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

Home Browse Search

warning lights and other equipment required by Section 547.701(c) of the Texas Transportation Code, as amended, warns drivers that the school bus is stopped for the purpose of loading or unloading students; and (b) is capable of producing a recorded image depicting the license plate attached to the front or the rear of a motor vehicle that passes the school bus in violation of the Ordinance. RECORDED IMAGE means a photographic or digital image recorded by a photographic school bus stop arm enforcement system that depicts the front or the rear of a motor vehicle. SCHOOL BUS has the meaning given that term in Section 541.201 of the Texas Transportation Code, as amended. SCHOOL BUS STOP ARM VIOLATION or CIVIL SCHOOL BUS STOP ARM VIOLATION means a violation of the Ordinance. SCHOOL BUS STOP ARM CITATION or CIVIL SCHOOL BUS STOP ARM CITATION means a citation for a school bus stop arm violation issued under the Ordinance. (a) The city manager or a designated representative shall appoint enforcement officers to issue civil school bus stop arm citations. (b) An enforcement officer shall have the following powers, duties, and functions: (1) To review recorded images from the photographic school bus stop arm enforcement system to determine whether a school bus stop arm violation has occurred. (2) To order a school bus stop arm citation to be issued based on evidence from the recorded images. (3) To void recorded images due to lack of evidence or due to knowledge that a defense described in Section 3 of these Procedures applies. SECTION 2 — HEARING OFFICERS — POWERS, DUTIES, AND FUNCTIONS. (a) The city council shall designate hearing officers from a list of persons recommended by the city manager, or a designated representative, to administratively adjudicate all school bus stop arm violations for which a civil school bus stop arm citation has been issued. (b) A hearing officer shall have the following powers, duties, and functions: (1) To administer oaths. (2) To accept admissions to, and to hear and determine contests of, school bus stop arm violations under this article.