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2008-08-12 Red Light Camera Citizens Advisory MeetingCity of Southlake, Texas MEMORANDUM Tuesday, September 23, 2008 To: Red Light Camera Citizen's Advisory Committee From: Jim C. Blagg, Assistant City Manager/Director of Public Safety Subject: Consider Recommendation for the Placement of Red Light Cameras Action Requested: Approve Recommendation for the Placement of Red Light Cameras at Carroll at East Southlake Blvd. (FM1709)-WB, Kimball at East Southlake Blvd. (FM1709)- WB, Davis (FM1938) at West Southlake Blvd. (FM1709)- EB, and Peytonville at West Southlake Blvd. (FM1709)- NB. Background Information: It is the responsibility of the Citizen's Advisory Committee to "review the traffic engineering study that is required by the ordinance and advise the City Council on the installation and operation of the photographic traffic signal enforcement systems installed within the City based solely on such study. The Committee shall not have any authority over the photographic traffic signal enforcement systems other than to make a recommendation to the City Council with respect to decision concerning the installation of such systems based solely on the traffic engineering study." On April 8, 2008, the Citizen's Advisory Committee approved (6-0) the placement of red light cameras at the intersections of State Highway 114 at Gateway and F.M. 1709 at Pearson. The red light cameras went live at the intersections of State Highway 114 at Gateway and F.M. 1709 at Pearson on August 29, 2008. During the first ten (10) days of operation the Department of Public Safety - Police Services processed 148 incidents that were available for prosecution and issued a total of 105 red light violation notices. Based on data collected by Police Services over an 18 month period, the video surveys conducted by Redflex and the results of engineering studies performed, the City staff is recommending that photographic traffic signal enforcement systems also be placed at the following intersections: INTERSECTION APPROACH LT THRU RT TOTAL Carroll Ave & FM 1709 WB 0 3 20 23 Kimball Ave & FM 1709 WB 0 4 25 29 Davis & FM 1709 NB 3 4 0 7 Peytonville & FM 1709 EB 0 11 12 23 Carroll at East Southlake Blvd. (FM1709)-WB Police Services Report from January through June 2006, 2007, and 2008: Total Accidents 29 Total Citations Issued 57 2006 9 accidents 22 citations 2007 12 accidents 14 citations 2008 8 accidents 16 citations Contributing Factors: Failed to Yield ROW — Turning Left 8 Following Too Closely 4 Failed to Control Speed 4 Driver Inattention 2 Under the Influence of Alcohol 1 Disregarded Stop and Go Signal 2 Turned When Unsafe 5 Turned Improperly Wrong Lane 2 Undetermined 1 Kimball at East Southlake Blvd. (FM1709)-WB Police Services Report from January through June 2006, 2007, and 2008: Total Accidents 30 Total Citations Issued 55 2006 5 accidents 20 citations 2007 14 accidents 23 citations 2008 11 accidents 12 citations Contributing Factors Failed to Yield ROW — Turning Left 8 Following Too Closely 2 Failed to Control Speed 6 Driver Inattention 5 Disregarded Stop and Go Signal 5 Turned When Unsafe 1 Turned Improperly Wrong Lane 1 Failed to Yield ROW — Turn on Red 1 Undetermined 1 Davis (FM1938) at West Southlake Blvd. (FM1709)-NB Police Services Report from January through June 2006, 2007, and 2008: Total Accidents 37 Total Citations Issued 71 2006 8 accidents 33 citations 2007 21 accidents 30 citations 2008 8 accidents 8 citations Contributing Factors: Failed to Yield ROW —Turning Left 12 Following Too Closely 3 Failed to Control Speed 5 Driver Inattention 11 Disregarded Stop and Go Signal 4 Cell Phone Use 1 Turned Improperly Wide Right 1 Peytonville at West Southlake Blvd. (FM1709)-EB Police Services Report from January through June 2006, 2007, and 2008: Total Accidents 13 Total Citations Issued 33 2006 5 accidents 13 citations 2007 5 accidents 8 citations 2008 3 accidents 12 citations Contributing Factors: Failed to Yield ROW — Turning Left 6 Following Too Closely 2 Failed to Control Speed 1 Driver Inattention 1 Failed to Stop at Proper Place Turned Improperly Wide Right Failed to Yield ROW - Turn on Red Financial Considerations: The City will receive one half of the net revenues from the citations written as a result of the placement of these cameras. Citizen Input/ Board Review: NIA Legal Review: N/A Alternatives: Do not approve these sites Supporting Documents: Ordinance No. 922 and draft engineering reports Staff Recommendation: Approve Recommendation for the Placement of Red Light Cameras at Carroli at East Southlake Blvd. (FM1709)-WB, Kimball at East Southlake Blvd. (FM1709)- WB, Davis (FM1938) at West Southlake Blvd. (FM1709)- EB, and Peytonville at West Southlake Blvd. (FM1709)- N B. Staff Contact: Jim C. Blagg, Assistant City Manager/Director of Public Safety ORDINANCE NO.922 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE, BY AMENDING CHAPTER 18, TRAFFIC AND VEHICLES, TO ADD A NEW ARTICLE Vill, AUTOMATED RED LIGHT ENFORCEMENT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to article XI, section 5 of the Texas Constitution and chapter 9 of the Texas Local Government Code; and WHEREAS, the City Council of the City of Southlake desires to implement a red light photographic traffic signal enforcement system pursuant to chapter 707 of the Texas Transportation Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That the Code of Ordinances of the City of Southlake, Texas is hereby amended by amending Chapter 18, Traffic and Vehicles, to add a new Article Vill, Automated Red Light Enforcement, to read as follows: "Article Vill. Automated Red Light Enforcement Sec.18-325. Purpose. The purpose of this article is to implement a photographic traffic signal enforcement system pursuant to chapter 707 of the Texas Transportation Code and to provide that the owner of a motor vehicle is liable to the City for a civil penalty if, while facing only a steady red signal displayed by an electrically operated traffic -control signal located in the City, the vehicle is operated in violation of the instructions of the traffic -control signal, as specified by section 544.007(d) of the Texas Transportation Code. page 7 Sec. 18.326. Definitions. In this article: (1) "Department' mean the Police Department of the City of Southlake, Texas, or an entity with which the City contracts under section 707.003(a)(1) of the Texas Transportation Code for the enforcement and administration of this article. (2) "Municipal Court" shall mean the Southlake Municipal Court. (3) "Owner of a motor vehicle" shall mean the owner of a motor vehicle as shown on the motor vehicle registration records of the Texas Department of Transportation or the analogous department or agency of another state or country. The term "owner' includes a lessee of a motor vehicle under a lease of six (6) months or more from a motor vehicle rental or leasing company, but does not include the motor vehicle rental or leasing company itself. (4) "Photographic Traffic Signal Enforcement System" shall mean a system that: (a) consists of a camera system and vehicle sensor installed to exclusively work in conjunction with an electrically operated traffic -control signal; and (b) is capable of producing at least two recorded images that depict the license plate attached to the front or the rear of a motor vehicle that is not operated in compliance with the instructions of the traffic -control signal. (5) "Recorded Image" means a photographic or digital image that depicts the front or the rear of a motor vehicle. (6) `System Location" means the approach to an intersection toward which a photographic traffic monitoring system is directed and in operation. (7) "Traffic Control Signar has the meaning assigned by section 541.304 of the Texas Transportation Code, as amended. Page 2 Sec.18-327. Administration and Enforcement of Photographic Traffic Signal Enforcement System. (a) The Department is responsible for the enforcement and administration of this article. (b) To implement the photographic traffic signal enforcement system under this article, the City may: (1) contract for the administration and enforcement of the system as provided in section 707.003(a)(1) of the Texas Transportation Code; (2) install and operate the system or contract for the installation or operation of the system as provided in section 707.003 (a)(1) of the Texas Transportation Code. (c) The City or the person with which the City contracts for the administration and enforcement of a photographic traffic signal enforcement system shall not report information concerning civil penalties imposed under this article to a credit bureau as defined in section 392.001 of the Texas Finance Code. Sec. 18-328. Citizen Advisory Committee. The City Council shall appoint a Citizen Advisory Committee consisting of one person appointed by each Councilmember. The committee shall review the traffic engineering study described in section 18-329 of this article and shall advise the City Council on the installation and operation of the photographic traffic signal enforcement systems installed within the City limits based solely on such study. The committee shall not have any authority over the photographic traffic signal enforcement systems other than to make recommendations to the City Council with respect to decisions concerning the installation of such systems based solely on the traffic engineering study. Sec. 18429. Procedures for Creation of Photographic Traffic Signal Enforcement Systems. (a) Before installing a photographic traffic signal enforcement system at an intersection approach, the City shall conduct or cause to be conducted a traffic engineering study or the approach to determine whether, in addition to or as an alternative to the system, a design change to the approach or a change in the signalization of the intersection is likely to reduce the number of red light violations at the intersections. Page 3 (b) The City shall report the results of the traffic engineering study described in subsection (a) to the Citizen Advisory Committee appointed by the City Council pursuant to section 18-328. (c) Any intersection approach selected by the City for the installation of a photographic traffic signal enforcement system must be. selected based on traffic volume, the history of accidents at the approach, the number or frequency of red light violations at the intersection, and any similar traffic engineering and safety criteria, without regard to the ethnic or socioeconomic characteristics of the area in which the approach Is located. (d) The City may not impose the civil penalty described in section 18-333 on an owner of a motor vehicle if it does not first comply with the requirements of subsections (a) and (b) above. However, the failure of the City to comply with the requirements of subsections (a) and (b) above with respect to one intersection shall not prevent the City from imposing said civil penalty on the owner of a motor vehicle for a violation occurring at a different intersection. (e) in addition to installing the photographic traffic signal enforcement system, the City shall also install signs along each roadway that leads to the intersection at which such system is installed. The signs must be at least 100 feet from the intersection or located according to the standards established in the manual adopted by the Texas Transportation Commission under section 544.001 of the Texas Transportation Code. In addition, the signs must be easily readable to any motor vehicle operator approaching the intersection and must clearly indicate the presence of a photographic monitoring system that records violations that may result in the issuance of a notice of violation and the imposition of a monetary penalty. Sec.18-330. Reports of Accidents. For years beginning on or after January 1, 2008, the following requirements shall apply: (a) Before installing a photographic traffic signal enforcement system at an intersection approach, the Department shall compile a written report of the number and type of traffic accidents that have occurred at the intersection for a period o€18 months before the date of the report. (b) Not later than six months after the date of the installation of the photographic traffic signal enforcement system at the intersection, the Department shall provide a copy of the report required by subsection (a) to the Texas Department of Transportation. page 4 (c) After installing a photographic traffic signal enforcement system at an Intersection approach, the City shall monitor and annually report to the Texas Department of Transportation the number and type of traffic accidents at the Intersection to determine whether the system results in a reduction in accidents or a reduction in the severity of accidents. (d) The report shall be in writing in the form prescribed by the Texas Department of Transportation. Sec.18-331. Minimum Change Interval. At an intersection at which a photographic traffic monitoring system is in use, the minimum change interval for a steady yellow signal shall be established in accordance with the Texas Manual on Uniform Traffic Control Devices. Sec.18-332. General Surveillance Prohibited. The City shall operate the photographic traffic control signal enforcement system only for the purpose of detecting a violation or suspected violation of a traffic control signal. Sec.18-333. imposition of Civil Penalty; Other Penalties and Fees. (a) The owner of a motor vehicle is liable to the City for a civil penalty of $75.00 if, while facing only a steady red signal displayed by an electrically operated traffic -control signal located in the City, the vehicle is operated in violation of the instructions of the traffic -control signal, as specified by section 544.007(d) of the Texas Transportation Code. (b) A person who fails to timely pay the civil penalty shall also be liable to the City for a late payment penalty of $25.00. (c) A person who pays the amount due by check and whose check is rejected or declined shall be subject to an additional fee of $25.00. (d) A person who pays the amount due by credit card over the Internet shall be subject to an additional convenience fee of $2.95. Sec. 18-334. Effect on Other Enforcement. (a) The implementation of the photograph traffic