HomeMy WebLinkAbout2008 10 27 Public Hearings 506 Second Reading Ordinance 2008-27 Red Light InfractionsCOMMISSION AGENDA
Consent
ITEM 506 Informational
Public Hearing I x
Regular
October 27, 2008
e
Mgr. / Att. - / Dept.
REQUEST:
The City Attorney requests that the City Commission adopt Ordinance No. 2008-27, Red Light
Infractions, on Second 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 05-41. 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 adopt
Ordinance 2008-27 on Second Reading.
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.
On October 14, 2008, the City Commission approved Ordinance 2008-27 on First Reading.
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, Florida Statutes, grants municipalities, with respect
City of Winter Springs
Ordinance No. 2008-27
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 s#dkeeut 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 Light Code Enforcement Infraction.
Sec. 12-80 Legislative Findings And Intent/Purpose.
(a). The recitals (whereas clauses) set forth in Ordinance 2008-27 are
hereby adopted and fully incorporated herein, as the legislative findings of the City
Commission of the City of Winter Springs.
(b). The purpose of this Article is to authorize the use of an unmanned
cameras/monitoring system to promote compliance with red light signal directives as set
forth in this Article and to adopt a civil enforcement system for red light signal
violations. This Article will supplement law enforcement personnel in the enforcement
of red light signal violations and shall not prohibit law enforcement officers from issuing
a citation for a red light signal violation in accordance with normal statutory traffic
enforcement techniques.
Sec. 12-81 Use Of Image Capture Technologies. The City shall utilize image
capture technologies as a supplemental means of monitoring compliance with the State
laws related to traffic control signals while assisting law enforcement personnel in the
enforcement of such laws which are designed to protect and improve public health,
safety and welfare. This Section shall not supersede, infringe, curtail or impinge upon
State laws related to red light signal violations or conflict with such laws. The City shall
utilize image capture technologies as an ancillary deterrent to traffic control and traffic
signal violations and to thereby reduce accidents and injuries associated with such
violations. Notices of infractions issued pursuant to this Article shall be addressed using
the City's code enforcement process and not uniform traffic citations or County Courts.
Sec. 12-82 Definitions. For purposes of this Article, the following words and
phrases shall have the following ascribed meaning:
(a). Intersection means the area embraced within the prolongation 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 approximately at, right
angles, or the area within which vehicles traveling upon different roads ioining at any
other angle may come in conflict.
(b). Motor vehicle means the meaning set forth in the definition in Section
316.003 (21), Florida Statutes, or its successor provision.
City of Winter Springs
Ordinance No. 2008-27
(c). Notice of Infraction means a citation issued for a red zone infraction.
(d) Owner means the person or entity identified by the Florida Department of
Highway Safety and Motor Vehicles or other State vehicle registration office, as the
registered 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 Images means images recorded by a traffic control signal
monitoring system/device:
1. On:
Two (2) or more photographs, or
Two (2) or more electronic images; or
Two (2) or more digital images, or
Digital or video movies; or
Any other medium that can display a violation; and
2. Showing the rear of a motor vehicle and on at least one (1) image,
clearly identifying the license plate number of the vehicle.
(f). Red Zone Infraction means a traffic offense whereby a traffic control signal
monitoring system established that a motor vehicle entered an intersection controlled by
a duly erected traffic control device at a time when the traffic control signal for such
motor vehicle's direction of travel was emitting a steady red signal.
(g). Traffic Control Signal means a device exhibiting different colored lights or
colored lighted arrows successively one at a time, or in combination, using only the
colors green yellow, and red which indicate and apply to drivers of motor vehicles as
provided in Section 316.075, Florida Statutes.
(h). Traffic Control Signal Monitoring System/Device means an electronic
system consisting of one or more vehicle sensors, working in coniunction with a traffic
control signal still cameras and video recording device, to capture and produce
recorded images of motor vehicles entering an intersection against a steady red light
signal indication.
