Item 9ACity of Southlake, Texas
MEMORANDUM
Tuesday, October 7, 2008
To: Shana Yelverton
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), Kimball at East Southlake Blvd. (FM1709),
Davis (FM1938) at West Southlake Blvd. (FM1709), and
Peytonville at West Southlake Blvd. (FM1709).
Background
Information:
The City Council appointed a 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 15, 2008, the City Council approved 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 those intersections 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.
On September 23, 2008, the Citizen's Advisory
Committee approved (5-0) the placement of red light
cameras at Carroll at East Southlake Blvd. (FM1709),
Kimball at East Southlake Blvd. (FM1709), Davis
(FM1938) at West Southlake Blvd. (FM1709), and
Peytonville at West Southlake Blvd. (FM1709). The
approval of the Citizen's Advisory Committee was based
on data collected by Police Services over an 18 month
period, the video surveys conducted by Redflex,
engineering study results, and the recommendation of
City staff that photographic traffic signal enforcement
systems 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 South lake Blvd. (FM 1709)-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 1
Turned Improperly Wide Right 1
Failed to Yield ROW — Turn on Red 1
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: Citizen's Advisory Committee approval (5-0) on
September 23, 2008
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 Carroll at East Southlake Blvd.
(FM1709), Kimball at East Southlake Blvd. (FM1709),
Davis (FM1938) at West Southlake Blvd. (FM1709), and
Peytonville at West Southlake Blvd. (FM1709).
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 VII I, Automated Red
Light Enforcement, to read as follows:
"Article Vlll. 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.
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Sec. 18.326. Definitions.
In this article:
(1) "Department" shall 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 Signal" has the meaning assigned by section
541.304 of the Texas Transportation Code, as amended.
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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. 18-329. 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.
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(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. Deports 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 of 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.
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(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.
See.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 bth 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.
Sec.18-336. Admission of Inability.
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.
Sec.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.
M 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 selling, 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 title 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.
Q) 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
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time of the violation within 30 days of the Department's receipt of the proof
described in sections 18-335(b)(10)(1=) 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.
Sec.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 fling an
appeal petition with the clerk of the Municipal Court.
(b) The petition must be:
Page 12
(1) filed before the 31SE 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.
(e) An appeal under this section shall be determined by the court by
trial de nova. All evidence submitted at the administrative hearing shall be and
any additional relevant evidence may be admitted in the trial.
(f) 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.
Sec.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.
Sec.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 lines, 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 Southiake, 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
&vmaho) , 2007.
MAYOR
ATTEST: �•` a:.•......: �;•.
kA-,
to .
CITY SECRETARY"
PP SED AND APPROVED on the 2nd reading the % day of
ALkl=bQ) , 2007.
MA OR
ATTEST: ..,,
Off. •1 S I
SECRETA Y
APPROVED AS TO FORM AND LEGALITY:
Page 16
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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 xeclistiation records of
the 'Texas Department of Transportation or the analogous department
or agency of another state or county .
(3) "Photographic traffic signal enforcement s stem"
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
S.B.
1 rear of a motor vehicle that is not operated in compliance
No.
with
1119
the
2 instructions of the traffic -control signal_._
3 (4) "Recorded image" means a photogiaphic or
digital
4 image that dep icts the front or the rear of a motor vehicle.
5 (3) "Traffic -control signal" has the meaning
assigned
6 by Section 541.304._
7 Sec. 707.002. AUTHORITY TO PROVIDE FOR CIVIL PENALTY.
The
8 goveyning body of a local authority by ordinance ray implement a
9 photographic traffic signal enforcement system andprovide 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 b
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 photogiaphic 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 far 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.
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S.S. No. 1119
1 (c) Before installinq a photographic traffic si nal
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 chars e to the a roach or a chap e in the
6 si nalization 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 s stem
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 engineexinq 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 advisor
17 committee consisting of one person apEointed by each member of the
le 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
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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 photogiaphic 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 phatogia2hic 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 photogiaphic traffic signal
16 enforcement system at an intersection a roach, 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 s stem
22 at the intersection, the local authority shall PTOViCle the
23 department a copy of the report required by Subsection (b) .
