§ 70.08  AFFIRMATIVE DEFENSES.
   The owner of the motor vehicle shall be responsible for a violation of this subchapter, unless the owner can, by preponderance of the evidence, prove that:
   (A)   The traffic-control signal was not in proper position and sufficiently legible to an ordinarily observant person;
   (B)   The operator of the motor vehicle was acting in compliance with the lawful order or direction of a police officer;
   (C)   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;
   (D)   The motor vehicle was being operated as authorized emergency vehicle under Tex. Trans. Code, Ch. 546 and the operator was acting in compliance with that ordinance;
   (E)   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;
   (F)   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;
   (G)   The presence of ice, snow, unusual amounts of rain or other unusually hazardous road conditions existed that made compliance with this subchapter more dangerous under the circumstances than non-compliance; or
   (H)   The person who received the notice of violation was not the owner of the motor vehicle at the time of the violation.
(Ord. 09-0721A, passed 7-21-2009)