Sec. 12-83 Adherence To Red Light Traffic Control Signals. A motor
vehicle traffic facing a traffic control signal's steady red light indication shall stop before
entering the crosswalk on the near side of an intersection or, if none, then before
entering the intersection and shall remain standing until a green indication is shown on
the traffic control signal; provided however, the driver of a motor vehicle which is
stopped at a clearly marked stop line or if none, at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on the intersection roadway
before entering the intersection in obedience of a steady red traffic control signal, may
make a right turn (unless such turn is otherwise prohibited by posted sign or other traffic
City of Winter Springs
Ordinance No. 2008-27
control device) but shall Yield right-of-way to pedestrians and other traffic proceeding as
directed by the traffic control signal at the intersection.
Sec 12-84 Violation A violation of this Ordinance (Red Zone Infraction)
shall occur when a vehicle does not comply with the requirements 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 advising the City Manager to commence enforcement
of this Article subsequent to the installation of the traffic control signal monitoring
system(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 techniques.
Commencing on the date set forth in the resolution the City Manager 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 Images.
(a) The owner observed by recorded images committing a red zone infraction,
shall be issued a notice of infraction The recorded image shall be sufficient grounds to
issue a notice of infraction.
(b) The City shall designate a person or persons who shall meet the
qualifications set forth in Section 316 640(55)(a)Florida Statutes or any other relevant
statute as a traffic control infraction review officer. The traffic control infraction review
officer shall review recorded images prior to the issuance of a notice of infraction to
ensure accuracy and the integrity of the recorded images. The traffic control infraction
officer shall also verify that the traffic control monitoring system/devices that captured
the recorded images was functioning properly at the time the recorded images were
captured Once the traffic control infraction review officer has verified the accuracy of
the recorded images and functionality of the traffic control monitoring 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 Highway 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 registration number of the motor
vehicle;
City of Winter Springs
Ordinance No. 2008-27
(3). The make model and year of the motor vehicle;
(4) Notice that the violation charged 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 images relating to the vehicle and a
statement that the recorded images are evidence of a red zone
infraction;
(8). The civil penalty imposed;
(9). Images depicting violation;
(10) The procedures for payment of the civil penalty and contesting the
notice of infraction;
(11) A signed statement by the traffic control infraction officer that,
based on inspection of recorded images the vehicle was involved
in a red zone infraction;
(12). Information advising the person alleged to be liable under this
Section the manner and time in which liability as alleged in the
notice of infraction may be appealed and warning that failure to pay
the civil penalty or to contest liability in a timely manner is an
admission of liability.
(b) The City Manager shall have authority to promulgate the form described
herein.
Sec. 12-88 Owner Responsibilities.
(a) An owner receiving 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). Request 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 right to
contest the notice of infraction and will be considered an admission of liability.
City of Winter Springs
Ordinance No. 2008-27
Sec. 12 -89 Appeal To Hearing Officer.
(a). The City's hearing 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 hearing on the appeal
shall be scheduled for all appeals.
(b). Upon receipt of the appeal, the City shall schedule a hearing before the
hearing officer to occur not later than sixty (60) days after City's receipt of the appeal
request. A notice of hearing shall be provided to the owner no less than ten (10) days
prior to the hearing, and shall be delivered via certified U.S. mail to the same address to
which the notice of infraction was sent.
(c). The following shall be permissible grounds 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 violating the steady red traffic
control signal;
(3). The motor vehicle driver was required to violate the steady red
traffic control signal in order to comply with other governing laws;
(4). The motor vehicle driver was required to violate the steady red
traffic control signal in order to reasonably protect the property or
person of another;
(5). The steady red traffic control signal was inoperable or
malfunctioning; or
(6). Any other reason the hearing 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 images indicating a red zone infraction, verified by the traffic
control infraction review officer, are admissible in any proceeding before the hearing
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
(f). Unless an affidavit is provided pursuant to Section 12-90, it is presumed
the person registered as the owner with the Florida Department of Highway Safety and
Motor Vehicles or any other State vehicle registration office, or an individual having the
owner's consent, was operating the vehicle at the time of a red zone infraction.
Sec. 12-90. Owner Affidavit Of Non-Responsibility.
(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 setting forth the
circumstances demonstrating 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 alleged
red zone infraction; or
(2). If the motor vehicle was stolen, the police report indicating the
motor vehicle was stolen at the time of the alleged red zone
infraction.
(3). The following language immediately above the signature line:
"Under penalties of perjury, I declare that I have read the foregoing
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 proceeding before the hearing officer.
Sec. 12-91 Penalties.