24 (d) After installing a 2hotoqraphic traffic signal
25 enforcement system at an intersectianappioach, the local authorit
26 shall monitor and annually report to the department the number and
27 typeof traffic accidents at the intersection to determine whether
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S.B. No. 1119
1 the system results in a reduction in accidents or a reduction in the
2 severity of accidents.
3 (e) The report must be in writing in the form prescribed by
4 the department._
5 (f) Not later than December 1 of each year, the department
6 shall 2uhlish the information submitted by a local authority under
7 Subsection (d).
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12 tMAIMMOOMW
13 Sec. 707.006. GENERAL SURVEILLANCE PROHIBITED; OFFENSE.
14 (a) A local authority shall operate a hoto ra hic traffic control
15 signal enforcement system only for the purpose_ of detecting a
16 violation or suspected violation of a traffic -control signal.
17 (b) A person commits an offense if the persan uses a
18 photographic traffic signal enforcement system to produce a
19 recorded image other than in the manner and for the putpose
20 specified by this chapter.
21 (c) An offense under this section is a Class A misdemeanor.
22 Sec. 707.007. AMOUNT OF CIVIL PENALTY; LATE PAYMENT
23 PENALTY. If a local authority enacts an ordinance to enforce
24 compliance with the instructions of a traffic -control signal by the
25 im osition of a civil or administrative penalty, the amount of:
26 (1) the civil or administrative penalty may not exceed
27 $75, and
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1 (2) a late payment penalty may not exceed $25.
2 Sec. 707.008. DEPOSIT OF REVENUE FROM CERTAIN TRAFFIC
3 PENRLTIES. (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
5 authority shall:
7 (1) send 50 percent of the revenue derived from civil
6 ox administrative penalties collected by the local authorityunder
9 this section to the com trolley for deposit to the credit of the
10 regional trauma account established under Section 7e2.002, Health
11 and Safety Code; and
12 (2) de osit 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, inteysection improvements, and
16 traffic enforcement.
17
(b) A local authority may retain an amount necessary to
18
cover the costs of:
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(1) purchasing
or leasing e ui ment that is part of or
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used in connection with the
photogiaphic traffic signal enforcement
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system in the local authority;
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(2) installing
the photographic traffic_ signal
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enforcement system at sites
in the local authority, inclu6inq the
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costs of installing cameras flashes com utex equipment, loop
25
sensors, detectors utility
lines, data lines, poles and mounts,
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networking equipment, and associated labor costs;
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(3) operating
the photographic traffic signal
C.1
S_B. No. 1119
1 enforcement system in the local authority, including the costs of
2 creating, distributinq, and delivering violation notices, review
3 of violations conducted by employees of the local authority, the
4 piocessing of fine payments and collections and the costs
5 associated with administrative ad�udications and appeals, and
6 (4) maintaininq 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 Eenalty is entitled
22 to a hearing and shall:
23 (1) provide for the period in which the hear_inqmust 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
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S.B. No. 1119
1 (3) desiFinate the department, a enc or office of the
2 local authority responsible for the enforcement and administration
3 of the ordinance or 1pyovide 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 im lementation of a photographic traffic si nal enfoxcement s stem
8 by a local authority under this chapter does not:
9 (1) reclude the application or enforcement in the
10 local authority of Section 544.007(d) in the manner prescyibed b
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
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officer pei:sonally 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 charter on the owner of a motor vehicle if the operator of the
19 vehicle was arrested or issued a citation and notice to appear b a
20 peace officer for the same violation of Section 544.007(d) recorded
21 bv the photographic traffic signal enforcement system.
