§ 21-207. Red light violations as civil offenses; defenses; presumptions.

(a)

The owner of a motor vehicle that proceeds into a camera-enforced intersection when the traffic signal for that vehicle's direction of travel is emitting a steady red signal commits a civil offense and is liable for a civil fine under this article.

(b)

It is an affirmative defense to a charge of a civil red light violation under this section that:

(1)

The traffic signal was not in proper position or was not sufficiently visible to an ordinarily observant person;

(2)

The operator of the motor vehicle was acting in compliance with the lawful order or direction of a peace officer;

(3)

The operator of the motor vehicle was lawfully making a right turn while a red signal was being emitted from the traffic signal;

(4)

The operator of the motor vehicle was lawfully making a left turn from a one-way street onto another one-way street while a red signal was being emitted from the traffic signal;

(5)

The operator of the motor vehicle was completing a left turn after having entered the intersection before a red signal was emitted from the traffic signal;

(6)

The operator of the motor vehicle violated the instructions of the traffic signal in order to yield the right-of-way to an immediately approaching authorized emergency vehicle;

(7)

The motor vehicle was being operated as an authorized emergency vehicle under Chapter 546, Texas Transportation Code;

(8)

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;

(9)

The license plate depicted in the recorded image of the civil red light violation was a stolen plate being displayed on a motor vehicle other than the motor vehicle for which the plate 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;

(10)

The presence of ice, snow, unusual amount of rain, or other unusually hazardous road conditions exist that would have made compliance with this section more dangerous under the circumstances than non-compliance; or

(11)

The person who received the civil red light citation did not hold legal title to the motor vehicle, and was not a lessee of the vehicle at the time of the civil red light violation and proof is submitted to the hearing officer.

(c)

It is presumed that the registered owner of the vehicle for which a civil red light citation is issued is the person who committed the civil red light violation. Proof of ownership may be shown by a computer-generated record of the registration of the vehicle with the Texas Department of Transportation showing the name of the person to whom state license plates were issued. This proof is prima facie evidence of ownership of the vehicle by the person to whom the certification of registration was issued.

(d)

A vehicle owner who is engaged in the business of renting or leasing vehicles under written rental or leasing agreements will not be liable for the civil red light fines, penalties, and costs imposed by the city on a rented or leased vehicle if, not later than the thirtieth day after receiving a civil red light citation, the vehicle owner provides in affidavit form:

(1)

The true name, address, and driver's license number and state of issuance of the person in possession of the vehicle at the time the photographic image of the civil red light violation was recorded; and

(2)

A certified copy of the lease or rental agreement in effect at the time of the photographic image of the civil red light violation was recorded.

(e)

If the lessor of a vehicle complies with subsection (d), the director shall send the civil red light citation to the person named under subsection (d)(1) or (d)(2). The lessor of a vehicle who fails to comply with subsection (d) will be liable for the civil red light violation fines, penalties, and cost imposed by the city.

(f)

A vehicle owner who did not hold legal title to the motor vehicle at the time of a civil red light violation will not be liable for the civil red light fines, penalties, and costs imposed by the city if, not later than the thirtieth day after receiving a civil red light citation, the owner provides in affidavit form:

(1)

The true name, address, and driver's license number and state of issuance of the person who held legal title to the vehicle at the time the photographic image of the civil red light violation was recorded; and

(2)

A certified copy of any purchase or sale documentation (including proof of transfer of title) showing the name in which the title of the vehicle was held at the time the photographic image of the civil red light violation was recorded.

(g)

If the vehicle owner complies with subsection (f), the director may send the civil red light citation to the person named under subsection (f)(1) or (f)(2). A vehicle owner who fails to comply with subsection (f) will be treated as the vehicle owner and will liable for the civil red light violation fines, penalties, and cost imposed by the city.

(Ord. No. 8746, § 1, 1-25-07; Ord. No. 8865, § 1, 9-20-07)