signal enforcement system by the City under this article does not: (1) preclude the application or enforcement in the City of section 544.007(d) of the Texas Transportation Code in the manner prescribed by chapter 543 of the Texas Transportation Code; Page 5 (2) prohibit a peace officer from arresting a violator of section 544.007(d) of the Texas Transportation Code as provide by chapter 543 of the Texas Transportation Code, if the peace officer personally witnesses this violation, or from issuing the violator a citation and notice to appear as provided by the chapter 543 of the Texas Transportation Code. (b) The City may not impose a civil penalty under this article on the owner of a motor vehicle if the operator of the vehicle was arrested or issued a citation and notice to appear by a peace officer for the same violation of section 544.007(d) recorded by the photographic traffic signal enforcement system. Sec. 18-335. Notice of Violation; Contents. (a) The imposition of a civil penalty under this article is initiated by the mailing of a notice of violation to the owner of the motor vehicle against whom the City seeks to impose the civil penalty. Not later than the 30th day after the date the violation is alleged to have occurred, the Department shall mail a notice of violation to the owner of the motor vehicle at: (1) the owner's address as shown on the registration records of the Texas Department of Transportation; or (2) if the vehicle is registered in another state or country, the owner's home 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. (b) A notice of violation issued under this article shall contain: (1) a description of the violation alleged; (2) the location of the intersection where the violation occurred; (3) the date and time of the violation; (4) the name and address of the owner of the vehicle involved in the violation; (5) the registration number displayed on the license plate of the vehicle involved in the violation; Page 6 (6) a copy of a recorded image of the violation limited solely to a depiction of the area of the registration number displayed on the license plate of the vehicle involved in the violation; (7) the amount of the civil penalty for which the owner is liable; (8) the person has 30 days from the date the notice of violation is mailed in which to pay or contest the imposition of the civil penalty and a statement that the person incurs a late payment penalty if the civil penalty is not paid or imposition of the penalty is not contested within that period; (9) a statement that the owner of the vehicle in the notice violation may elect to pay the civil penalty by mail sent to a specified address instead of appearing at the time and place of the administrative adjudication hearing; and (10) Information that informs the owner of the vehicle named in the notice of violation: (A) of the owner's right to contest the imposition of the civil penalty in an administrative adjudication hearing; (B) that imposition of the civil penalty may be contested by submitting a written request for an administrative adjudication hearing before the expiration of the time to contest the imposition of the civil penalty; (C) that failure to pay the civil penalty within the time prescribed or to timely contest liability in. a timely manner is an admission of liability and a waiver of the owner's right to appeal the imposition of the civil penalty; (D) that if the owner fails to timely pay the amount of the civil penalty imposed against the owner: (1) an arrest warrant may not be issued for the owner; and (2) imposition of the civil penalty may not be recorded on the owner's driving record; (E) a statement that the recorded images may be used as evidence against the person in an administrative or civil proceeding for the imposition of a civil penalty; Page 7 (F) a statement that, if at the time and place of the violation, the vehicle was being operated by a person other than the owner, if the owner is a natural person, the owner may transfer liability for the violation to the person who was operating the vehicle at that time and place if the owner submits to the Department an affidavit, on a form provided by the Department, or under oath at an administrative adjudication hearing, the name and current home address of the person: (1) operating the vehicle at the time and place of the violation; or (2) who was the subsequent owner of the motor vehicle, if the ownership of the vehicle was transferred by the owner prior to the time of the violation. (G) any other information deemed necessary by the Department. (c) A notice of violation under this article is presumed to have been received on the 5th day after the date the notice of violation is mailed. (d) In lieu of issuing a notice of violation, the Department may mail a warning notice to the owner. See.18-336. Admission of Liability. A person who fails to pay the civil penalty or to contest liability for the penalty in a timely manner or who requests an administrative adjudication hearing to contest the imposition of the civil penalty against the person and fails to appear at the hearing is considered to: (a) admit liability for the full amount of the civil penalty and late payment penalty stated in the notice of violation mailed to the person; and (b) waive the person's right to appeal the imposition of the civil penalty and the late payment penalty. See.18-337. Presumption. (a) It is presumed that the owner of the motor vehicle committed the violation alleged in the notice of violation mailed to the person if the motor vehicle Page 8 depicted in a photograph or digital image taken by a photographic traffic signal enforcement system belongs to the owner of the motor vehicle. (b) If, at the time of the violation alleged in the notice of violation, the motor vehicle depicted in a photograph or digital image taken by,a photographic traffic signal enforcement system was owned by a person in the business of selling, renting, or leasing motor vehicles or by a person who was not the person named in the notice of violation, the presumption under paragraph (a) is rebutted on the presentation of evidence establishing that the vehicle was at that time: (1) being test driven by another person; (2) being rented or leased by the vehicle's owner to another person; or (3) owned by a person who was not the person named in the notice of violation. (c) Notwithstanding section 18-338, the presentation of evidence under paragraph (b) by a person who is in the business of setting, renting, or leasing motor vehicles or did not own the vehicle at the time of the violation may be made ' by affidavit, through testimony at the administrative adjudication hearing under section 18-338, or by a written declaration under penalty of perjury. The affidavit or written declaration may be submitted by mail to the Department. (d) If the presumption established by paragraph (a) is rebutted under paragraph (b), a civil penalty and late payment penalty may not be imposed on the owner of the vehicle or the person named in the notice of violation, as applicable. (e) if, at the time of the violation alleged in the notice of violation, the motor vehicle depicted in the photograph or digital image taken by the photographic traffic signal enforcement system 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 owner of the motor vehicle shall provide to the Department the name and address of the individual who was renting or leasing the motor vehicle depicted in the photograph or digital image and a statement of the period during which that individual was renting or leasing the vehicle. The owner shall provide the information required by this paragraph not later than the 30t' day after the date the notice of violation is received. If the owner provides the required information, it is presumed that the individual renting or leasing the motor vehicle committed the violation alleged in the notice of violation and the Department may send a notice of violation to that individual at the address provided by the owner of the motor vehicle. Page 9 Sec. 18-338. Administrative adjudication hearing. (a) A person who receives a notice of violation under this article may contest the imposition of the civil penalty specified in the notice of violation by filing a written request for an administrative adjudication hearing. The request for a hearing must be filed with the Department not later than the 30t' day after the date the notice of violation was mailed. (b) If the person requesting the hearing either fails to appear at the hearing, or if the hearing officer determines that there was a violation, and the person requesting the hearing either elects not to appeal, or if the person requesting the hearing is unsuccessful on an appeal filed under Section 18-341, the Department shall assess a fee of Thirty -Five Dollars and no cents ($35.00) against the person requesting the hearing. (c) On receipt of a timely request for an administrative adjudication hearing, the Department shall notify the person of the date, time and place of the hearing. The hearing shall be held within 30 days of the request for a hearing unless the person who receives the notice of violation is granted a delay by the hearing officer. (d) A hearing officer designated by the City Council shall conduct the administrative adjudication hearing. The hearing officer shall have authority to issue orders compelling the attendance of witnesses and the production of documents. (e) In an administrative adjudication hearing, the issues must be proven by a preponderance of the evidence. (f) The reliability of the photographic traffic signal enforcement system used to produce the recorded image of the motor vehicle involved in the violation may be attested to by affidavit of an officer or employee of the Department who is responsible for inspecting and maintaining the system. (g) An affidavit of an officer or employee of the Department that alleges a violation based on an inspection of the applicable recorded image is: (1) admissible in the administrative adjudication and in an appeal under section 18-341; and (2) evidence of the facts contained in the affidavit. (h) It shall be an affirmative defense to liability under this article, to be proven by the person contesting liability by a preponderance of the credible evidence, that: Page 10 (1) the person was operating the motor vehicle in compliance with the lawful order or direction of a police officer, fire fighter or other person authorized by local, state or federal law to direct or control traffic; (2) the person had no other choice but to violate the instructions of the traffic -control signal in order to yield the right-of-way to an immediately approaching authorized emergency vehicle; (3) the person was operating an emergency vehicle as defined in chapter 546 of the Texas Transportation Code and that the person with acting in compliance with that chapter; (4) the license plate depicted in the recorded image was a stolen plate and being displayed on a motor vehicle other than the motor vehicle for which the plate had been issued; (5) at the time of the violation, and if the owner is a natural person, the vehicle was being operated by a person other than the owner of the vehicle and the owner, in the proceeding, provides the name and current home address of the person who was operating the vehicle at the time and place of the violation; (6) prior to the time of the violation, the owner transferred We to the motor vehicle described in the notice of violation to another person or entity and the owner, in the proceeding, provides the name and current address of the subsequent owner of the vehicle; and (7) the person was arrested or issued a citation and notice to appear by a peace officer for a violation of section 544.007(d) of the Texas Transportation Code which was recorded by the photographic traffic signal enforcement system. (i) To demonstrate that at the time of the violation the motor vehicle was stolen or that the license plate displayed on the vehicle was stolen, the owner must submit proof acceptable to the hearing officer that the theft of the vehicle or license plate was reported to the appropriate law enforcement agency. 