(a). A violation of this Article shall be deemed a non-criminal, non-moving
violation for which a civil penalty 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 driving
record of the vehicle owner or responsible party.
(c). Nothing in this Article shall be construed as prohibiting law enforcement
from issuing a citation for a red light signal violation in accordance with state law.
Sec. 12-92 Administrative Charges. In addition to the assessment pursuant
to Section 12-91, administrative charges 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
procedures.
Sec. 12-93 Collection Of Fines. The City Manager may establish procedures
and processes for the collection of anv penalty or charge imposed or assessed under
the provisions of this Article and may enforce such penalty by civil action in the nature of
debt.
Sec. 12-94 Exceptions.
(a). This Article shall not apply to red zone infractions involving motor vehicle
collisions or to any authorized emergency vehicle responding to a bona fide emergency.
(b). A notice of infraction may be issued in any case where the operator of the
motor vehicle was issued a citation for violating State law regarding the failure to stop at
a red light indication.
Sec. 12-95 Additional Legislative Findings. The City Commission of the City
of Winter Springs hereby finds that from time-to-time-it is beneficial and desirable for
various matters, arising from the provisions of the City's codes and ordinances, to be
referred to hearing officers to make findings of facts and conclusions of law; to hear
administrative appeals; or to hear other matters of a similar nature.
Sec. 12-96 Additional Definition. Hearin_p Officer means a person whom
the City Commission authorizes to conduct appeals or other administrative hearings.
Hearing officers must be members of The Florida Bar in good standing and have
adequate experience or knowledge in the area of the matters over which they will
preside and make recommendations, determinations, decisions, or findings of facts and
conclusions of law, or any combination thereof. Hearing officers shall be selected
through the request for proposal process in a manner authorized by the City Attorney
consistent with the City's purchasing procedures.
Sec. 12-97 Referrals To Hearing Officers.
(a). The City Commission may determine that matters will be referred to hearing
officers for a determination, a decision, a recommendation, or findings of facts and
conclusions of law, or any combination thereof, by providing for same in the provisions
of an ordinance enacted or a resolution adopted by the City Commission.
b). The rules of procedure relatina to a matter referred to a hearina officer shall
be set forth in the ordinance or resolution providing for the involvement of hearing
officers; provided, however, that in the absence of such rules of procedure, hearing
officers shall conduct proceedinas in accordance with the Uniform Rules of Procedure
set forth in the Florida Administrative Code.
City of Winter Springs
Ordinance No. 2008-27
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. This Ordinance shall become effective
immediately upon adoption by the City Commission of the City of Winter Springs,
Florida, and pursuant to City Charter.
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. GARGANESE, City Attorney
First Reading:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2008-27
10
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 [CODE
ENFORCEMENT BOARD] 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
City of Winter Springs
Ordinance No. 2008-27
WHEREAS, Section 316.008, Florida Statutes, grants municipalities, with respect
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.
City of Winter Springs
Ordinance No. 2008-27
2
Section 2. Code Amendment. The City of Winter Springs Code, Chapter
12, Motor Vehicles and Traffic, is hereby amended as follows: (underlined type
indicates additions and sff+keeet 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 Light Code Enforcement Infraction.
Sec. 12-80 Legislative Findings And IntentlPuraose.
(a). The recitals (whereas clauses) set forth in Ordinance 2008-27 are
hereby adopted, and fully incorporated herein, as the legislative findings of the City
Commission of the City of Winter Springs.
(b). The purpose of this Article is to authorize the use of an unmanned
cameras/monitoring system to promote compliance with red light signal directives as set
forth in this Article, and to adopt a civil enforcement system for red light signal
violations. This Article will supplement law enforcement personnel in the enforcement
of red light signal violations and shall not prohibit law enforcement officers from issuing
a citation for a red light signal violation in accordance with normal statutory traffic
enforcement techniques.
Sec. 12-81 Use Of Image Capture Technologies. The City shall utilize image
capture technologies as a supplemental means of monitoring compliance with the State
laws related to traffic control signals, while assisting law enforcement personnel in the
enforcement of such laws, which are designed to protect and improve public health,
safety and welfare. This Section shall not supersede, infringe, curtail or impinge upon
State laws related to red light signal violations or conflict with such laws. The Citv shall
utilize image capture technologies as an ancillary deterrent to traffic control and traffic
signal violations and to thereby reduce accidents and injuries associated with such
violations. Notices of infractions issued pursuant to this Article shall be addressed using
the City's code enforcement process and not uniform traffic citations or County Courts.