22 Sec. 707.C11. NOTICE OF VIOLATION; CONTENTS. (a) The
23 imposition of a civil penalty under this chapter is initiated by the
24 mailin2 of a notice of violation to the owner of the motor vehicle
25 against whom the local authority seeks to im ose the civil penalty.-_
26 (b) Not later than the 30th day after the date the violation
27 is alle ed to have occurred, the designated department, agency, or
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S.S. 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 De artment of Trans ortation; or
6 (2) if the vehicle is registered in another stateor
7 country, the owner's address as shown on the motor vehicle
8 registration records of the department or a2ency 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 xecordedimacfe 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 2erson incurs a late payment penalty if the civil penaltyis not
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paid or imposition of the penalty is not contested within that
period;
(9) a statement that the owner of the vehicle in the
notice of violation may elect to 2ay 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 against the person 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 period specified
under Subdivision (8); and
(C) that failure to pay the civil penalty or to
contest liability for the penalty 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) A notice of violation is presumed to have been received
on the fifth day after the date the notice is mailed.
Sec. 707.012. ADMISSION OF LIABILITY. A erson who fails to
pay the civil penalty cr to contest liability for the penalty in a
timely manner or who re uests an administrative adjudication
hearing to contest the imposition of the civil penalty against the
person and fails to appear at that hearing is considered to:
(1) admit liability for the full amount of the civil
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penalty stated in the notice of violation mailed to the ersen; and
(2) waive the person's right to appeal the imposition
of the civil penalty.
Sec. 707.013. PRESUMPTTON_ (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
depicted in a photograph or digital image taken by_a photographic
traffic signal enforcement system belongs to the owner of the motor
(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 sicrnal enforcement system was
owned by a person in the business of selling, renting, or_leasinq
motor vehicles or by a person who was not the person named in the
notice of violation, the presumption under Subsection (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) Notwithstandinq Section 707.014, the presentation of
evidence under Subsection (b) by a person who is in the business of
selling, renting, or leasing motor vehicles ox did not own the
vehicle at the time of the violation must be made by affidavit,
through testimony at the administrative adjudication hearing _under
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1 Section 707.014, or by a written declaration under penalty of
2 perjury. The affidavit ox wxitten declaration may be submitted by
3 mail to the local authority or the entity with which the local
4 authority contracts under Section 707.003(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
9 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
IS the photograph ox digital image and a statement of the period during
19 which that individual was renting or leasing the vehicle. The owner
20 sha11 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 requited 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.
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I Sec. 707.014. ADMINISTRATIVE ADJUDICATION HEARING. (a) A
2 person who receives a notice of violation under this chapter ma
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
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 maybe attested to by of
20 an officer or employee of the local authority _orof the entity with
21 which the local author it contracts under Section 707.003(a)(1) who
22 is responsible for ins_pectin_q 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
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(2) evidence of the facts contained in the affidavit.
(q) At the conclusion of the administrative adjudication
hearing, the hearing officer shall enter a finding of liability for
the civil penalty or a finding of no liability for the civil
penalty. A finding under this subsection must be in writing and be
signed and dated by the hearing offices .
(h) A finding of liability fox a civil penalty must specify
the amount of the civil penalty for which the person is liable. If
the hearing officer enters a findin2 of no liability, a civil
penalty for the violation may not be imposed against the person-
(i) A finding of liability or a findinq of no liability
entered under this section may:
(1) be filed with the clerk or secretary of the local
authority or with a person designated by the governing body of the
local authority; and
(2) be recorded on microfilm or microfiche or using
data processinq techniques.
Sec. 707.C15. UNTIMELY REQUEST FOR ADMINISTRATIVE
ADJUDICATION HEARING. Notwithstanding any other piovision of this
chapter, a person who receives a notice of violation under this
chapter 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 hearina 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
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(2) the written request and affidavit axe submitted to
the heaxing officer within the same number of days after the date
the person received the notice of violation as specified under
Section 707.011(c)(8).
Sec. 707.016. 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 'ud e by filing an appeal petition
with the clerk of the court. The petition must be filed with:
(1) a justice court of the county in which the local
authority is located; or
(2) if the local authority is a municipality, the
municipal court of the municipality.
