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) To issue orders compelling the attendance of witnesses and the production of documents, which orders may be enforced by a municipal court. (4) To assess civil fines, penalties, and other costs for a school bus stop arm violation in accordance with these Procedures. (5) To waive penalties assessed for a school bus stop arm violation in accordance with these Procedures. SECTION 3 — SCHOOL BUS STOP ARM VIOLATIONS AS CIVIL OFFENSES; DEFENSES; PRESUMPTIONS. (a) The Ordinance provides that 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 camera - enforced 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 in the amount of $300. (b) It is a defense to a charge of a school bus stop arm violation under this section that: (1) the school bus was not operating the visual signals required by Section 547.701(c) of the Texas Transportation Code, as amended; (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 in the process of passing the school bus before the school bus operated a visual signal described by Section 547.701(c) of the Texas Transportation Code, as amended; (4) the operator of the motor vehicle passed the stopped school bus so as to yield the right of way to an immediately approaching authorized emergency vehicle; (5) the motor vehicle was being operated as an authorized emergency vehicle under Chapter 546 of the Texas Transportation Code, as amended, and the operator was acting in compliance with that chapter; (6) 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; (7) the license plate depicted in the recorded image of the school bus stop arm 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