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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the theft of the license plate had been timely reported to the appropriate law enforcement agency; or (8) the presence of ice, snow, unusual amounts of rain, or other unusually hazardous road conditions existed that would have made compliance with this section more dangerous under the circumstances than non- compliance. (c) It is presumed that the registered owner of the vehicle depicted in the recorded image of a school bus stop arm violation for which a school bus stop arm citation is issued is the person who committed the school bus stop arm violation. Proof of ownership may be made 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 the ownership of the vehicle by the person to whom'the certificate of registration was issued. (d) A vehicle owner who is in the business of selling, renting, or leasing vehicles will not be liable for the civil school bus stop arm fines, penalties, and costs imposed by the city on a vehicle for sale or a rented or leased vehicle if the vehicle owner presents evidence establishing that the vehicle depicted in the recorded image was at the time of the alleged violation being rented, leased, or test driven by another person. Evidence sufficient to establish that the vehicle was being rented, leased, or test driven includes: (1) the true name, address, and driver's license number and state of issuance of the person renting, leasing, or test driving the vehicle at the time the recorded image of the school bus stop arm violation was taken; or (2) a true copy of the lease or rental agreement in effect at the time the recorded image of the school bus stop arm violation was taken. (e) Evidence presented under Subsection (d) of this section must be presented through oral testimony or by affidavit under penalty of perjury. Evidence through oral testimony must be presented at the administrative adjudication hearing. Evidence by affidavit under penalty of perjury may be presented by mail. (f) If the owner of a vehicle presents evidence under Subsections (d) and (e) of this section establishing that the vehicle depicted in the recorded image was being rented, leased, or test driven at the time of the violation, the owner may not be held liable for civil school bus stop arm fines, penalties, and costs, and the director shall send the school bus stop arm citation to the test driver or lessee who is presumed to have committed the school bus stop arm violation. An owner of a vehicle who fails to comply with Subsections (d) or (e) of this section will be treated as any other vehicle owner and will be liable for the school bus stop arm violation. (g) If, at the time the recorded image of the school bus stop arm violation was taken, the vehicle depicted in the recorded image was owned by a person in the business of renting or leasing motor vehicles and the vehicle was being rented or leased to an individual, the