0) In the event that the owner submits the proof described in section 18-335(b)(10)(F) or in the event that the owner establishes the affirmative defense described in section 18-338(g)(5) or rebuts the presumption of violation described in section 90-337, the Department may issue a notice of violation to the person alleged by the owner to have been driving the motor vehicle at the Page 11 time of the violation within 30 days of the Department's receipt of the proof described in sections 18-335(b)(10)(F) and 18-337(b) or within 30 days of the hearing at which the owner established the affirmative defense described in section 18-338(g)(5). Sec.18-339. Untimely Request for Administrative Hearing. Notwithstanding any other provision of this article, a person who receives a notice of violation under this article and who fails to timely pay the amount of the civil penalty or fails to timely request an administrative adjudication hearing is entitled to an administrative adjudication hearing if: (1) the person submits a written request for the hearing to the designated hearing officer, accompanied by an affidavit that attests to the date on which the person received the notice of violation; and (2) the written request and affidavit are submitted to the hearing officer within 30 days after the date the person received the notice of violation. See. 18-340. Order. (a) The hearing officer at the conclusion of any administrative adjudication hearing under this article shall issue an order stating: (1) whether the person charged with the violation is liable for the violation; and (2) the amount of any penalty, cost, or fee assessed against the person. (b) The orders issued under subsection (a) must be in writing and signed and dated by the hearing officer and may be filed with the City Secretary who shall. keep the orders in a separate index and file. The orders may be recorded using microfilm, microfiche, or data processing techniques. See.18-341. Appeal. (a) The owner of a motor vehicle determined by a hearing officer to be liable for a civil penalty may appeal that determination to a judge by filing an appeal petition with the clerk of the Municipal Court. (b) The petition must be: Page 12 (1) filed before the 315t day after the date on which the administrative adjudication hearing officer entered the finding of liability for the civil penalty; and (2) accompanied by the payment of the appellate filing fee of $50.00 to cover the costs required by law for the court. (c) The court clerk shall schedule a hearing and notify the owner of the motor vehicle and the Department of the date, time, and place of the hearing. (d) An appeal stays enforcement and collection of the civil penalty and any late penalty imposed against the owner of the motor vehicle. The owner shall file a notarized statement of personal financial obligation to perfect the owner's appeal. (a) An appeal under this section shall be determined by the court by trial de novo. All evidence submitted at the administrative hearing shall be and any additional relevant evidence may be admitted in the trial. (0 The Municipal Court shall have exclusive appellate jurisdiction within the City's territorial limits in cases arising under this article. Sec. 18-342. Imposition of Civil Penalty Not a Conviction. The imposition of a civil penalty under this article is not a criminal conviction and may not be considered a conviction for any purpose. See.18-343. Enforcement. In accordance with section 701.017 of the Texas Transportation Code, if the owner of a motor vehicle is delinquent in the payment of a civil penalty imposed under this article, the county assessor -collector or the Texas Department of Transportation may refuse to register a motor vehicle alleged to have been involved in the violation. See.18-344. Failure to Pay Civil Penalty. (a) If the owner of the motor vehicle fails to timely pay the amount of the civil penalty imposed against the owner: (1) an arrest warrant may not be issued for the owner; and (2) the imposition of the civil penalty may not be recorded on the owner's driving record. Page 13 (b) Notice of subsection (a) must be included in the notice of violation required by section 18-335. (c) The City Attorney is authorized to file suit to enforce collection of any civil penalties and late payment fees assessed under this article. Sec. 18-345. Revenue from Civil Penalties and Other Fees. (a) Not later than the 60th day after the end of the City's fiscal year, after deducting amounts the City is authorized by subsection (b) to retain, the City shall: (1) send 50 percent of the revenue derived from civil or administrative penalties collected by the City under this section to the comptroller for deposit to the credit of the regional trauma account established under section 782.002 of the Texas Health and Safety Code; and (2) deposit the remainder of the revenue in a special account in the City's treasury that may be used only to fund traffic safety programs, including pedestrian safety programs, public safety programs, intersection improvements, and traffic enforcement. (b) The City may retain an amount necessary to cover the costs of: (1) purchasing or leasing equipment that is part of or used -in connection with the photographic traffic signal enforcement system in the City; (2) installing the photographic traffic signal enforcement system at sites in the City, including the costs of installing cameras, flashes, computer equipment, loop sensors, detectors, utility lines, data tines, poles and mounts, networking equipment, and associated labor costs; (3) operating the photographic traffic signal enforcement system in the City, including the costs of creating, distributing, and delivering violation notices, review of violations conducted by City employees, the processing of fine payments and collections, and the costs associated with administrative adjudications and appeals; and Page 14 (4) maintaining the general upkeep and functioning of the photographic traffic signal enforcement system." SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Southlake, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect/ the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. The City Secretary of the City of Southlake is hereby directed to publish this ordinance to the extent required by law. SECTION 5. This Ordinance shall take effect immediately from and after its passage and approval, and it is so ordained. Page 15 PASSED AND APPROVED on the 1st reading the 4fh day of &pm,ha) .2007. MAYOR `ffff.ffFl►ry �.•`•Q�THL4 ATTEST: ply o•,.......� =u. CITY SECRETAMY PW ED AND APPROVED on the 2nd reading the day of 2007. APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY MAYOR ATTEST: .sff• a. .a C LA 3�.•• �RETA Y ; of �C40 Page 16 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 S.B. No. 1119 AN ACT relating to the implementation of a photographic traffic signal enforcement system; providing for the imposition of civil penalties and to the use of the money collected to help fund trauma facilities and emergency medical services; providing a criminal penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle 1, Title 7, Transportation Code, is amended by adding Chapter 707 to read as follows: CHAPTER 707. PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM Sec 707.001. DEFINITIONS. In this chapter: (1) "Local authority" has the meaning assigned by Section 541.002. (2) "Owner of a motor vehicle" means the owner of a motor vehicle as shown on the motor vehicle registration records of the Texas Department of Transportation or the analogous department or agency of another state or country. (3) "Photographic traffic signal enforcement system" means a system that: (A) consists of a camera system and vehicle sensor installed to exclusively work in conjunction with an electrically operated traffic -control signal; and (B) is capable of producing at least two recorded images that depict the license plate attached to the front or the 1 i S.B. No. 1119 1 Year of a motor vehicle that is not operated in compliance with the 2 instructions of the traffic -control signal. 3 (4) "Recorded image" means a photographic or digital 4 image that depicts the front or the rear of a motor vehicle. 5 (5) "Traffic -control signal" has the meaning assigned 6 by Section 541.304. 7 Sec. 707.002. AUTHORITY TO PROVIDE FOR CIVIL PENALTY. The 8 goyerninq body of a local authority by ordinance may implement a 9 photographic traffic signal enforcement system and provide that the 10 owner of a motor vehicle is liable to the local authority for a 11 civil penalty if, while facing only a steady red signal displayed by 12 an electrically operated traffic -control signal located in the 13 local authority, the vehicle is operated in violation of the 14 instructions of that traffic -control signal, as specified by 15 Section 544.007(d). 16 Sec. 707.003. INSTALLATION AND OPERATION OF PHOTOGRAPHIC 17 TRAFFIC SIGNAL ENFORCEMENT SYSTEM. (a) A local authority that 18 implements a photographic traffic signal enforcement system under 19 this chapter may: 20 (1) contract for the administration and enforcement of 21 the system; and 22 (2) install and operate the system or contract for the 23 installation or operation of the system. 24 (b) A local authority that contracts for the administration 25 and enforcement of a photographic traffic signal enforcement system 26 may not agree to pay the contractor a specified percentage of, or 27 dollar amount from, each civil penalty collected. 2 S.B. No. 1119 1 (c) Before installing a photographic traffic signal 2 enforcement system at an intersection approach, the local authority 3 shall conduct a traffic engineering study of the approach to 4 determine whether, in addition to or as an alternative to the 5 system, a design change to the approach or a change in the 6 signalization of the intersection is likely to reduce the number of 7 red light violations at the intersection. 8 (d) An intersection approach must be selected for the 9 installation of a photographic traffic signal enforcement system 10 based on traffic volume, the history of accidents at the approach, 11 the number or frequency of red light violations at the 12 intersection, and similar traffic engineering and safety criteria, 13 without regard to the ethnic or socioeconomic characteristics of 14 the area in which the approach is located. 15 (e) A local authority shall report results of the traffic 16 engineering study required by Subsection (c) to a citizen advisory 17 committee consisting of one person appointed by each member of the 18 governing body of the local authority. The committee shall advise 19 the local authority on the installation and operation of a 20 photographic traffic signal enforcement system established under 21 this chapter. 22 (f) A local authority may not impose a civil penalty under 23 this chapter on the owner of a motor vehicle if the local authority 24 violates Subsection (b) or (c). 25 (g) The local authority shall install signs along each 26 roadway that leads to an intersection at which a photographic 27 traffic signal enforcement system is in active use. The signs must 3 S.B. No. 1119 1 be at least 100 feet from the intersection or located according to 2 standards established in the manual adopted by the Texas 3 Transportation Commission under Section 544.001, be easily 4 readable to any operator approaching the intersection, and clearly 5 indicate the presence of a photographic monitoring system that 6 records violations that may result in the issuance of a notice of 7 violation and the imposition of a monetary penalty. 8 (h) A local authority or the person with which the local 9 authority contracts for the administration and enforcement of a 10 photographic traffic signal enforcement system may not provide 11 information about a civil penalty imposed under this chapter to a 12 credit bureau as defined by Section 392.001, Finance Code. 13 Sec 707.004. REPORT OF ACCIDENTS. (a) In this section, 14 "department" means the Texas Department of Transportation. 15 (b) Before installing a photographic traffic signal 16 enforcement system at an intersection approach, the local authority 17 shall compile a written report of the number and type of traffic 18 accidents that have occurred at the intersection for a period of at 19 least 18 months before the date of the report._ 20 (c) Not later than six months after the date of the 21 installation of the photographic traffic signal enforcement system 22 at the intersection the local authority shall provide the 23 department a copy of the report required by Subsection (b) . 24 (d) After installing a photographic traffic siqnal 25 enforcement system at an intersection approach, the local authority 26 shall monitor and annually report to the department the number and 27 type of traffic accidents at the intersection to determine whether 4 1 2 3. 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 S.B. No. 1119 the system results in a reduction in accidents or a seduction in the severity of accidents. (e) The report must be in writing in the form prescribed by the department. (f) Not later than December 1 of each year, the department shall publish the information submitted by a local authority under Subsection (d). Sec. 707.006. GENERAL SURVEILLANCE PROHIBITED; OFFENSE. (a) A local authority shall operate a photographic traffic control signal enforcement system only for the purpose of detecting a violation or suspected violation of a traffic -control signal. (b) A person commits an offense if the person uses a photographic traffic signal enforcement system to produce a recorded image other than in the manner and for the purpose specified by this chapter. (c) An offense under this section is a Class A misdemeanor. Sec. 707.007. AMOUNT OF CIVIL PENALTY; LATE PAYMENT PENALTY If a local authority enacts an ordinance to enforce compliance with the instructions of a traffic -control signal by the imposition of a civil or administrative penalty, the amount of: (1) the civil or administrative penalty may not exceed 27 $75; and S.B. No. 1119 1 (2) a late payment penalty may not exceed _$25. 2 Sec. 707.008. DEPOSIT OF REVENUE FROM CERTAIN TRAFFIC 3 PENALTIES (a) Not later than the 60th day after the end of_a 4 local authority's fiscal year, after deducting amounts the local 5 authority is authorized by Subsection (b) to retain, the local 6 authority shall: 7 (1) send 50 percent of the revenue derived from civil 8 or administrative penalties collected by the local authority under 9 this section to the comptroller for deposit to the credit of the 10 regional trauma account established under Section 782.002, Health 11 and Safety Code; and 12 (2) deposit the remainder of the revenue in a special 13 account in the local authority's treasury that may be used only to 14 fund traffic safety programs, including pedestrian safety 15 programs, public safety programs, intersection improvements, and 16 traffic enforcement. 17 (b) A local authority may retain an amount necessary to 18 cover the costs of: 19 (1) purchasing or leasing equipment that is part of or 20 used in connection with the photographic traffic signal enforcement 21 system in the local authority; 22 (2) installing the photographic traffic signal 23 enforcement system at sites in the local authority, including the 24 costs of installing cameras, flashes, computer equipment, loop 25 sensors, detectors, utility lines data lines poles and mounts, 26 networking equipment and associated labor costs; 27 (3) operating the photographic traffic signal 6 S.B. No. 1119 1 enforcement system in the local authority, including the costs of 2 creating, distributing and delivering violation notices, review 3 of violations conducted by employees of the local authority, the 4 processing of fine payments and collections, and the costs 5 associated with administrative adjudications and appeals; and 6 (4) maintaining the general upkeep and functioning of 7 the photographic traffic signal enforcement system. 8 (c) Chapter 133, Local Government Code, applies to fee 9 revenue described by Subsection (a)(1). 10 (d) If under Section 133.059, Local Government Code, the 11 comptroller conducts an audit of a local authority and determines 12 that the local authority retained more than the amounts authorized 13 by this section or failed to deposit amounts as required by this 14 section, the comptroller may impose a penalty on the local 15 authority equal to twice the amount the local authority: 16 (1) retained in excess of the amount authorized by 17 this section; or 18 (2) failed to deposit as required by this section. 