§ 94-307. Affirmative defenses.

The owner of the motor vehicle shall be responsible for a violation of this article, unless the owner can, by preponderance of the evidence, prove that:

(1)

The traffic-control signal was not in proper position and sufficiently legible to an ordinarily observant person;

(2)

The operator of the motor vehicle was acting in compliance with the lawful order or direction of a police officer;

(3)

The operator of the motor vehicle violated the instructions of the traffic-control signal so as to yield the right-of-way to an immediately approaching authorized emergency vehicle;

(4)

The motor vehicle was being operated as authorized emergency vehicle under V.T.C.A., Transportation Code ch. 546 and the operator was acting in compliance with that chapter;

(5)

The motor vehicle was a stolen vehicle and being operated by a person other than the owner of the vehicle without the effective consent of the owner;

(6)

The license plate depicted in the recorded image of the violation was a stolen plate being displayed on a motor vehicle other than the motor vehicle for which the plate has been issued;

(7)

The presence of ice, snow, unusual amounts of rain or other unusually hazardous road conditions existed that made compliance with this article more dangerous under the circumstances than non-compliance; or

(8)

The person who received the notice of violation was not the owner of the motor vehicle at the time of the violation.

(Ord. No. 10,778, § 2, 12-13-07)