(b) The petition must be:
(1) filed before the 31st day after the date on which
the administrative adjudication hearing officer entered the
finding of liability fox the civil penalty; and
(2) accompanied by payment of 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 appxopxiate department, agency,
or office of the local authority of the date, time, and place of the
hearing.
(d) An appeal stays enforcement and collection of the civil
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.
(e) An appeal under this section shall be determined by the
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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 he
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; [a�n4]
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(3) foreclosure of mortgages and enforcement of liens
on personal property in cases in which the amount in controversy is
otherwise within the justice court's jurisdiction; and
(4) cases arisinq under Chapter 707, Transportation
Code, outside a municipality's territorial limits.
SECTION 3. Section 29.003, Government Code, is amended by
adding Subsection (g) to read as follows:
(q) A municipal court, including a municipal court of
record, shall have exclusive appellate jurisdiction within the
municipality's territorial limits in a case arising under Chapter
707, Transportation Code.
SECTION 4. Section 133.004, Local Government Code, is
amended to read as follows:
Sec. 133.004. CIVIL FEES. This chapter applies to the
following civil fees:
(1) the consolidated fee on filing in district court
imposed under Section 133.151;
(2) the filing fee in district court for basic civil
legal services for indigents imposed under Section 133.152;
(3) the filing fee in courts other than district court
for basic civil legal services for indigents imposed under Section
133.153;
(4) the filing fees for the judicial fund imposed in
certain statutory county courts under Section 51.702, Government
Code;
(5) the filing fees for the judicial fund imposed in
certain county courts under Section 51.703, Government Code;
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(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. 015 7
(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; [a+�4]
(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
(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
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S.B. No. 1119
appropriated only to the commission to mace distributions as
provided by Section 782.003._
(b) The account is composed of money deposited to the credit
of the account under Section 707.008, Transportation Code, and the
earnings of the account.
(c) Sections 403.095 and 404.071, Government Code, do not
apply to the account_._
Sec. 782.003. PAYMENTS FROM THE REGIONAL TRAUMA ACCOUNT.
(a) The commissioner shall use money appropriated from the
re zonal trauma account established under Section 782.002 to fund
uncompensated care of designated trauma facilities and county and
regional emergency medical services located in the area served by
the trauma service area regional advisory council that serves the
local authority submitting money underSection 707.008,
Transportation Code.
(b) In any fiscal year, the commissioner shall use.
(1) 96 percent of the money appropriated from the
account to fund a porticn of the uncom ensated trauma care rovided
at facilities designated as state trauma facilities by the
Department of State Health Services;
(2) two percentof the raoney appyopriated from the
account fox county and re Tonal emeiSlency medical services;
(3) one percent of the money appropriated from the
account fox distribution to the 22 trauma service area regional
advisory councils; and
(4) one percent of the money appropriated fxom the
account to fund administrative costs of the commission.
19
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S.B. No. 1119
(c) The money under Subsection (b) shall be 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 ox after Januaxy 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
Traffic Engineering Study for Automated Enforcement
Southlake Blvd. (FM 1709) At Carroll, Davis (FM 1938)1
and Kimball.
Walter Ragsdale, P. E.
Ragsdale Consulting
214.893.3230
412 Skyline Drive
Murphy, Texas 75094
www.Ragsdaleconsulting.com
Walter. Raasdaleanraasdaleconsultina.com
1
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 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
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:
1.1
• 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.
E:3
Southlake Blvd. (FM 1709) @ Randal Mill Ave. / Davis Blvd.
(FM1938)
Northbound Automated Enforcement
Intersection Configuration
Southlake Blvd. (FM 1709) is a 6 lane east -west arterial road with a continuous left -turn
lane, generally in a 130 foot right -of way. 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. Randal Mill Ave. / Davis Blvd. (FM 1938)
is also an arterial road. The roadway is typical of an urban type of construction. A
photograph of these roadways is shown below in Figure R-1.
s
0
Figure R-1 FM 1709 at Randal Mill Ave. / Davis Blvd.