19 Sec 707.009. REQUIRED ORDINANCE PROVISIONS. An ordinance 20 adopted under Section 707.002 must provide that a person against 21 whom the local authority seeks to impose a civil penalty is entitled 22 to a hearing and shall: 23 (1) provide for the period in which the hearing must be 24 held; 25 (2) provide for the appointment of a hearing officer 26 with authority to administer oaths and issue orders compelling the 27 attendance of witnesses and the production of documents; and 7 S.B. No. 1119 1 (3) designate the department, agency, or office of the 2 local authority responsible for the enforcement and administration 3 of the ordinance or provide that the entity with which the local 4 authority contracts under Section 707.003(a)(1) is responsible for 5 the enforcement and administration of the ordinance. 6 Sec. 707.010. EFFECT ON OTHER ENFORCEMENT. (a) The 7 implementation of a photographic traffic signal enforcement system 8 by a local authority under this chapter does not: 9 (1) preclude the application or enforcement in the 10 local authority of Section 544 007(d) in the manner prescribed by 11 Chapter 543; or 12 (2) prohibit a peace officer from arresting a violator 13 of Section 544 007(d) as provided by Chapter 543, if the peace 14 officer personally witnesses the violation or from issuing the 15 violator a citation and notice to appear as provided by that 16 chapter. 17 (b) A local authority may not impose a civil penalty under 18 this chapter on the owner of a motor vehicle if the operator of the 19 vehicle was arrested or issued a citation and notice to appear by a 20 peace officer for the same violation of Section 544.007(d) recorded 21 by the photographic traffic signal enforcement system. 22 Sec. 707.011. NOTICE OF VIOLATION; CONTENTS. (a) The 23 imposition of a civil penalty under this chapter is initiated by the 24 mailing of a notice of violation to the owner of the motor vehicle 25 against whom the local authority seeks to impose the civil penalty. 26 (b) Not later than the 30th day after the date the violation 27 is alleged to have occurred, the designated department, agency, or 8 S.B. No. 1119 1 office of the local authority or the entity with which the local 2 authority contracts under Section 707.003(a)(1) shall mail the 3 notice of violation to the owner at: 4 (1) the owner's address as shown on the registration 5 records of the Texas Department of Transportation; or 6 (2) if the vehicle is registered in another state or 7 country, the owner's address as shown on the motor vehicle 8 registration records of the department or agency of the other state 9 or country analogous to the Texas Department of Transportation. 10 (c) The notice of violation must contain: 11 (1) a description of the violation alleged; 12 (2) the location of the intersection where the 13 violation occurred; 14 (3) the date and time of the violation; 15 (4) the name and address of the owner of the vehicle 16 involved in the violation; 17 (5) the registration number displayed on the license 18 plate of the vehicle involved in the violation; 19 (6) a copy of a recorded image of the violation limited 20 solely to a depiction of the area of the registration number_ 21 displayed on the license plate of the vehicle involved in the 22 violation; 23 (7) the amount of the civil penalty for which the owner 24 is liable; 25 (8) the number of days the person has in which to pay 26 or contest the imposition of the civil penalty and a statement that 27 the person incurs a late payment penalty if the civil penalty is not 9 S.B. No. 1119 1 paid or imposition of the penalty is not contested within that 2 period; 3 (9) a statement that the owner of the vehicle in the 4 notice of violation may elect to pay the civil penalty by mail sent 5 to a specified address instead of appearing at the time and place of 6 the administrative adjudication hearing; and 7 (10) information that informs the owner of the vehicle 8 named in the notice of violation- 9 (A) of the owner's right to contest the 10 imposition of the civil penalty against the person in an 11 administrative adjudication hearinq; 12 (B) that imposition of the civil penalty may be 13 contested by submitting a written request for an administrative 14 adjudication hearing before the expiration of the period specified 15 under Subdivision (8) ; and 16 (C) that failure to pay the civil penalty or to 17 contest liability for the penalty in a timely manner is an admission 18 of liability and a waiver of the owner's right to appeal the 19 imposition of the civil penalty. 20 (d) A notice of violation is presumed to have been received 21 on the fifth day after the date the notice is mailed. 22 Sec. 707.012. ADMISSION OF LIABILITY. A person who fails to 23 pay the civil penalty or to contest liability for the penalty in a 24 timely manner or who requests an administrative adjudication 25 hearing to contest the imposition of the civil penalty against the 26 person and fails to appear at that hearinq is considered to: 27 (1) admit liability for the full amount of the civil 10 S.B. No. 1119 1 penalty stated in the notice of violation mailed to the person; and 2 (2) waive the person's right to appeal the imposition 3 of the civil penalty. 4 Sec. 707.013. PRESUMPTION. (a) It is presumed that the 5 owner of the motor vehicle committed the violation alleged in the 6 notice of violation mailed to the person if the motor vehicle 7 depicted in a photograph or digital image taken by a photographic 8 traffic signal enforcement system belongs to the owner of the motor 9 vehicle. 10 (b) If, at the time of the violation alleged in the notice of 11 violation, the motor vehicle depicted in a photograph or digital 12 image taken by a photographic traffic signal enforcement system was 13 owned by a person in the business of selling, renting, or leasing 14 motor vehicles or by a person who was not the person named in the 15 notice of violation, the presumption under Subsection (a) is 16 rebutted on the presentation of evidence establishing that the 17 vehicle was at that time. 18 (1) being test driven by another person; 19 (2) being rented or leased by the vehicle's owner to 20 another person; or 21 (3) owned by a person who was not the person named in 22 the notice of violation. 23 (c) Notwithstanding Section 707.014, the presentation of 24 evidence under Subsection (b) by a person who is in the business of 25 selling, renting, or leasing motor vehicles or did not own the 26 vehicle at the time of the violation must be made by affidavit, 27 through testimony at the administrative adjudication hearing under 11 S.B. No. 1119 1 Section 707.014 or by a written declaration under penalty of 2 perjury. The affidavit or written declaration may be submitted by 3 mail to the local authority or the entity with which the local 4 authority contracts under Section 707.0.03(a)(1). 5 (d) If the presumption established by Subsection (a) is 6 rebutted under Subsection (b) , a civil penalty may not be imposed on 7 the owner of the vehicle or the person named in the notice of 8 violation, as applicable. 9 (e) If, at the time of the violation alleged in the notice of 10 violation the motor vehicle depicted in the photograph or digital 11 image taken by the photographic traffic signal enforcement system 12 was owned by a person in the business of renting or leasing motor 13 vehicles and the vehicle was being rented or leased to an 14 individual, the owner of the motor vehicle shall provide to the 15 local authority or the entity with which the local authority 16 contracts under Section 707.003(a)(1) the name and address of the 17 individual who was renting or leasing the motor vehicle depicted in 18 the photograph or digital image and a statement of the period during 19 which that individual was renting or leasing the vehicle. The owner 20 shall provide the information required by this subsection not later 21 than the 30th day after the date the notice of violation is 22 received. If the owner provides the required information, it is 23 presumed that the individual renting or leasing the motor vehicle 24 committed the violation alleged in the notice of violation and the 25 local authority or contractor may send a notice of violation to that 26 individual at the address provided by the owner of the motor 27 vehicle_ 12 S.B. No. 1119 1 Sec. 707.014. ADMINISTRATIVE ADJUDICATION HEARING. (a) A 2 person who receives a notice of violation under this chapter may 3 contest the imposition of the civil penalty specified in the notice 4 of violation by filing a written request for an administrative 5 adjudication hearing. The request for a hearing must be filed on or 6 before the date specified in the notice of violation, which may not 7 be earlier than the 30th day after the date the notice of violation 8 was mailed. 9 (b) On receipt of a timely request for an administrative 10 adjudication hearing, the local authority shall notify the person l 11 of the date and time of the hearing. 12 (c) A hearing officer designated by the governing body of 13 the local authority shall conduct the administrative adjudication 14 hearing. 15 (d) In an administrative adjudication hearing, the issues 16 must be proven by a preponderance of the evidence. 17 (e) The reliability of the photographic traffic signal 18 enforcement system used to produce the recorded image of the motor 19 vehicle involved in the violation may be attested to by affidavit of 20 an officer or employee of the local authority or of the entity with 21 which the local authority contracts under Section 707.003(a)(1) who 22 is responsible for inspecting and maintaining the system. 23 (f) An affidavit of an officer or employee of the local 24 authority or entity that alleges a violation based on an inspection 25 of the applicable recorded image is: 26 (1) admissible in the administrative adjudication 27 hearing and in an appeal under Section 707.016; and 13 S.B. No. 1119 1 (2) the written request and affidavit are submitted to 2 the hearing officer within the same number of days after the date 3 the person received the notice of violation as specified under 4 Section 707.011(c)(8). 5 Sec. 707.016. APPEAL. (a) The owner of a motor vehicle 6 determined by a hearing officer to be liable for a civil penalty may 7 appeal that determination to a judge by filing an appeal petition 8 with the clerk of the court. The petition must be filed with: 9 (1) a -justice court of the county in which the local 10 authority is located; or 11 (2) if the local authority is a municipality, the 12 municipal court of the municipality. 13 (b) The petition must be: 14 (1) filed before the 31st day after the date on which 15 the administrative adjudication hearing officer entered the 16 finding of liability for the civil penalty; and 17 (2) accompanied by payment of the costs required by 18 law for the court. 19 (c) The court clerk shall schedule a hearing and notify the 20 owner of the motor vehicle and the appropriate department, agency, 21 or office of the local authority of the date, time, and place of the 22 hearing. 23 (d) An appeal stays enforcement and collection of the civil 24 penalty imposed against the owner of the motor vehicle. The owner 25 shall file a notarized statement of personal financial obligation 26 to perfect the owner's appeal. 27 (e) An appeal under this section shall be determined by the 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B. No. 1119 court by trial de novo. Sec. 707.017. ENFORCEMENT. If the owner of a motor vehicle is delinquent in the payment of a civil penalty imposed under this chapter, the county assessor -collector or the Texas Department of Transportation may refuse to register a motor vehicle alleged to have been involved in the violation. Sec. 707.018. IMPOSITION OF CIVIL PENALTY NOT A CONVICTION. The imposition of a civil penalty under this chapter is not a conviction and may not be considered a conviction for any purpose. Sec. 707.019. FAILURE TO PAY CIVIL PENALTY. (a) If the owner of the motor vehicle fails to timely pay the amount of the civil penalty imposed against the owner: (1) an arrest warrant may not be issued for the owner; and (2) the imposition of the civil penalty may not be recorded on the owner's driving record. (b) Notice of Subsection (a) must be included in the notice of violation required by Section 707.011(c). SECTION 2. Subsection (a), Section 27.031, Government Code, is amended to read as follows: (a) In addition to the jurisdiction and powers provided by the constitution and other law, the justice court has original jurisdiction of: (1) civil matters in which exclusive jurisdiction is not in the district or county court and in which the amount in controversy is not more than $5,000, exclusive of interest; (2) cases of forcible entry and detainer; [4R41 16 S.B. No. 1119 1 (3) foreclosure of mortgages and enforcement of liens 2 on personal property in cases in which the amount in controversy is 3 otherwise within the justice court's jurisdiction; and 4 (4) cases arising under Chapter 707, Transportation 5 Code, outside a municipality's territorial limits. 