ENFORCEMENT; PROCEDURES.
Austin City Code § 12-1-63
in effect§ 12-1-63 - ENFORCEMENT; PROCEDURES.
(A) The court and the department are responsible for the enforcement and administration of this article.
(B) To impose a civil penalty under this article, not later than the thirtieth day after the violation is alleged to have occurred, the court or the department shall mail, or cause to be mailed, a notice to:
(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 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.
(C) A notice of violation issued under this article shall include:
(1) a description of the alleged violation;
(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;
(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 number of days the person has 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 of violation may pay the civil penalty in person, by mail sent to a specified address or other electronic means instead of appearing at the time and place of the administrative adjudication hearing;
(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 in person or by submitting a written request for an administrative adjudication hearing before the expiration of the period specified under paragraph (C)(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 owner's right to appeal the imposition of the civil penalty;
(11) a statement that, if at the time and place of the alleged violation, the vehicle depicted in the photograph or digital image taken by the traffic control enforcement system was being operated by a person other than the owner, then the owner may transfer liability for the violation to the person who was operating the vehicle if the owner provides to the court in an affidavit of non-liability, or under oath at an administrative adjudication hearing, the name and current address of the person who was:
(a) operating the vehicle at the time and place of the alleged violation;
(b) renting or leasing the vehicle at the time of the alleged violation, if the vehicle was rented or leased from a person in the business of renting or leasing motor vehicles at that time;
(c) the subsequent owner of the motor vehicle, if ownership of the vehicle was transferred by the owner before the time of the alleged violation; or
(d) test driving the vehicle at the time of the alleged violation; and,
(12) a statement that a recorded image is evidence in a proceeding for the imposition of a civil penalty.
(D) A notice of violation is presumed to have been received on the fifth day after the date the notice of violation was mailed.
(E) A copy of a transfer of certificate of title form or a statement from the tax assessor's office verifying transfer of title before the date of the alleged violation shall be accepted as proof of title transfer.
(F) Only a registered owner of the vehicle involved in the alleged violation may submit an affidavit of non-liability.
(G) A registered owner may submit only one affidavit of non-liability for each alleged violation.
(H) The person named in an affidavit of non-liability described in paragraph (C)(11) shall be issued a notice of violation within thirty days of the court receiving the owner's affidavit of non-liability.
(I) If the court, department or hearing officer determines that a registered owner failed to submit current information, or submitted false information in an affidavit of non-liability, then potential liability for the alleged violation shall revert to that registered owner.
(J) The court shall ensure that a form affidavit of non-liability is provided with each notice of violation and posted on the City website.
(K) The City reserves the right to designate the name and address of the operator of a vehicle in violation of this ordinance when the vehicle is owned by the City. The City shall follow the procedures set forth in this Section 12-1-63 (Enforcement; Procedures) to make the designation.
Source: Ord. 20061102-014; Ord. 20071129-020.
Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT12TRRE_CH12-1TRREAD_ART6AURELIEN_S12-1-63ENPRFetched: 10/27/2026