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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(14) A notification that an arrest warrant may not be issued for failure to timely pay the civil fines, penalties, and costs and that the imposition of the civil penalty may not be recorded on the vehicle owner's driving record. (c) The original or any copy of a civil school bus stop arm citation is a record kept in the ordinary course of city business and is prima facie evidence of the facts contained in the citation. SECTION 5 — SERVICE OF A CIVIL SCHOOL BUS STOP ARM CITATION. (a) In order to impose a civil fine under these Procedures, the director shall send a school bus stop arm citation to the owner of the motor vehicle involved in the school bus stop arm violation within 30 calendar days after the date the violation is alleged to have occurred. The citation must be sent, by United States mail, to: (1) the owner's address as shown on the registration records of the Texas Department of Transportation; (2) if the vehicle is registered in another state or country, the owner's address as shown on the motor vehicle registration records of the department or agency of the other state or country analogous to the Texas Department of Transportation; (3) if the owner presents evidence or information that the vehicle was being rented, leased, or test driven at the time of the school bus stop arm violation, the address provided by the seller or lessor; or (4) if the registered owner presents evidence that another person had legal title to the vehicle at the time of the school bus stop arm violation, the address provided. (b) A school bus stop arm citation is presumed to have been received on the fifth day after the date the citation is mailed. SECTION 6 — ANSWERING A CIVIL SCHOOL BUS STOP ARM CITATION. (a) A vehicle owner who has been issued a civil school bus stop arm citation shall, either personally or through a representative, answer to the charge of the school bus stop arm violation by the date shown on the citation, which date may not be earlier than the 30th day after the date the citation is issued. An answer may be made in any of the following ways: (1) An admission of liability with a payment of the applicable civil fine, and any additional penalties and costs. (2) A request to schedule an administrative adjudication hearing to either deny liability or admit liability with an explanation before a hearing officer.