6 SECTION 3. Section 29.003, Government Code, is amended by 7 adding Subsection (g) to read as follows: 8 (q) A municipal court, including a municipal court of 9 record, shall have exclusive appellate jurisdiction within the 10 municipality's territorial limits in a case arising under Chapter 11 707, Transportation Code. 12 SECTION 4. Section 133.004, Local Government Code, is 13 amended to read as follows: 14 Sec. 133.004. CIVIL FEES. This chapter applies to the 15 following civil fees: 16 (1) the consolidated fee on filing in district court 17 imposed under Section 133.151; 18 (2) the filing fee in district court for basic civil 19 legal services for indigents imposed under Section 133.152; 20 (3) the filing fee in courts other than district court 21 for basic civil legal services for indigents imposed under Section 22 133.153; 23 (4) the filing fees for the judicial fund imposed in 24 certain statutory county courts under Section 51.702, Government 25 Code; 26 (5) the filing fees for the judicial fund imposed in 27 certain county courts under Section 51.703, Government Code; 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B. No. 1119 (6) the filing fees for the judicial fund imposed in certain statutory probate courts under Section 51.704, Government Code; (7) fees collected under Section 118.0157 (8) marriage license fees for the family trust fund collected under Section 118.018; (9) marriage license or declaration of informal marriage fees for the child abuse and neglect prevention trust fund account collected under Section 118.022; [mil (10) the filing fee for the judicial fund imposed in district court, statutory county court, and county court under Section 133.154; and (11) the portion of the civil or administrative penalty described by Section 707.008(a)(1), Transportation Code, imposed by a local authority to enforce compliance with the instructions of a traffic -control signal. SECTION 5. Subtitle B, Title 9, Health and Safety Code, is amended by adding Chapter 782 to read as follows: CHAPTER 782. REGIONAL EMERGENCY MEDICAL SERVICES Sec. 782.001. DEFINITIONS. In this chapter: (1) "Commission" means the Health and Human Services Commission. (2) "Commissioner" means the executive commissioner of the Health and Human Services Commission. Sec. 782.002. REGIONAL TRAUMA ACCOUNT. (a) The regional trauma account is created as a dedicated account in the general revenue fund of the state treasury. Money in the account may be 18 S.B. No. 1119 1 appropriated only to the commission to make distributions as 2 provided by Section 782.003. 3 (b) The account is composed of money deposited to the credit 4 of the account under Section 707.008, Transportation Code, and the 5 earnings of the account. 6 (c) Sections 403.095 and 404.071, Government Code, do not 7 apply to the account._ 8 Sec. 782.003. PAYMENTS FROM THE REGIONAL TRAUMA ACCOUNT. 9 (a) The commissioner shall use money appropriated from the 10 regional trauma account established under Section 782.002 to fund 11 uncompensated care of designated trauma facilities and county and 12 regional emergency medical services located in the area served by 13 the trauma service area regional advisory council that serves the 14 local authority submitting money under Section 707.008, 15 Transportation Code. 16 (b) In any fiscal year, the commissioner shall use: 17 (1) 96 percent of the money appropriated from the 18 account to fund a portion of the uncompensated trauma care provided 19 at facilities designated as state trauma facilities by the 20 Department of State Health Services; 21 (2) two percent of the money appropriated from the 22 account for county and regional emergency medical services; 23 (3) one percent of the money appropriated from the 24 account for distribution to the 22 trauma service area regional 25 advisory councils; and 26 (4) one percent of the money appropriated from the 27 account to fund administrative costs of the commission. 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 S.B. No. 1119 (c) The money under Subsection (b) shall he distributed in proportion to the amount deposited to the account from the local authority. SECTION 6. Section 707.008, Transportation Code, as added by this Act, and Section 782.002, Health and Safety Code, as added by this Act, apply to revenue received by a local authority unit of this state from the imposition of a civil or administrative penalty on or after the effective date of this Act, regardless of whether the penalty was imposed before, on, or after the effective date of this Act. SECTION 7. Not later than December 1, 2007, the executive commissioner of the Health and Human Services Commission shall adopt rules to implement Chapter 782, Health and Safety Code, as added by this Act. SECTION 8. The reporting and publication requirements imposed by Section 707.004, Transportation Code, as added by this Act, apply only to a year beginning on or after January 1, 2008. SECTION 9. Section 707.003, Transportation Code, as added by this Act, applies only to a contract entered into on or after the effective date of this Act. SECTION 10. This Act takes effect September 1, 2007. 20 S.B. No. 1119 President of the Senate Speaker of the House I hereby certify that S.B. No. 1119 passed the Senate on April 3, 2007, by the following vote: Yeas 28, Nays 2; May 24, 2007, Senate refused to concur in House amendments and requested appointment of Conference Committee; May 26, 2007, House granted request of the Senate; May 27, 2007, Senate adopted Conference Committee Report by the following vote: Yeas 28, Nays 2. Secretary of the Senate I hereby certify that S.B. No. 1119 passed the House, with amendments, on May 16, 2007, by the following vote: Yeas 136, Nays 12, two present not voting; May 26, 2007, House granted request of the Senate for appointment of Conference Committee; May 27, 2007, House adopted Conference Committee Report by the following vote: Yeas 125, Nays 18, two present not voting. Approved: Date Governor 21 Chief Clerk of the House SOUTHLAKE TEXAS 412 Skyline Drive Murphy, Texas 75094 www. Ragsdaleconsulting.com Walter. Ragsdale(-a) Enforcement (FM 1938), September 2008 Introduction The Texas Legislature passed SIB 1119 which became effective on September 1, 2007. This bill authorizes and controls the use of municipal red-light camera enforcement and was codified in the Texas Transportation Code, Section 707.003. This statute requires the completion of a traffic engineering study to validate the need and applicability of red- light camera enforcement and forms the basis for this report. The City of Southlake, Texas has proposed the use of red'light cameras at several intersections within their jurisdiction. These intersections wereproposed after an initial Ky. vetting process by the City's Law Enforcement`staff. This study`was commissioned by the City of Southlake, Texas to fulfill the requirements of the Texas statute. The Texas statute requires an engine may be implemented to reduce the of running. These solutions can involve", improvements. Automated>>enforceme gx hoto h technology to deteci �� grap ._�,and The problem cif red i�ght n { y�- municipallagencies have i violations The traditional1.1 , education."The media has light running asi automates photographic enforcemeni address all of the three "E reduce crashes, injuries aj study to`evaluate engineering solutions that once of driving Violations for the red-light ietnc signal hardware or timing a proven method that uses photography, and a:dv,.l citation's, issued to the violator. rig is widespread and growing in Texas. State and eted numerous solutions to prevent and reduce these e "aE's" are typically used ---engineering, enforcement and ped educate the public about the consequences of red- forcement systems have been installed in Texas. Signing 51 PI R intersection is one of the countermeasures that wever all of these techniques have the same goal to >ave lives. The use of red-light cameras for enforcement has been researched in the United States and abroad for many years, and recent studies in the United States indicate several interesting phenomena that accompany the application of red-light cameras. 3 It is intuitive that a reduction in red-light running will reduce traffic crashes and improve safety. Based on this assumption, a number of municipalities and state transportation agencies have begun programs to try to reduce red-light running using a variety of methods. One such method is using red-light cameras as an enforcement tool. The use of red-light cameras is common in much of the world and both the technology and impetus to use that technology has been available since the 1970's. This technology has evolved from wet film to the current digital and video systems in use today. Texas Attorney General, John Cornyn, issued a ruling ih,dice implement photographic enforcement by their home rule aut as Richardson, Garland and Plano proceeded with §yster`ns: then passed SB 1119 which sets forth specifcbbduirements enforcement systems. In a June, 2006 opinion, Texas Attorney Gerier indicating that TxDOT has the authority to insta islative Iss ng that cities could xity. Several cities, such n this authority. The state Jr -the automated tt issued' 'pinion GA 0440 ms on state Highways. The Texas State Legislature recently passed;Senate Bill 1119, which became effective September 1, 2007 This bill created Ghapter7D.7 of the Transportation Code, entitled <., x "Photographic Traffic Enforcement Sys#em and`�mends Subtitle I, Title 7. The act authorizes local authorities to enact ordinances that require civil penalties based on photographic signal enforcemen=il s. It provides that the owner of a motor vehicle is liable to theIocal authortyfor (not criminal as a police citation) penalty if the vehicle violate's the instructioris,,of the traffic control signal. It further authorizes the,iQatauthority to implement and operate a photographic enforcement system or contract for the implementation and operation of a system. It requires that the local authority conduct a traffic engineering study of each candidate approach for camera enforcement to determine if alternatives to the system are likely to reduce the number of red-light violations at the intersection. The Act requires that the results of the traffic engineering study be reported to a citizen advisory committee established for that purpose and that the committee advise the local authority on the installation and operation of the system. The bill further requires that the local authority install signs along each roadway that leads to an intersection at which the camera enforcement system is in active use. The local authority is required, before installing the system, to compile a written report of the number and type of traffic accidents that have occurred at the intersection for at least 18 months prior to the date of the report. The statute also requires that the local authority submit to the Texas Department of Transportation,(TxDOT) a copy of that report within six months of the implementation of that system. The local authority is further required to monitor and report to TxDOT the number and type of traffic accidents at each intersection to determine whether or not the system results in a reduction in accidents or a reduction in the severity of accidents. The report to TxDOT shall be in writing and according to a form prescribed by1xDOT. TxDOT l'asi,eveloped an on line reporting system for municipalities in 2008 k��. The Act specifically requires that signals subject to camera enforcement will have a change interval (yellow plus all red) that meets the requirements of the Texas Manual on Uniform Traffic Control Devices (TMUTCD) 'General surveillance using the system is prohibited so thatonly violations of the traffic s�gna are photographed. Normal police enforcement measures at traffic signals are n6t°preclude . � 10 The statute provides for revenue sharing from the collections of civil penalties with the local authority to retain an, amou.nt raecessary'to cover certain costs. Fifty percent of the additional revenue is to be sent to the State comptroller for deposit to the credit of the regional trauaccount. It also caps the amount of civil penalty at $75 and late payment penalty.bf, not greaterthan $25. The retained portion of the civil penalties over and above the cos'ts�rnust be scent to cover certain procedures for administration of the program of enforcement_ „ , The Texas Transportation Code and the Texas Manual on Uniform Traffic Control Devices (TMUTCD) give guidelines and standards for traffic signals. The TMUTCD Chapter 4 is the accepted national and state guideline for traffic signals. It is important that the nation have uniform standards for traffic signals. Drivers constantly cross state and national boundaries and this universal communication to the driver is imperative for the safety of our communities. It is universally known that red means STOP. If other 5 colors were used, drivers would be confused by the need to stop. Simply this report will review these universal standards to determine if they are met and/or any enhanced solutions may be needed prior to the implementation of the automated enforcement. The purpose of these enhanced solutions would be to reduce the frequency of red-light running. Some of the guidelines are recommended and may not be implemented. However, they have a direct relationship to red-light running. An exampfe bf this is the size of the signal head and light. Eight - inch heads are common throughout the state of Texas and the Dallas/Fort Worth Metroplex. However, twelve inch signal heads are also used. The larger, brighter red lights have been shown to reduce` the occurrence of red-light running. Some of these engineering solutions,a a easy and cost.effective to implement. .,, . Without the enforcement or threat of enforcen standards would not be at all acf id ed- They violated. Enforcement is the key to ensure the over -worked enforcement agencies 1n Texas, ensure compliance. Automated enforcement i authorized police agencies thatEoperate 244hc also indicated that there is a halo ,effect on ' t enforcement is to impiove safety and prevent light violators Other dE occurs.as._thev have�turned off their cameras, monthtv`Molations is nt ;;these "traffic laws" or engineering t6l be consistently or frequently they are obeyed. However, with the is difficult,;to,have enough visibility to arnechanical method, reviewed by rs a"day, 365 days a year. Studies have r intersections. The goal of this rashes by reducing the number of red - that a reduction in violations some intersections and the number of The purpose of this reporfs to conduct a traffic engineering investigation to analyze the potential engineering solutions to prevent red-light running. This report will analyze the intersections to insure that the locations meet the requirements of the Texas Manual on Uniform Traffic Control Devices. There are also several countermeasures which can be implemented to accomplish this goal. This will be a comprehensive evaluation of the intersections to observe the frequency of red-light running and recommend the appropriate countermeasures to reduce this frequency. The following items are reviewed in this investigation: • clear view of the traffic