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HomeMy WebLinkAbout2008 10 13 Public Hearings 506 Ordinance Number 2008-27 First Reading Red Light Infractions COMMISSION AGENDA ITEM 506 Consent Informational Public Hearing X Regular October 13, 2008 Regular Meeting )1';2::1'/'6 Mgr. / Att. / Dept. REQUEST: The City Attorney requests that the City Commission consider Ordinance No. 2008-27, Red Light Infractions, on First Reading. PURPOSE: The purpose of this Agenda Item is to adopt enabling legislation that will create a comprehensive regulatory scheme that will authorize law enforcement to issue code enforcement civil infractions ($125.00) to owners of motor vehicles that have failed to stop at a red light which has been equipped at intersections with unmanned traffic control devices/cameras. APPLICABLE LAW AND PUBLIC POLICY: 1. Florida Municipal Home Rule Powers Act. 2. Opinions 05-41 and 97-06 of the Florida Attorney General. 3. Chapter 162, Florida Statutes. CONSIDERATIONS: 1. The City Commission has recognized that red light running by motor vehicles is a serious problem in Winter Springs and throughout Central Florida. 2. During public meetings this year, the City Commission has previously studied using unmanned cameras a means of preventing owners of motor vehicles from running red lights. 4. The Orlando Sentinel previously reported that over 200 cities nationwide are using unmanned cameras at intersections for purposes of reducing red light infractions and promoting the health and safety of the motoring public. 5. On July 14, 2008, the City Commission approved authorization to enter into a five (5) year contract with American Traffic Solutions to provide a comprehensive and fully integrated red light traffic safety management services including the installation and maintenance of automated traffic devices, collection of fines, training, public safety announcements, etc. 6. The Attorney General has opined that unmanned traffic cameras may be installed by municipalities to "monitor" intersections and red light infractions and that municipalities may "advise" violators that their motor vehicle license number has been recorded in violation of the traffic laws. AGO 05-4 I. However, the Attorney General cautioned against using unmanned cameras as the sole basis of issuing a fine for violations of the traffic laws of Florida because the Florida Statutes do not so authorize. The Florida Legislature has failed to address this issue despite bills being filed in 2006 and 2007. Because of the concerns raised on AGO 05-41 and 97-06 regarding whether or not an unmanned traffic cameras can be independently used as the sole basis to enforce the traffic laws, infractions issued under this Ordinance will be considered nonmoving, code enforcement infractions that will be prosecuted in accordance with the code enforcement procedure set forth in the Ordinance. The Ordinance provides an extensive procedure for trained law enforcement personnel to review the taped violation before a notice of violation is sent and a fine is imposed. There is some debate whether this code enforcement approach has been preempted by the uniform traffic laws adopted by the Florida Legislature. No Florida case law exists on the issue. 7. Upon installation of the automated traffic control devices, the City will conduct a courtesy test of the system before imposing any fines under this Ordinance. Violators will receive courtesy notices during the test period. The system will "go live" at such time the City Commission adopts a resolution which sets forth the commencement date to start imposing code enforcement fines ($125.00 per violation) under this Ordinance. It is estimated that code enforcement fines will start to be imposed approximately 30 days after the system is installed and becomes operational. STAFF RECOMMENDATION: The City Attorney, City Manager, and Police Chief recommend that the City Commission pass Ordinance 2008-27 on First Reading and advertise said Ordinance for second/final reading and adoption. ATTACHMENT: Ordinance 2008-27 COMMISSION ACTION: On July 14,2008, the City Commission authorized entering into a contract with American Traffic Solutions to install, operate, and maintain unmanned traffic control devices/cameras at certain arterial roadway intersections within the City Of Winter Springs. ORDINANCE NO. 2008-27 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO TRAFFIC LIGHT SAFETY; PROVIDING FOR LEGISLATIVE FINDINGS INTENT/PURPOSE; PROVIDING FOR INTENT AND DEFINITIONS; ESTABLISHING AN ENFORCEMENT PROGRAM WITHIN THE CITY; AUTHORIZING THE CITY TO PERMIT AND IMPLEMENT THE USE OF UNMANNED CAMERAS/MONITORING DEVICES FOR RED LIGHT INFRACTIONS; PROVIDING ENFORCEMENT PROCEDURES, INCLUDING NOTICE, APPEAL HEARINGS, PENALTIES, IMPOSITION OF ADMINISTRATIVE CHARGES AND COLLECTION; PROVIDING FOR EXCEPTIONS; PROVIDING FOR DIRECTIONS TO THE CITY MANAGER; PROVIDING FOR THE ESTABLISHMENT OF HEARING OFFICERS AND MATTERS RELATING THERETO; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Winter Springs is located in a high density traffic area and regularly experiences traffic incidents related to the failure of motorists to obey duly erected traffic control devices, exposing its citizens to the