W
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. Daily traffic counts in the
eastbound direction are 18,800 and in the westbound direction are 17,700. This daily
average of 35,500 vehicles per day is less than the design roadway capacity of 42,000 -
48,000 vehicles per day. Randal Mill Ave. / Davis Blvd traffic is considerably less; the
daily volume is NB 14,500 and SB 177100 with the capacity of 38,000 south of the
intersection and 8, 000 (both directions ) north of the intersection.
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 hours (AM & PM).The north bond approach is the
critical direction with3 lanes: left, left thru, and right turn lane.
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:
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
*Reported by the Southlake Police Dept.
**Cause factors 15, 37, and 38
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 a
split phase configuration. East and westbound traffic goes simultaneously with a
separate protected east and westbound left turn phase. The north and southbound
movements do not occur simultaneously. The EB/WB 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
Figure R-3 Northbound approach
Figure R-4 Northbound approach
Traffic Signal Visibility
As can be seen by the above photographs; the visibility of the signal indications is good.
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.
i
Figure R-5 Northbound approach
The Signal Timing
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 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
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 Markinas
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. Except
for the north to east bound right turn only lane (see below). These bars are large
enough on the intersection provide motorists an adequate target. They are also located
properly. These can be seen in Figure R-6.
IS
;O-e-#*
y.
40
Figure R-6
14
_V
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 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. A stop bar is needed for the northbound right turn only lane. The
incandescent light bulbs should be upgraded to LED bulbs. A back plate is needed on
the far right signal head to match the others on the north bound approach. 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.
15
Southlake Blvd. (FM 1709) @ Carroll Ave.
Westbound Automated Enforcement
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. Carroll Ave. is a minor arterial road. The road is designed to carry long
intercity trips. The roadway is of modern construction in an urbanized area. Southlake
Blvd. is widened for EB/WB right turn only lanes at the intersection. The roadways are
shown below in Figure C-1.
t
pziri
�T
�s �y, a .•
Ir ;,
w •
Figure C-1 FM 1709 at Carroll Ave.
16
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.
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 (AM & PM).
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:
17
Reported Crash Data Summary *
Year
FM 1709
Carroll Ave.
FM 1709
Carroll Ave.
Total
Red - Light
Running**
2007
5
0
2006
8
3
2005
4
3
2004
5
2
*Reported by the Southlake Police Dept.
**Cause factors 15, 37, and 38
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 westbound traffic signal indications are Figures C-3and C-4.
iR
Figure C-3 West Bound approach
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.
Figure C-5
The Signal Timing
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 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 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 C-6.
1
-ram
Can -di
I
r
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 awareness program would be beneficial to
educate all motorists prior to activation.
22
Southlake Blvd. (FM 1709) @ Kimball Ave.
Westbound Automated Enforcement
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. The roadway connects several cities together in North Tarrant County.
Kimball Ave. is also a minor arterial road. This type of roadway generally brings traffic
from the more residential area to the arterial system. The roadway is of a modern urban
design. The intersection with Southlake Blvd. it is also widened for additional turn lanes.
A photograph of these roadways is shown below in Figure K-1.
ax
Figure K-1 FM 1709 at Kimball Ave.
23
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 design 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 42,000.
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 (AM & PM).
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:
24
Reported Crash Data Summary *
Year
FM 1709
Kimball Ave.
FM 1709
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
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 K-3 and
K-4.
25
Figure K-3 West Bound approach
Figure K-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
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.
FigureK-5
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 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 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 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 FigureK- 6.
a
Figure K-6
k
MIT' r,.
w
0 "1~ _.
■
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 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.
A public information campaign or driver awareness program would be beneficial to
educate all motorists prior to activation.
29
SOUTHLAKE
TEXAS
'`� :;tom,,, � �ry, `•
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. RagsdaleCa)-ragsdaleconsulting.com
1
July 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 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
:l
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
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:
• 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 Timinq
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.
E.'
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.
dIL
1 i
_ 4
E
FM
F �Mu■ ■
10Southlake Blvd.
db
n onvill e
i
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.
P7
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
i
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
1W4.
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