signal heads - this will ensure that the motorist can observe the red -yellow -green indications from an appropriate distance from all of the approaches • traffic signal timing - this will ensure that the overall traffic signal is timed appropriately • yellow clearance interval - this will ensure that the motorist has the approaching indication based on intersection geometric system is made aware that the red light is about to start • all red clearance interval — a time period to insure:that the motorists can completely clear the intersection prior to the opposing green indication • traffic signal loops - to determine the functionality�of the loop detection and ensure where appropriate a green extension is used where needed • signal progression plan review - to ensure"that the Que is not being clipped and is forcing unexpected stops a,,r ` k • pavement markings - to ensure the adequate markings are in glace including stop bars t • intersection signing - to ensure that appropriate",.signs are in place °at these f� locations... • urban distractions - any review+ uniquely distracts toe.motorist aroundjhe location to ensure nothing There "are many engineering enhancements that may be implemented to reduce the occurrence of; red-light runrnrig. Some of these solutions are simple and cost effective; although in most cases these are enhancements to the standard installation. Some of these solutions Tnctude: • back plates = the use of black back plates increases the target value of a traffic signal head especially at times when the sun is directly behind the traffic signal lights. • LED signal lights - these lights are 40% brighter than incandescent lights; a bigger brighter light will reduce the occurrence of red-light running. • All red and yellow clearance times - these times are set by an engineering analysis of the intersection geometric and speed. These guidelines are highlighted below. There are several other factors that need to be considered such as intersection geometrics, capacity, visibility, number of lanes, and intersection warrants. Traffic Signal Timing A key element relating to traffic signals is the signal timing. The timing falls into four categories. r 1. Green time -- the amount time given to thru„or turning traffic 2. Yellow time -- the amount of time between tt a green and red intervals 3. Red time --the amount of time the opIDosing traffic is stopped 4. All red time -- the amount of time all abbroaches are stopped The timing of the traffic signals depends on rnan} speed, intersection geometry, and, vehicle detect the Clearance Interval: this is made tap of the yell guidelines indicate that this time must be,1n confc Uniform Traffic and Control Devices` Detaile+�.tim the Institute of Transportation Engineers (ITE) i formulas to calculate the Clearance lntervaJ The use the ITE form ulas'"Signal timing for each inter adjusted as changes m v lumes tor; geometOd col 8 factorsJncluding Volume, approach art Thecritical time period is called u Wand all red time. The state mance with the Texas Manual on ig is calcu€lated using guidelines from its agencyg!ves precise engineering fxDOT;Tecommended method is to ection should be monitored and Jitions occur. Southlake Blvd. (FM 1709) @ Randal Mill Ave. / Davis Blvd. (FM1938) Northbound Automated Enforcement Intersection Configuration Southlake Blvd. (FM 1709) is a 6 lane east-w lane, generally in a 130 foot right -of way. As a the Texas Department of Transportation (TXD, designed to carry large traffic volumes which°' along the corridor is generally commercial and several cities together in North Tarrant Count is also an arterial road. The roadway is ty�ca photograph of these roadways is shown W6 est arterial road w#th a continuous left -turn x: farm -to -market road, it is maintained by OT). Generally these types of roads are have a longrip length The development multi family. The roadway,connects y Randal Mill Ave. / Davis Blvd. (FM 1938) I of an urban type of construction. A wjinyFigure "RE1n�,. Figure R-1 FM 1709 at Randal Mill Ave. / Davis Blvd. 0 FM 1709 has an approach speed of 45mph which seems appropriate for this road. Randal Mill Ave. / Davis Blvd. has a speed of 35mph. Traffic Volumes Southlake Blvd. is handling a moderate amount of traffic eastbound direction are 18,800 and in the westbound di average of 35,500 vehicles per day is less than the desN 48,000 vehicles per day. Randal Mill Ave. / Davis Blvd daily volume is NB 14,500 and SB 17,100 with the capa� )aily traffic counts in the ton are 17,700. This daily roadway capacity of 42,000 - Tic is considerably less; the of38,000 south of the intersection and 8, 000 (both directions) no of the intersectio'i:. Peak hour traffic is the critical volume throughout the day. This intersection still has plenty of extra capacity to handle future traffic growth The configuration shown above with 3 thru lanes and left turn lane on Southlake Lake Blvd. provide an acceptable Level -of Service even in the peak houo5 (AM & PM) The north bond approach is the �w critical direction with3 lanes: left, left thru, and ;right turn Aane. Crash Data Although we strive to have zero crashes at an intersection, due to human factors it is highly improbable Many factors cont�nkute to a clash. Any analysis of the intersection crash data' will allow~engmeers,to determineS at factors caused these crashes. Generally'driver error or inattention is a contributing factor to most crashes. By ensuring that traffic control devices `are,communicating appropriately to the driver, crashes can be minimized k'fough these engineering solutions. Enforcement is another key element to ensure drivers obey the traffic laws. A combination of education, engineering and enforcement are key�elements�jn reducing crashes. The following table summarizes the crash data for this intersec"tron: 10 Reported Crash Data Summary * Year FM 1709 FM 1709 Randal Mill Randal Mill Ave. / Davis Ave. / Davis Blvd Blvd Total Red - Light Running" 2007 11 2 2006 11 6 2005 6 2 . 2004 6 3 The traffic sigh at at the intersection is`of a modern design. This includes functions to detect oncoming traffic and extend green times appropriately. The signal operates a split phase configuration. Easy and westbound traffic goes simultaneously with a separate protected easf arid, estbound left turn phase. The north and southbound movements do not occur simultaneously. The EBNVB turning movements may also occur on a green ball. The video detection is designed to allow for the left turn phases if required. The green time for each phase is adjusted according to the volume of oncoming traffic based on the video detection. The north bound traffic signal indications are FiguresR-3 and R-4. 11 The vehicle detection system at this location is a video detecor mounted on top of the mast arm. This type of detection system has a good record of detecting approaching vehicles and extending the green times as appropriate. The signal indications are incondessant bulbs. The bulbs should be replaced with the brighter LED bulbs as they tend to be 40% brighter than the incandescent bulbs. The traffic signal heads are located over the lane lines to minimize occlusion (blockage of view by large trucks). The Signal Heads are large 12 inch heads.Back plates are used to increase the visibility of 12 the indications. They are on all the indications except the far right indication (see above photo). The existing backplates have weathered and need to be repainted as can be seen in Figure R-5. Figure R-5 Northbound approach The appropriated The data sho that are used part of this study. The green timing is set with the lays at the various time periods throughout the day. 3city problems. The intersection has 6 timing plans cycle lengths vary from 90 to 120 seconds. The vehicle change interval is the critical factor in implementing automated enforcement. It is made up of the yellow plus the all red time. The yellow time clearance time is 4.5 seconds for the east -west and north -south movements. These values are in conformance with the TMUTCD. They exceed the ITE calculations of 4.2 seconds. The existing settings are within acceptable parameters. The all red time is set at 2.0 seconds for north -south and east -west traffic. These exceed the ITE and TMUTCD values for both directions. 13 Signing The intersection is signed properly to inform the motorists about the operating conditions and location. Advance Signal ahead indications with a photo enforcement plate will need to be installed prior to the start of the photo enforcement. These signings need to be placed to on all four approaches and about 150 feet prior to the intersection. Pavement Markings The pavement markings are well above standards for the intersection and the paving is in great shape. There are stop bars to indicate wh6re the,rnotorist needs to stop. Except Figure R-6 14 The crosswalks (except for the east side) at the intersection also highlight the pedestrian crossings. Periodic maintenance should be conducted on all of the pavement markings to ensure they maintain adequate reflectivity and target value. Conclusions and Recommendations The intersection of FM 1709 at Randal Mill Ave. / Davis Blvd. (FM 1938) has a history of red light -running crashes. Analysis data and observation; ndicate that red-light running is occurring frequently. Automated enforcement is a proven tool that will reduce these violations. � The intersection will need to have signal adva installed on all approaches. The pavement m the bright appearance. A stop bar is needed #o incandescent light bulbs should be upgraded''t the far right signal head to match the others on should be reviewed and adjusted annually to a area. A public information campaign or d educate all motorists priorto"6ctiva 15 rice: signs and photo enforcement signs Aings should 15 ', baintained to continue r the northbound right turn only lane. The o LED bulbs,. A back plate is needed on t e,north mound approach ,Signal timing ccount for changes in the growth of the Id be beneficial to Southlake Blvd. (FM 1709) @ Carroll Ave. Westbound Automated Enforcement Intersection Configuration Southlake Blvd. is a 6 lane east -west arterial ro farm -to -market road, it is maintained by the Tex (TxDOT). Generally these types of roads are`de which have a long trip length. The development commercial and multi -family. The roadway conr Tarrant County. Carroll Ave. is a minor arterial r as ad;wIth a continuous left -turn lane. As a Department of Transportation s'gned to carrylarge traffic volumes along the corridor as:generally intercity trips. The roadway is of modern construct Blvd. is widened for EBNVB right turn only Manes at shown below in Figure C-1. N , Figure C-1 FM 1709 at Carroll Ave. 16 veral cities together in North i&road is designed to carry long an urbanized area. Southlake itersection. The roadways are FM 1709 has an approach speed of 45mph which seems appropriate for this road. Carroll has a speed of 30mph. Traffic Volumes Southlake Blvd. is handling a moderate amount of traffic. Daily traffic counts in the eastbound direction are 22,500 and in the westbound direction are 24,200. This daily average of 46,700 vehicles per day is less than the design roadway capacity of 42,000 - 48,000 vehicles per day. Carroll Ave. traffic is considerably less; NB is 6500 and SB is 7600 the daily volume is 14,100 with the capacity of'38,000 tir. Peak hour traffic is the critical volume throughou plenty of extra capacity to handle future traffiegr with 3 thru lanes and left and right turn lane on. acceptable Level -of Service evens the peak ho Crash Data the day. ThisIpter: wth. The configur ruthlak - Lake Blvd rs (AM & PM). Lion still has n shown above oxide an Although we strive to have, zero crashes at an intersection, due to human factors it is highly improbable Many factors contniute to a crash. Any analysis of the intersection crash data will allow engineers'#o determine What factors caused these crashes. Generally driver error or inattention is a confnC uting factor to most crashes. By ensuring that traffic control devices' -'are communicating appropriately to the driver, crashes can be minimized through these .6hgineenng solutions. Enforcement is another key element to ensure drivers obey the traffic laws. A combination of education, engineering and enforcement are key'selemenfs' in reducing crashes. The following table summarizes the crash data for this infersectaon 17 Reported Crash Data Summary * Year FM 1709 FM 1709 Carroll Ave. Carroll Ave. Total Red - Light Running** 2007 5 0 2006 8 3 2005 4 3 2004 5 2 reported, as many cities do -e also minor and just driven le' ,tool to indicate overall The traffic signal at the intersection as of a modern design. This includes functions to detect onbo%.ming traffic and extend green times appropriately. The signal operates an eight phase configuration. fast and westbound traffic goes simultaneously with a separate protected east and westbound left turn phase. This is the same for north and southbound movements The,turning movements may also occur on a green ball. The video detection is designee!'toallow for the left turn phases if required. The green time for each phase is adjusted'�according to the volume of oncoming traffic based on the video detection. The westbound traffic signal indications are Figures C-3and C-4. 18 Figure C-4 West Bound approach Traffic Signal Visibility As can be seen by the above photographs; the visibility of the signal indications is excellent. The vehicle detection system at this location is a video detecor mounted on top of the mast arm. This type of detection system has a good record of detecting 19 approaching vehicles and extending the green times as appropriate. The signal indications are the more modern LED bulbs. The LED bulbs tend to be 40% brighter than the incandescent bulbs. The traffic signal heads are located over the lane lines to minimize occlusion (blockage of view by large trucks). The Signal Heads are large 12 inch heads with backplates to increase the visibility of the indications. The signal lenses and back plates are also in good shape, as can be seen in Figure C-5. The signal timing`was_ appropriate time to all The data shows some intersection even in the peak hours. ed=as a part of this study. The green timing is set with the inal delays at the various time periods throughout the day. al capacity problems. The majority of the traffic clears the The intersection has 6 timing plans that are used through the day. The cycle lengths vary from 90 to 120 seconds. The vehicle change interval is the critical factor in implementing automated enforcement. It is made up of the yellow plus the all red time. The yellow time is four seconds for north -south and five seconds for the east -west movements. These values are in conformance with the TMUTCD. They exceed the ITE calculations of 3.5 seconds and 4.3 seconds. The existing settings are within acceptable parameters. 