dangers of personal injury and property damage; and WHEREAS, the City Commission of the City of Winter Springs is concerned with the inability to sufficiently enforce the State statutes prohibiting running of red lights, due mainly to the requirement that enforcement of the State law requires the personal observation of police officers, affecting the ability to effectively reduce the significant dangers presented to motorists and pedestrians by the failure to stop for a red light; and WHEREAS, the use of unmanned cameras to enforce toll violations on the State's system of toll roads has been determined to be fair, reasonable and sufficient by the State in order to effectively enforce laws regulating the payment of tolls without the need to commit the extreme amount of personnel that would be necessary without the use of unmanned cameras; and WHEREAS, similarly, the use of unmanned cameras will be effective in enforcing laws requiring drivers of motor vehicles to stop for red lights and will have the effect of freeing law enforcement personnel to respond to other, and sometimes more significant, incidents as well as serious crime; and WHEREAS, local governments in different parts of the State and Nation have demonstrated the enhancement of vehicular and pedestrian traffic safety attributable to the integration of automated image capture technologies with traditional traffic law enforcement methodology; and WHEREAS, Section 316.008, F/orida Statutes, grants municipalities, with respect City of Winter Springs Ordinance No. 2008-27 1 to streets and highways under their jurisdiction and within the reasonable exercise of the police power, the authority to regulate and monitor traffic by means of law enforcement officers and security devices; and WHEREAS, the City of Winter Springs is vested with home rule authority pursuant to Article VII, Section 2 of the Constitution of the State of Florida and Chapter 166, Florida Statutes, to enact an ordinance making the failure to stop for a red light indication a code violation, and to provide for enforcement of such violations; and WHEREAS, Opinion 05-41 of the Attorney General of the State of Florida, dated July 12, 2005, issued to Samuel S. Goren, City Attorney for the City of Pembroke Pines, confirms the authority of the City to enact an ordinance making the failure to stop at a red light indication a code violation to use unmanned cameras to monitor intersections in the City for such code violations, and to record the license tag numbers of vehicles involved in such violations; and WHEREAS, the Attorney General has opined that the cities may not issue traffic citations under the State law to drivers for violations observed by the use of unmanned cameras and not otherwise observed by law enforcement officers; and WHEREAS, in order to be consistent with State law and the referenced Attorney General Opinion, the City will issue the uniform traffic citation prescribed by Chapter 316, Florida Statutes, and will not prosecute offenses of this Ordinance through the County Court, but, rather, through the City's code enforcement program, procedures and processes; and WHEREAS, the City Commission of the City of Winter Springs finds it to be fair and reasonable to use the same procedure used by the State to enforce toll violations through unmanned cameras, and to provide alleged violators with the opportunity to have a hearing within the City using the City's code enforcement procedures, program, and processes; and WHEREAS, the City Commission of the City of Winter Springs finds that implementation of the enforcement program as set forth in this Ordinance will promote, protect and improve the health, safety and welfare of its citizens, consistent with the authority of and limitations on the City pursuant to the Constitution of the State of Florida and the Florida Statutes. NOW, THEREFORE, the City Commission of the City of Winter Springs, Florida hereby ordains: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Code Amendment. The City of Winter Springs Code, Chapter 12, Motor Vehicles and Traffic, is hereby amended as follows: (underlined type City of Winter Springs Ordinance No. 2008-27 2 indicates additions and strikoout type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 12. It is intended that the text in Chapter 12 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 12 Motor Vehicles and Traffic *** Article IV. Red LiQht Code Enforcement Infraction. Sec.12-80 LeQislative FindinQs And IntenUPurpose. (a). The recitals (whereas clauses) set forth in Ordinance 2008-27 are hereby adopted, and fullv incorporated herein, as the leqislative findinqs of the City Commission of the City of Winter Sprinqs. (b)' The purpose of this Article is to authorize the use of an unmanned cameras/monitorinq system to promote compliance with red liqht siqnal directives as set forth in this Article. and to adopt a civil enforcement system for red liqht siqnal violations. This Article will supplement law enforcement personnel in the enforcement of red Iiqht siqnal violations and shall not prohibit law enforcement officers from issuinq a citation for a red Iiqht siqnal violation in accordance with normal statutory traffic enforcement techniques. Sec. 12-81 