorized to file suit to enforce collection of a civil penalty assessed
under this article.
Section 3: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 4: If any provision, section, exception, subsection, paragraph, sentence, clause or
phrase of the ordinance or the application of same to any person or the set of circumstances, shall
for any reason be held unconstitutional, void or invalid, such invalidity shall not effect the
validity of the remaining provisions of this ordinance or their application to other persons or sets
of circumstances and to this end all provisions of this ordinance are declared to be severable.
Section 5: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (10) days after passage of this ordinance.
INTRODUCED, READ, AND PASSED by the affirmative vote of the City Council of
Baytown, this the 13th day of December, 2007.
APPRO
*OODY, City Clerk
'ED AS TO FORM:
RAMIREZ, Sr., (^Attorney
TE^ . DONCARLOS, Mayor
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