20 The all red time is set at 2.0 seconds for north -south and 2.0 seconds east -west. These exceed the ITE and TMUTCD values for both directions. Signing The intersection is signed properly to inform the motorists,.about the operating conditions and location. Advance Signal ahead indications with a photo enforcement plate will need to be installed prior to the start of the photo enforcement. These signings need to be placed to on all four approaches and about 15O;feet prior to the intersection. Pavement Markings The pavement markings are well above standards'for`the intersection and the paving is in great shape. There are stop bars toiindicate, where the"motorist needs to stop. These bars are large enough one FM 1709 provide motorists an adequate target. They are also located properly. These can be seen inYF,gure C-6 Figure C-6 The crosswalks cross Carroll. Periodic maintenance should be conducted on all of the pavement markings to ensure they maintain adequate reflectivity. 21 Conclusions and Recommendations The intersection of FM 1709 at Carroll has a history of red light -running crashes. Analysis data and observation indicate that red-light running is occurring frequently. Automated enforcement is a proven tool that will reduce these violations. The intersection will need to have signal advance signs and photo enforcement signs installed on all approaches. The pavement markings should be maintained to continue the bright appearance. Signal timing should be reviewed and adjusted annually to account for changes in the growth of the area. A public information campaign or driver awaren educate all motorists prior to activation. 22 would be beneficial to Southlake Blvd. (FM 1709) @ Kimball Ave. Westbound Automated Enforcement Intersection Configuration Southlake Blvd. is a 6 lane east -west arterial ro farm -to -market road, it is maintained by the Te) (TxDOT). Generally these types of roads a" which have a long trip length. The development commercial. The roadway connects several"'." it Kimball Ave. is also a minor arterial road. This from the more residential area to the arterial syi id with a 'continuous left -turn lane. As a as'b`epartrnent of Transportation signed to ca?o.arge traffic volumes along the corridorjsgenerally design. The intersection with Southlake Blvd. it is alsi A photograph of these roadways is shown bel©win F Figure K-1 FM 1709 at Kimball Ave. 23 r in North Tarrant County. Way generally rings traffic roadway is of a'modern urban :ned for additional turn lanes. K-1. FM 1709 has an approach speed of 45mph which seems appropriate for this road. Kimball has a speed of 35mph. Traffic Volumes Southlake Blvd. is handling a moderate amount of traffic. ;Daily traffic counts in the eastbound direction are 20,200 and in the westbound direction are 19,700. This daily average of 39,900 vehicles per day is less than the desjgn roadway capacity of 42,000 - 48,000 vehicles per day. Kimball Ave. traffic is considerably less; the daily volume is NB is 11,500 and SB is 8,100 with the capacity of 420�00. Peak hour traffic is the critical volume throughout the day. This''ntersection still has plenty of extra capacity to handle future traffic growth. The configurabon shown above with 3 thru lanes and left and right turn lane on SouthlakEy;ake Blvd.provide an acceptable Level -of Service even �n the peak hours' fA & PM). Crach Data Although we strive to have. zero` crashes at an intersection, due to human factors it is highly improbable Many factors contribute to a crash. Any analysis of the intersection crash data vvll alloweng^ineers to determine what factors caused these crashes. Generally driver error or nattent16b,is a contributing factor to most crashes. By ensuring that traffic control devices are communicating appropriately to the driver, crashes can be minimized;through these engineerng solutions. Enforcement is another key element to ensure drivers obey the traffic laws. A combination of education, engineering and enforcement are key elements jn reducing crashes. The following table summarizes the crash data for this intersection:* 24 Reported Crash Data Summary * Year FM 1709 FM 1709 Kimball Ave. Kimball Ave Total Red - Light Running** 2007 10 7 2006 5 2 2005 4 2 2004 4 2 *Reported by the Southlake Police Dept. **Cause factors 15, 37, and 38 ported, as many cities do also minor and just driven :tool to indicate overall The traffic signal at the intersection as of a modern design. This includes functions to 4,i.. detect oncoming traffic an"d extend green times appropriately. The signal operates an eight phase configuration. East and westbound traffic goes simultaneously with a separate protecte&east and westbound left turn phase. This is the same for north and southbound movements. The turning movements may also occur on a green ball. The video detection is designed to allow for the left turn phases if required. The green time for each phase is adtust6d:"according to the volume of oncoming traffic based on the video detection. The east and westbound traffic signal indications are Figures K-3 and K-4. 25 Traffic Signal Visibility As can be seen by the above photographs; the visibility of the signal indications is excellent. The vehicle detection system at this location is a video detecor mounted on top of the mast arm. This type of detection system has a good record of detecting 26 approaching vehicles and extending the green times as appropriate. The signal indications are the more modern LED bulbs. The LED bulbs tend to be 40% brighter than the incandescent bulbs. The traffic signal heads are located over the lane lines to minimize occlusion (blockage of view by large trucks). The Signal Heads are large 12 inch heads with backplates to increase the visibility of the indications. The signal lenses and back plates are also in good shape, as can be seen in Figure K- 5. intersection evej ZE through the day. a part of'" study. The green timing is set with the flays at the various time periods throughout the day. 1city,problems. The majority of the traffic clears the The intersection has 6 timing plans that are used vary from 90 to 120 seconds. The vehicle change interval is the critical factor in implementing automated E gk zw, enforcement. It is made Up"of the yellow plus the all red time. The yellow time is 4.5 seconds for north -south and 4.5 seconds for the east -west movements. These values are in conformance with the TMUTCD. They exceed the ITE calculations of 3.5 seconds and 4.3 seconds. The existing settings are within acceptable parameters. The all red time is set at 1.5 seconds for north -south and 1.5 seconds east -west. These exceed the ITE and TMUTCD values for both directions. 27 Signing The intersection is signed properly to inform the motorists about the operating conditions and location. Advance Signal ahead indications with a photo enforcement plate will need to be installed prior to the start of the photo enforcement. These signings need to be placed to on all four approaches and about 150 feet prior to the intersection. Pavement Markings The pavement markings are well above standards for the in in great shape. There are stop bars to indicate where the m bars are large enough on FM 1709 provide motorists an adi located properly. These can be seen in FigureK Figure K-6 rsection and the paving is gist needs to stop. These uate target. They are also The crosswalks crossing Southlake Blvd. also highlight the intersection. Periodic maintenance should be conducted on all of the pavement markings to ensure they maintain adequate reflectivity. 28 Conclusions and Recommendations The intersection of FM 1709 at Kimball has a history of red light -running crashes. Analysis data and observation indicate that red-light running is occurring frequently. Automated enforcement is a proven tool that will reduce these violations. The intersection will need to have signal advance signs and photo enforcement signs installed on all approaches. The pavement markings should be maintained to continue the bright appearance. Signal timing should be reviewed ,and adjusted annually to account for changes in the growth of the area. v A public information campaign or driver awareness,program would be beneficial to educate all motorists prior to activation. SOUTHLAKE TEXAS Traffic Engineering Study for Automated Enforcement Southlake Blvd. (FM 1709) At Peytonville Ave. Walter Ragsdale, P. E. Ragsdale Consulting 214.893.3230 412 Skyline Drive Murphy, Texas 75094 www.Ragsdaleconsulting.com Walter. Rag sdaleCa)-rag sdaleconsulting.corn July 2008 Introduction The Texas Legislature passed SB 1119 which became effective on September 1, 2007. This bill authorizes and controls the use of municipal red-light camera enforcement and was codified in the Texas Transportation Code, Section 707.003. This statute requires the completion of a traffic engineering study to validate the need and applicability of red- light camera enforcement and forms the basis for this report. The City of Southlake, Texas has proposed the use of red-light cameras at several intersections within their jurisdiction. These intersections were proposed after an initial vetting process by the City's Law Enforcement staff. This study was commissioned by the City of Southlake, Texas to fulfill the requirements of the Texas statute. The Texas statute requires an engineering study to evaluate engineering solutions that may be implemented to reduce the occurrence of driving violations for the red-light running. These solutions can involve geometric, signal hardware or timing improvements. Automated enforcement is a proven method that uses photography, and technology to detect, photograph and then a civil citation is issued to the violator. The problem of red-light running is widespread and growing in Texas. State and municipal agencies have implemented numerous solutions to prevent and reduce these violations. The traditional three "E's" are typically used ---engineering, enforcement and education. The media has helped educate the public about the consequences of red- light running as automated enforcement systems have been installed in Texas. Signing photographic enforcement at an intersection is one of the countermeasures that address all of the three "E's". However all of these techniques have the same goal to reduce crashes, injuries and save lives. The use of red-light cameras for enforcement has been researched in the United States and abroad for many years, and recent studies in the United States indicate several interesting phenomena that accompany the application of red-light cameras. It is intuitive that a reduction in red-light running will reduce traffic crashes and improve safety. Based on this assumption, a number of municipalities and state transportation agencies have begun programs to try to reduce red-light running using a variety of methods. One such method is using red-light cameras as an enforcement tool. The use of red-light cameras is common in much of the world and both the technology and impetus to use that technology has been available since the 1970's. This technology has evolved from wet film to the current digital and video systems in use today. Texas Attorney General, John Cornyn, issued a ruling indicating that cities could implement photographic enforcement by their home rule authority. Several cities, such as Richardson, Garland and Plano proceeded with systems on this authority. The state then passed SB 1119 which sets forth specific requirements for the automated enforcement systems. In a June, 2006 opinion, Texas Attorney General Greg Abbott issued Opinion GA 0440 indicating that TxDOT has the authority to install these systems on state highways. Legislative Issues The Texas State Legislature recently passed Senate Bill 1119, which became effective September 1, 2007. This bill created Chapter 707 of the Transportation Code, entitled "Photographic Traffic Enforcement System" and amends Subtitle I, Title 7. The act authorizes local authorities to enact ordinances that require civil penalties based on photographic signal enforcement systems. It provides that the owner of a motor vehicle is liable to the local authority for such civil (not criminal as a police citation) penalty if the vehicle violates the instructions of the traffic control signal. It further authorizes the local authority to implement and operate a photographic enforcement system or contract for the implementation and operation of a system. It requires that the local authority conduct a traffic engineering study of each candidate approach for camera enforcement to determine if alternatives to the system are likely to reduce the number of red-light violations at the intersection. The Act requires that the results of the traffic engineering study be reported to a citizen advisory committee established for that purpose and that the committee advise the local 4 authority on the installation and operation of the system. The bill further requires that the local authority install signs along each roadway that leads to an intersection at which the camera enforcement system is in active use. The local authority is required, before installing the system, to compile a written report of the number and type of traffic accidents that have occurred at the intersection for at least 18 months prior to the date of the report. The statute also requires that the local authority submit to the Texas Department of Transportation (TxDOT) a copy of that report within six months of the implementation of that system. The local authority is further required to monitor and report to TxDOT the number and type of traffic accidents at each intersection to determine whether or