Use Of ImaQe Capture TechnoloQies. The City shall utilize imaqe capture technoloqies as a supplemental means of monitorinq compliance with the State laws related to traffic control siqnals. while assistinq law enforcement personnel in the enforcement of such laws, which are desiqned to protect and improve public health, safety and welfare. This Section shall not supersede, infrinqe. curtail or impinqe upon State laws related to red Iiqht siqnal violations or conflict with such laws. The City shall utilize imaqe capture technoloqies as an ancillary deterrent to traffic control and traffic siqnal violations and to thereby reduce accidents and iniuries associated with such violations. Notices of infractions issued pursuant to this Article shall be addressed usinq the City's code enforcement process and not uniform traffic citations or County Courts. Sec. 12-82 Definitions. For purposes of this Article, the followinq words and phrases shall have the followinq ascribed meaninq: (a). Intersection means the area embraced within the prolonqation or connection of the lateral curb line; or, if none. then the lateral boundary lines, of the roadways of two roads which ioin or intersect one another at. or approximatelv at. riqht anqles; or the area within which vehicles travelinq upon different roads ioininq at any other anqle may come in conflict. (b). Motor vehicle means the meaninq set forth in the definition in Section 316.003 (21), Florida Statutes. or its successor provision. City of Winter Springs Ordinance No. 2008-27 3 (c). Notice of Infraction means a citation issued for a red zone infraction. (d)' Owner means the person or entity identified bv the Florida Department of HiQhwav Safety and Motor Vehicles. or other State vehicle reQistration office, as the reQistered owner of a vehicle. Such term shall also mean a lessee of a motor vehicle pursuant to a lease of six (6) months or more. (e). Recorded Imaaes means imaQes recorded bv a traffic control siQnal monitorinQ system/device: .1. On: Two (2) or more photoQraphs, or Two (2) or more electronic imaQes: or Two (2) or more diQital imaQes, or DiQital or video movies: or Anv other medium that can displav a violation: and ~ ShowinQ the rear of a motor vehicle and on at least one (1) imaqe, c1earlv identifvinQ the license plate number of the vehicle. (fl. Red Zone Infraction means a traffic offense whereby a traffic control siQnal monitorinQ system established that a motor vehicle entered an intersection controlled bv a dulv erected traffic control device at a time when the traffic control siQnal for such motor vehicle's direction of travel was emittinQ a steady red siQnal. (Q). Traffic Control Sianal means a device exhibitinQ different colored IiQhts or colored liQhted arrows, successivelv, one at a time, or in combination, usinQ onlv the colors Qreen, vellow, and red which indicate and applv to drivers of motor vehicles as provided in Section 316.075, Florida Statutes. (h). Traffic Control Sianal Monitorina System/Device means an electronic system consistinQ of one or more vehicle sensors, workinQ in coniunction with a traffic control siQnal. still cameras and video recordinq device, to capture and produce recorded imaQes of motor vehicles enterinQ an intersection aQainst a steady red liQht siQnal indication. Sec. 12-83 Adherence To Red Liqht Traffic Control SiQnals. A motor vehicle traffic facinq a traffic control siQnal's steady red IiQht indication shall stop before enterinQ the crosswalk on the near side of an intersection or, if none. then before enterinQ the intersection and shall remain standinq until a Qreen indication is shown on the traffic control siQnal: provided, however, the driver of a motor vehicle which is stopped at a c1earlv marked stop line, or if none, at the point nearest the intersectinQ roadway where the driver has a view of approachinQ traffic on the intersection roadway before enterinq the intersection in obedience of a steady red traffic control siqnal. may make a riQht turn (unless such turn is otherwise prohibited bv posted siQn or other traffic City of Winter Springs Ordinance No. 2008-27 4 control device). but shall vield riaht-of-wav to pedestrians and other traffic proceedina as directed bv the traffic control sianal at the intersection. Sec. 12-84. Violation. A violation of this Ordinance (Red Zone Infraction) shall occur when a vehicle does not complv with the reauirements of Section 12-83. Violations shall be enforced pursuant to Section 12-86. Sec. 12-85. Notice: Introductory Period. Until such time the City Commission adopts a resolution advisina the City Manaaer to commence enforcement of this Article subseauent to the installation of the traffic control sianal monitorina svstem(s)/device(s). the owner shall receive a courtesy notice of the violation. unless the driver of a motor vehicle received a citation from a law enforcement officer at the time of a red zone infraction in accordance with normal traffic enforcement techniaues. Commencina on the date set forth in the resolution. the City Manaaer shall commence enforcement of this Article and owners shall be subiect to enforcement as provided in Section 12-86. Sec. 12-86. Review Of Recorded ImaQes. (a). The owner observed bv recorded imaaes