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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(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 school bus stop arm citation was not the owner of the vehicle depicted in the recorded image at the time of the violation. (5) A 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 the school bus stop arm citation to the address shown on the citation, accompanied by payment of the amount shown on the citation. 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 allowed under Section 8(b). SECTION 7 — ADJUDICATION 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 date of issuance of the school bus stop arm citation. (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 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 owner must appear to answer the charge at a hearing. SECTION 8 — HEARINGS FOR DISPOSITION OF A SCHOOL BUS STOP ARM CITATION; CITATION AND PHOTOGRAPHIC RECORDED IMAGES AS PRIMA FACIE EVIDENCE.