not the system results in a reduction in accidents or a reduction in the severity of accidents. The report to TxDOT shall be in writing and according to a form prescribed by TxDOT. TxDOT has developed an on line reporting system for municipalities in 2008. The Act specifically requires that signals subject to camera enforcement will have a change interval (yellow plus all red) that meets the requirements of the Texas Manual on Uniform Traffic Control Devices (TMUTCD). General surveillance using the system is prohibited so that only violations of the traffic signal are photographed. Normal police enforcement measures at traffic signals are not precluded. The statute provides for revenue sharing from the collections of civil penalties with the local authority to retain an amount necessary to cover certain costs. Fifty percent of the additional revenue is to be sent to the State comptroller for deposit to the credit of the regional trauma account. It also caps the amount of civil penalty at $75 and late payment penalty of not greater than $25. The retained portion of the civil penalties over and above the costs must be spent to cover certain procedures for administration of the program of enforcement. The Texas Transportation Code and the Texas Manual on Uniform Traffic Control Devices (TMUTCD) give guidelines and standards for traffic signals. The TMUTCD Chapter 4 is the accepted national and state guideline for traffic signals. It is important that the nation have uniform standards for traffic signals. Drivers constantly cross state and national boundaries and this universal communication to the driver is imperative for the safety of our communities. It is universally known that red means STOP. If other 9 colors were used, drivers would be confused by the need to stop. Simply this report will review these universal standards to determine if they are met and/or any enhanced solutions may be needed prior to the implementation of the automated enforcement. The purpose of these enhanced solutions would be to reduce the frequency of red-light running. Some of the guidelines are recommended and may not be implemented. However, they have a direct relationship to red-light running. An example of this is the size of the signal head and light. Eight - inch heads are common throughout the state of Texas and the Dallas/Fort Worth Metroplex. However, twelve inch signal heads are also used. The larger, brighter red lights have been shown to reduce the occurrence of red-light running. Some of these engineering solutions are easy and cost effective to implement. Without the enforcement or threat of enforcement, these "traffic laws" or engineering standards would not be at all achieved. They would be consistently or frequently violated. Enforcement is the key to ensure that they are obeyed. However, with the over -worked enforcement agencies in Texas, it is difficult to have enough visibility to ensure compliance. Automated enforcement is a mechanical method, reviewed by authorized police agencies that operate 24 hours a day, 365 days a year. Studies have also indicated that there is a halo effect on other intersections. The goal of this enforcement is to improve safety and prevent crashes by reducing the number of red- light violators. Other Metroplex cities have demonstrated that a reduction in violations occurs as they have turned off their cameras at some intersections and the number of monthly violations is reduced. Traffic Engineering Study The purpose of this report is to conduct a traffic engineering investigation to analyze the potential engineering solutions to prevent red-light running. This report will analyze the intersections to insure that the locations meet the requirements of the Texas Manual on Uniform Traffic Control Devices. There are also several countermeasures which can be implemented to accomplish this goal. This will be a comprehensive evaluation of the intersections to observe the frequency of red-light running and recommend the appropriate countermeasures to reduce this frequency. The following items are reviewed in this investigation: 11 • clear view of the traffic signal heads - this will ensure that the motorist can observe the red -yellow -green indications from an appropriate distance from all of the approaches • traffic signal timing - this will ensure that the overall traffic signal is timed appropriately • yellow clearance interval - this will ensure that the motorist has the approaching indication based on intersection geometric system is made aware that the red light is about to start • all red clearance interval — a time period to insure that the motorists can completely clear the intersection prior to the opposing green indication • traffic signal loops - to determine the functionality of the loop detection and ensure where appropriate a green extension is used where needed • signal progression plan review - to ensure that the Que is not being clipped and is forcing unexpected stops • pavement markings - to ensure the adequate markings are in place including stop bars • intersection signing - to ensure that appropriate signs are in place at these locations • urban distractions - any review of the area around the location to ensure nothing uniquely distracts the motorist Red- Light Running Solutions There are many engineering enhancements that may be implemented to reduce the occurrence of red-light running. Some of these solutions are simple and cost effective; although in most cases these are enhancements to the standard installation. Some of these solutions include: back plates - the use of black back plates increases the target value of a traffic signal head especially at times when the sun is directly behind the traffic signal lights. LED signal lights - these lights are 40% brighter than incandescent lights; a bigger brighter light will reduce the occurrence of red-light running. All red and yellow clearance times - these times are set by an engineering analysis of the intersection geometric and speed. These guidelines are highlighted below. There are several other factors that need to be considered such as intersection geometrics, capacity, visibility, number of lanes, and intersection warrants. Traffic Signal Timing A key element relating to traffic signals is the signal timing. The timing falls into four categories. 1. Green time -- the amount time given to thru or turning traffic 2. Yellow time -- the amount of time between the green and red intervals 3. Red time -- the amount of time the opposing traffic is stopped 4. All red time -- the amount of time all approaches are stopped The timing of the traffic signals depends on many factors including volume, approach speed, intersection geometry, and vehicle detection. The critical time period is called the Clearance Interval: this is made up of the yellow and all red time. The state guidelines indicate that this time must be in conformance with the Texas Manual on Uniform Traffic and Control Devices. Detailed timing is calculated using guidelines from the Institute of Transportation Engineers (ITE). This agency gives precise engineering formulas to calculate the Clearance Interval. The TxDOT recommended method is to use the ITE formulas. Signal timing for each intersection should be monitored and adjusted as changes in volumes or geometric conditions occur. Southlake Blvd. (FM 1709) @ Peytonville Ave. Intersection Configuration Southlake Blvd. is a 6 lane east -west arterial road with a continuous left -turn lane. As a farm -to -market road, it is maintained by the Texas Department of Transportation (TxDOT). Generally these types of roads are designed to carry large traffic volumes which have a long trip length. The development along the corridor is generally commercial and multi -family. The roadway connects several cities together in North Tarrant County. Peytonville Ave. is a collector road. This type of roadway generally brings traffic from the more residential area to the arterial system. The roadway is typical of a county type construction that has been urbanized. The two lane road is widened to four lanes. At the intersection with Southlake Blvd. it is also widened for additional turn Ianes.A photograph of these roadways is shown below in Figure 1. Figure 1 FM 1709 at Peytonville Ave. FM 1709 has an approach speed of 45mph which seems appropriate for this road. Peytonville has a speed of 30mph. Traffic Volumes Southlake Blvd. is handling a moderate amount of traffic. Daily traffic counts in the eastbound direction are 21,300 and in the westbound direction are 20,400. This daily average of 41,700 vehicles per day is less than the design roadway capacity of 42,000 - 48,000 vehicles per day. Peytonville Ave. traffic is considerably less; the daily volume is about 4700 with the capacity of 14,000. Peak hour traffic is the critical volume throughout the day. This intersection still has plenty of extra capacity to handle future traffic growth. The configuration shown above with 3 thru lanes and left and right turn lane on Southlake Lake Blvd. provide an acceptable Level -of Service even in the peak hours. Crash Data Although we strive to have zero crashes at an intersection, due to human factors it is highly improbable. Many factors contribute to a crash. Any analysis of the intersection crash data will allow engineers to determine what factors caused these crashes. Generally driver error or inattention is a contributing factor to most crashes. By ensuring that traffic control devices are communicating appropriately to the driver, crashes can be minimized through these engineering solutions. Enforcement is another key element to ensure drivers obey the traffic laws. A combination of education, engineering and enforcement are key elements in reducing crashes. The following table summarizes the crash data for this intersection: Reported Crash Data Summary * Year FM 1709 Peytonville FM 1709 Peytonville Total Red - Light Running** 2007 4 1 2006 5 4 2005 2 1 2004 1 0 *Reported by the Southlake Police Dept. **Cause factors 15, 37, and 38 10 Crash data should be carefully used. Not all crashes are reported, as many cities do not even investigate non -injury crashes. Many crashes are also minor and just driven away by the drivers. However, crash data is still a valuable tool to indicate overall intersection safety. Traffic Signal The traffic signal at the intersection is of a modern design. This includes functions to detect oncoming traffic and extend green times appropriately. The signal operates an eight phase configuration. East and westbound traffic goes simultaneously with a separate protected east and westbound left turn phase. This is the same for north and southbound movements. The turning movements may also occur on a green ball. The video detection is designed to allow for the left turn phases if required. The green time for each phase is adjusted according to the volume of oncoming traffic based on the video detection. The east and westbound traffic signal indications are Figures three and four. Figure 3 East Bound approach 11 Figure 4 West Bound approach Traffic Signal Visibility As can be seen by the above photographs; the visibility of the signal indications is excellent. The vehicle detection system at this location is a video detecor mounted on top of the mast arm. This type of detection system has a good record of detecting approaching vehicles and extending the green times as appropriate. The signal indications are the more modern LED bulbs. The LED bulbs tend to be 40% brighter than the incandescent bulbs. The traffic signal heads are located over the lane lines to minimize occlusion (blockage of view by large trucks). The Signal Heads are large 12 inch heads with backplates to increase the visibility of the indications. The signal lenses and back plates are also in good shape, as can be seen in Figure 5. Figure 5 12 The Sianal Timin The signal timing was reviewed as a part of this study. The green timing is set with the appropriate time to allow minimal delays at the various time periods throughout the day. The data shows some minimal capacity problems. The majority of the traffic clears the intersection even in the peak hours. The vehicle change interval is the critical factor in implementing automated enforcement. It is made up of the yellow plus the all red time. The yellow time is four seconds for north -south and 4.5 seconds for the east -west movements. These values are in conformance with the TMUTCD. They exceed the ITE calculations of 3.5 seconds and 4.3 seconds. The existing settings are within acceptable parameters. The all red time is set at 1.5 seconds for north -south and 2.5 seconds east -west. These exceed the ITE and TMUTCD values for both directions. Signing The intersection is signed properly to inform the motorists about the operating conditions and location. Advance Signal ahead indications with a photo enforcement plate will need to be installed prior to the start of the photo enforcement. These signings need to be placed to on all four approaches and about 150 feet prior to the intersection. Pavement Markings The pavement markings are well above standards for the intersection and the paving is in great shape. There are stop bars to indicate where the motorist needs to stop. These bars are large enough on FM 1709 provide motorists an adequate target. They are also located properly. These can be seen in Figure 6. 13 Figure 6 The crosswalks crossing Southlake Blvd. also highlight the intersection. Periodic maintenance should be conducted on all of the pavement markings to ensure they maintain adequate reflectivity. Conclusions and Recommendations The intersection of FM 1709 at Peytonville has a history of red light -running crashes. Analysis data and observation indicate that red-light running is occurring frequently. Automated enforcement is a proven tool that will reduce these violations. The intersection will need to have signal advance signs and photo enforcement signs installed on all approaches. The pavement markings should be maintained to continue the bright appearance. Signal timing should be reviewed and adjusted annually to account for changes in the growth of the area. A public information campaign or driver awareness program would be beneficial to educate all motorists prior to activation. 14