committina a red zone infraction, shall be issued a notice of infraction. The recorded imaae shall be sufficient arounds to issue a notice of infraction. (b). The City shall desianate a person or persons. who shall meet the aualifications set forth in Section 316.640(5)(a), F/orida Statutes. or any other relevant statute. as a traffic control infraction review officer. The traffic control infraction review officer shall review recorded imaaes prior to the issuance of a notice of infraction to ensure accuracy and the intearitv of the recorded imaaes. The traffic control infraction officer shall also verify that the traffic control monitorina system/devices that captured the recorded imaQes was functioninq properlv at the time the recorded imaqes were captured. Once the traffic control infraction review officer has verified the accuracy of the recorded imaqes and functionality of the traffic control monitorinq system/devices, he or she shall complete a report, and a notice of violation/infraction shall be sent to the owner at the address on record with the Florida Department of Hiahwav Safety and Motor Vehicles. Sec. 12-87. Notice Of Violation/Infraction. (a). The notice of violation/infraction shall include at a minimum. (1). The name and address of the owner: (2). The license plate number and reqistration number of the motor vehicle: City of Winter Springs Ordinance No. 2008-27 5 (3). The make. model. and year of the motor vehicle: (4). Notice that the yiolation charaed is pursuant to this Ordinance: (5). The location of the intersection where the violation occurred: (6). The date and time of the red zone infraction: (7). Notice that the recorded imaaes relatina to the vehicle and a statement that the recorded imaaes are evidence of a red zone infraction: (8). The ciyil penalty imposed: (9). Imaaes depictina violation: (10). The procedures for payment of the civil penalty and contestina the notice of infraction: (11). A sianed statement by the traffic control infraction officer that. based on inspection of recorded imaaes. the vehicle was involved in a red zone infraction: (12). Information advisina the person alleaed to be liable under this Section. the manner and time in which liability as alleaed in the notice of infraction may be appealed and warnina that failure to pay the ciyil penalty or to contest liability in a timely manner is an admission of liability. (b). The City Manaaer shall have authority to promulaate the form described herein. Sec. 12-88 Owner Responsibilities. (a). An owner receivina a notice of infraction may. within twenty-one (21) days of the date of the date of the notice of infraction: (1). Pay the assessed civil penalty pursuant to instructions on the notice of infraction: or (2). Reauest an appeal pursuant to Section 12-89. (b). The failure to comply with the provisions of this Section within twenty-one (21) days from the date of the notice of infraction shall constitute a waiver of the riaht to contest the notice of infraction and will be considered an admission of liability. City of Winter Springs Ordinance No. 2008-27 6 Sec. 12 -89 Appeal To HearinQ Officer. (at The City's hearinq officer shall consider appeals under this within twenty one (21) days of the date of the notice of infraction. the owner may file an appeal with the City pursuant to the directions in the notice of infraction. A hearinq on the appeal shall be scheduled for all appeals. (bt Upon receipt of the appeal. the City shall schedule a hearinq before the hearinq officer to occur not later than sixty (60) days after City's receipt of the appeal request. A notice of hearinq shall be provided to the owner no less than ten (10) days prior to the hearinq, and shall be delivered via certified U.S. mail to the same address to which the notice of infraction was sent. (c). The followinq shall be permissible qrounds for an appeal: (1). At the time of the infraction. the vehicle was not under the care, custody. or control of the owner or an individual with owner's consent. established pursuant to affidavit as provided in Section 11. (2). The motor vehicle driver was issued a citation by a law enforcement officer. which was separate and distinct from the citation issued under this Section. for violatinq the steady red traffic control siqnal: (3). The motor vehicle driver was required to violate the steady red traffic control siqnal in order to comply with other qoverninq laws: (4). The motor vehicle driver was required to violate the steady red traffic control siqnal in order to reasonably protect the property or person of another: (5). The steady red traffic control siqnal was inoperable or malfunctioninq; or (6). Any other reason the hearinq officer deems appropriate. (d). The traffic control infraction review officer shall testify at the appeal. The owner, or his or her representative. may also present testimony and evidence. (e). Recorded imaqes indicatinq a red zone infraction, verified by the traffic control infraction review officer. are admissible in any proceedinq before the hearinq officer to enforce the provisions of this Ordinance. and shall constitute prima facie evidence of the violation. City of Winter Springs Ordinance No. 2008-27 7 (f). Unless an affidavit is provided