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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vehicle owner shall, within 30 calendar days after the date the school bus stop arm citation is received, provide to the department the name and address of the individual who was renting or leasing the motor vehicle depicted in the recorded image and a statement of the period during which that individual was renting or leasing the vehicle. This information must be provided regardless of whether the person provides evidence under Subsections (d) and (e) of this section that the vehicle was being rented, leased, or test driven at the time of the school bus stop arm violation. (h) A registered owner named in the school bus stop arm citation who did not hold legal title to the motor vehicle at the time of a school bus stop arm violation will not be liable for the civil school bus stop arm fines, penalties, and costs imposed by the city on that vehicle if the registered owner presents evidence establishing that another person held legal title to the vehicle at the time the recorded image of the school bus stop arm violation was taken. Evidence sufficient to establish that the vehicle was owned by another person at the time of the school bus stop arm violation includes: (1) the true name, address, and driver's license number and state of issuance of the person who held legal title to the vehicle at the time the recorded image of the school bus stop arm violation was taken; or (2) a true copy of any purchase or sale documentation (including proof of transfer of title) showing the name of the person who held title to the vehicle at the time the recorded image of the school bus stop arm violation was taken (that person's address must also be provided if not contained in the documentation). (1) Evidence presented under Subsection (h) 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. (j) If the registered owner named in the violation complies with Subsections (h) and (i) of this section, the registered 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 person who held legal title to the vehicle at the time the recorded image of the school bus stop arm violation was taken. A registered owner named in the school bus stop arm citation who fails to comply with Subsections (h) and (1) of this section will be treated as any other vehicle owner and will be liable for the school bus stop arm violation. SECTION 4 — CIVIL SCHOOL BUS STOP ARM CITATIONS; FORM. (a) A civil school bus stop arm citation serves as the summons and complaint for purposes of the Procedures. (b) The school bus stop arm citation must be on a form prescribed by the director and must include the following information: