§ 94-311. Effect of liability; exclusion of civil remedy; enforcement.

(a)

The imposition of a civil penalty under this article is not a conviction and may not be considered a conviction for any purpose.

(b)

The implementation of a photographic traffic signal enforcement system by the city under this article does not prohibit a peace officer from arresting a violator of V.T.C.A., Transportation Code § 544.007(d) as provided by V.T.C.A., Transportation Code ch. 543 if the peace officer personally witnesses the violation or from issuing the violator a citation and notice to appear as provided by V.T.C.A., Transportation Code ch. 543.

(c)

No civil penalty may be imposed under this article on the owner of a motor vehicle if the operator of the vehicle was arrested, was issued a criminal citation and notice to appear or was issued a warning by a duly authorized peace officer for a violation of V.T.C.A., Transportation Code § 544.007(d) recorded by the photographic traffic signal enforcement system.

(d)

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 will not be issued for the owner; and

(2)

The imposition of the civil penalty will not be recorded on the owner's driving record.

(e)

The city attorney is authorized to file suit to enforce collection of a civil penalty assessed under this article.

(Ord. No. 10,778, § 2, 12-13-07)