pursuant to Section 12-90. it is presumed the person reqistered as the owner with the Florida Department of Hiqhwav Safety and Motor Vehicles or any other State vehicle reqistration office. or an individual havinq the owner's consent. was operatinq the vehicle at the time of a red zone infraction. Sec. 12-90. Owner Affidavit Of Non-Responsibilitv. (a). In order for the owner to establish that the motor vehicle was. at the time of the red zone infraction. in the care. custody. or control of another person without the consent of the owner. the owner is required to complete an affidavit settinq forth the circumstances demonstratinq that the motor vehicle was not in the owner's care. custody or control. or that of a person with owner's consent. The affidavit must be executed in the presence of a notary. and include at a minimum: (1). If known to the owner. the name. address. and the driver license number of the person who leased. rented or otherwise had care. custody. or control of the motor vehicle at the time of the alleqed red zone infraction: or (2). If the motor vehicle was stolen. the police report indicatinq the motor vehicle was stolen at the time of the alleqed red zone infraction. (3). The followinq lanquaqe immediatelv above the siqnature line: "Under penalties of periury. I declare that I have read the foreqoinq affidavit and that the facts stated in it are true." (b). The owner may present an affidavit pursuant to this Section. as a defense in any proceedinq before the hearinq officer. Sec. 12-91 Penalties. (a). A violation of this Article shall be deemed a non-criminal. non-movinq violation for which a civil penaltv in the amount of $125.00 shall be assessed. (b). As the violation relates to this Article and not the Florida Statutes. no points. as provided in Section 322.27. Florida Statutes. shall be recorded on the drivinq record of the vehicle owner or responsible party. (c). Nothinq in this Article shall be construed as prohibitinq law enforcement from issuinq a citation for a red liqht siqnal violation in accordance with state law. Sec. 12-92 Administrative CharQes. In addition to the assessment pursuant to Section 12-91. administrative charqes in the amount of the City's actual costs shall be assessed in the event of an unsuccessful appeal or the necessity to institute collection City of Winter Springs Ordinance No. 2008-27 8 procedures. Sec. 12-93 Collection Of Fines. The City Manaqer may establish procedures and processes for the collection of any penalty or charqe imposed or assessed under the provisions of this Article and may enforce such penaltv bv civil action in the nature of debt. Sec. 12-94 Exceptions. (a). This Article shall not applv to red zone infractions involvinq motor vehicle collisions or to any authorized emerqencv vehicle respondinq to a bona fide emerqencv. (b). A notice of infraction may be issued in any case where the operator of the motor vehicle was issued a citation for violatinq State law reqardinq the failure to stop at a red liqht indication. Sec. 12-95 Additional LeQislative FindinQs. The City Commission of the City of Winter Sprinqs hereby finds that from time-to-time it is beneficial and desirable for various matters. arisinq from the provisions of the City's codes and ordinances. to be referred to hearinq officers to make findinQs of facts and conclusions of law: to hear administrative appeals: or to hear other matters of a similar nature. Sec. 12-96 Additional Definition. Hearina Officer means a person whom the City Commission authorizes to conduct appeals or other administrative hearinqs. Hearinq officers must be members of The Florida Bar in qood standinq and have adequate experience or knowledqe in the area of the matters over which they will preside and make recommendations. determinations. decisions. or findinqs of facts and conclusions of law. or any combination thereof. Hearinq officers shall be selected throuqh the request for proposal process in a manner authorized bv the City Attornev consistent with the City's purchasinq procedures. Sec. 12-97 Referrals To Hearinq Officers. (a). The City Commission may determine that matters will be referred to hearinq officers for a determination, a decision. a recommendation. or findinqs of facts and conclusions of law. or any combination thereof. bv providinq for same in the provisions of an ordinance enacted or a resolution adopted bv the City Commission. (b). The rules of procedure relatinq to a matter referred to a hearinq officer shall be set forth in the ordinance or resolution providinq for the involvement of hearinq officers: provided. however. that in the absence of such rules of procedure. hearinq officers shall conduct proceedinqs in accordance with the Uniform Rules of Procedure set forth in the Florida Administrative Code. City of Winter Springs Ordinance No. 2008-27 9 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. immediately upon adoption by the City Florida, and pursuant to City Charter. This Ordinance shall become effective Commission of the City of Winter Springs, ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of October, 2008. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGAN ESE, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2008-27 10