"ARTICLE XIX. PHOTOGRAPHIC TRAFFIC MONITORING SYSTEM
Sec. 45-481. Definitions.
As used in this article, the following words and terms shall have the meanings ascribed in this section, unless the context
of their usage clearly indicates another meaning:
Intersection means the place or area where two or more streets intersect.
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 sate or country.
Photographic traffic monitoring system means a system that:
(1) Consists of a camera system installed to work in conjunction with an electrically operated traffic control
signal; and
(2) Is capable of producing a recorded image that depicts the license plate 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 a license plate
of a motor vehicle and is automatically recorded on a photograph or digital image.
System location means an intersection toward which a
photographic traffic monitoring system is directed and in
operation.
Traffic control signal means a traffic control device that displays alternating red, yellow, and green lights
that direct traffic when to stop at or proceed through an intersection.
Sec. 45-482. Imposition of civil penalty for creating dangerous intersections.
(a) Except as provided in subsection (b) of this section, the owner of a motor vehicle is liable for a civil
penalty of $75 if the motor vehicle proceeds into a system location without turning when the traffic control signal for that
motor vehicle's direction of travel is emitting a steady red signal.
(b) For a third or subsequent violation of this article committed by the owner of the same motor vehicle during
any 12-month period, the amount of civil penalty shall be $150.
(c) An owner who fails to timely pay the civil penalty shall be subject to a late payment penalty of $25.
Sec. 45-483. Enforcement; procedures.
(a) The police department and the municipal courts administration department shall be responsible for the enforcement
and administration of this article. The police chief and the chief clerk of the municipal courts shall establish and
implement appropriate procedures to effect the policy of this article.
(b) To impose a civil penalty under this article, the municipal courts administration department shall mail or caused
to be mailed a notice of violation to the owner of the motor vehicle liable for the civil penalty not later than 30 days after
the date the violation 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 article shall contain the following:
(1) A description of the violation alleged;
(2) The date, time, and location of the violation;
(3) The name and address of the owner of the vehicle involved in the violation;
(4) The license plate number of the vehicle involved in the violation;
(5) A copy of a recorded image of a license plate of the vehicle involved in the violation;
(6) The amount of the civil penalty to be imposed for the violation;
(7) A statement that the person named in the notice of violation may pay the civil penalty in lieu of appearing at an
administrative adjudication hearing;
(8) The date by which the civil penalty must be paid;
(9) Information that informs the person named in the notice of violation:
a. Of the right to contest the
imposition of the civil penalty in an
administrative adjudication;
b. Of the manner and time to contest the civil penalty;
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
and constitutes a waiver of the right to appeal under section 45-487 of this Code;
and
(d) That failure to pay the civil penalty
within the time allowed shall result in the imposition of a late-payment fee
of $25; and
(10) A statement that, if at the time and place of the violation the vehicle was being operated by a person other than
the owner, then the owner may transfer liability for the the violation to the person who was operating the vehicle at
the 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 adress of the person:
a. Who was 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
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 on the tenth day after the date
the notice of violation was mailed.
(e) A person who receives a notice of violation of this article may pay a civil penalty in lieu of appearing at
an administrative within 15 days after receipt of the notice of violation.
(f) In lieu of issuing a notice of violation of this article, the police department may mail a warning notice to
the owner.
Sec. 45-484. Administrative adjudication hearing.
(a) A person who receives a notice of violation of this article may contest the
imposition of the civil penalty
by submitting a written request to the municipal courts administration department for an administrative
adjudication of the
civil penalty within 15 days after the receipt of the notice of violation. Upon receipt of timely request, the municipal
courts administration department shall notify the person of the date and time of the administrative adjudication hearing
shall be held before a hearing officer appointed by the mayor.
(b) Failure to pay a civil penalty or to contest liability in a timely manner 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 45-487 of this Code.
(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 45-487of this Code.
(d) 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 written proof described in Item 45-483 (c) (10) of this Code.
(e) 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 costs
in the amount of $25 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 after the date on which the hearing ended.
(f) 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 monitoring system used to produce the recorded image of the 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 and operate the system. Such an affidavit 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.
(g) 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 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
sub item 45-483(c)(9)b of this Code for a hearing to be timely requested
but measured from the date the mailed notice was received as stated in the affidavit filed under item (1) above, the person
requests an administrative adjudication hearing.
Sec. 45-485. Affirmative defenses.
(a) 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 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 had been issued;
(7) The vehicle was being operated by a person other than the owner of the vehicle;
(8) The presence of ice, snow, unusual amounts of rain or other unusually hazardous
road conditions existed that
would make compliance with this article more dangerous under the circumstances than non-compliance; or
(9) the person who received the notice of violation was not the owner of the motor vehicle a the time of the violation.
(b) 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.
Sec. 45-487. Appeal.
A person who is found liable after an administrative adjudication hearing may appeal that finding of liability to the
municipal courts by filing a notice of appeal with the chief clerk of the municipal courts. The notice of appeal must
be filed not later than 31 days after the date on which the administrative adjudication hearing officer entered the finding
of liability and shall be accompanied by payment of an appellate filing fee of $50. Unless the person, on or before
the date of 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 the civil penalty. An appeal shall be determined by the municipal courts by trial de
novo. The affidavits submitted under subsection 45-484(f) of this Code 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. 45-488. Effect of liability; exclusion of civil remedy; enforcement.
(a) The imposition of a civil penalty under this chapter is not a conviction and may not be considered a conviction
for any purpose.
(b) No civil penalty may be imposed under this article 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 photographic traffic monitoring system.
(c) The city attorney is authorized to file suit to enforce collection of a civil penalty under this article.
Sec. 45-489. Disposition of fees.
All penalties and fees collected from the imposition of civil liability under this article shall be first expended to
defray all costs associated with the operation and enforcement of the photographic traffic monitoring system and any remaining
funds shall be deposited in the police special services fund to be expended for public safety programs."
On December 21, 2004, the following Houston City Council Members and the Mayor voted for the "Photographic Traffic Monitoring
System," Ordinance 2004-1312:
Mayor White
Council Member Lawrence
Council Member Galloway
Council Member Goldberg
Council Member Holm
Council Member Garcia
Council Member Alvarado
Council Member Ellis
Council Member Quan
Council Member Sekula-Gibbs
Council Member Green
Council Member Berry
To their credit, Houston City Council Members Edwards and Wiseman voted against the ordinance
authorizing the use
of the red light camera.
