(A) The imposition of a civil penalty under this subchapter is not a conviction and may not be considered a conviction for any purpose, nor may information concerning a civil penalty be provided to a credit bureau or similar entity.
(B) The implementation of a photographic traffic signal enforcement system by the city under this subchapter does not prohibit a peace officer from arresting a violator of Tex. Trans. Code, § 544.007(d) as provided by Tex. Trans. 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 Tex. Trans. Code, Ch. 543.
(C) No civil penalty may be imposed under this subchapter 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 Tex. Trans. 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 subchapter.
(Ord. 09-0721A, passed 7-21-2009)