Ord 2013-075/Amending section 82.010 to establish a civil penalty for the offense of passing a stopped school bus and providing for a civil fine of $300 per violation

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ORDINANCE NO. 2013 -75 AN ORDINANCE AMENDING CHAPTER 82 OF THE CITY CODE OF SAN MARCOS, TEXAS, BY AMENDING SECTION 82.010 TO ESTABLISH A CIVIL PENALTY FOR THE OFFENSE OF PASSING A STOPPED SCHOOL BUS; AND PROVIDING FOR A CIVIL FINE OF $300 PER VIOLATION. RECITALS: 1. 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 2. Studies have shown that motor vehicles unlawfully regularly pass stopped school buses that are operating visual signals while loading and unloading students; and 3. As, the City Council finds that unlawfully passing a stopped school bus while operating a moving motor vehicle is a traffic hazard, a danger to the public and creates a particular danger or probability of danger in the City of San Marcos; and 4. The City Council believes that creating a civil penalty for unlawfully passing a stopped school buses would further and protect the public health, safety, and welfare; and 5. 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS: SECTION 1. That Chapter 82 of the City Code of San Marcos, Texas, Section 82.010 is hereby amended, which shall read as follows: SEC. 82.010 SCHOOL BUS STOP ARM VIOLATIONS AS CIVIL OFFENSES. Lal 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 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 of three hundred dollars ($300) per violation..