Sec. 12-82 Definitions. For purposes of this Article, the following words and
phrases shall have the following ascribed meaning
(a). Intersection means the area embraced within the prolongation or
connection of the lateral curb line; or, if none, then the lateral boundary lines, of the
roadways of two roads which join or intersect one another at, or approximately at, right
angles; or the area within which vehicles traveling upon different roads joining at any
other angle may come in conflict.
(b). Motor vehicle means the meaning set forth in the definition in Section
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Ordinance No. 2008-27
3._1_.6..003. (21), Florida Statutes, or its successor provision.
(c). Notice of Infraction means a citation issued for a red zone infraction.
(d). Owner means the person or entity identified by the Florida Department of
Highway Safety and Motor Vehicles, or other State vehicle registration office, as the
registered 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 Images means images recorded by a traffic control signal
monitoring system/device:
On:
Two (2) or more photographs, or
Two (2) or more electronic images; or
Two (2) or more digital images, or
Digital or video movies; or
Any other medium that can display a violation; and
2. Showing the rear of a motor vehicle and on at least one (1) image,
clearly identifying the license plate number of the vehicle.
~f . Red Zone Infraction means a traffic offense whereby a traffic control signal
monitoring system established that a motor vehicle entered an intersection controlled by
a duly erected traffic control device at a time when the traffic control signal for such
motor vehicle's direction of travel was emitting a steadv red signal.
(g). Traffic Control Signal means a device exhibiting different colored lights or
colored lighted arrows, successively, one at a time, or in combination, usinrg only the
colors green, yellow, and red which indicate and apply to drivers of motor vehicles as
provided in Section 316.075, Florida Statutes.
(h). Traffic Control Signal Monitoring System/Device means an electronic
system consisting of one or more vehicle sensors, working in conjunction with a traffic
control signal, still cameras and video recording device, to capture and produce
recorded images of motor vehicles entering an intersection against a steady red light
signal indication.
Sec. 12-83 Adherence To Red Light Traffic Control Signals. A motor
vehicle traffic facing a traffic control signal's steadv red light indication shall stop before
entering the crosswalk on the near side of an intersection or, if none, then before
entering the intersection and shall remain standing until a preen indication is shown on
the traffic control signal; provided, however, the driver of a motor vehicle which is
stopped at a clearly marked stop line, or if none, at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on the intersection roadway
City of Winter Springs
Ordinance No. 2008-27
before entering the intersection in obedience of a steady red traffic control signal, may
make a right turn (unless such turn is otherwise prohibited by posted sign or other traffic
control device), but shall yield right-of-way to pedestrians and other traffic proceeding as
directed by the traffic control signal at the intersection.
Sec. 12-84. Violation. A violation of this Ordinance (Red Zone Infraction)
shall occur when a vehicle does not comply with the requirements 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 advising the City Manager to commence enforcement
of this Article subsequent to the installation of the traffic control signal monitoring
system(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 techniques.
Commencing on the date set forth in the resolution, the City Manager shall commence
enforcement of this Article and owners shall be subject to enforcement as provided in
Section 12-86.
Sec. 12-86. Review Of Recorded Images.
(a). The owner observed by recorded images committing a red zone infraction,
shall be issued a notice of infraction. The recorded image shall be sufficient grounds to
issue a notice of infraction.
(b). The City shall designate a person or persons, who shall meet the
qualifications set forth in Section 316.640(5)(a), Florida Statutes, or any other relevant
statute, as a traffic control infraction review officer. The traffic control infraction review
officer shall review recorded images prior to the issuance of a notice of infraction to
ensure accuracy and the integrity of the recorded images. The traffic control infraction
officer shall also verify that the traffic control monitoring system/devices that captured
the recorded images was functioning properly at the time the recorded images were
captured. Once the traffic control infraction review officer has verified the accuracy of
the recorded images and functionality of the traffic control monitoring 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 Highway 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 registration number of the motor
City of Winter Springs
Ordinance No. 2008-27
vehicle;
(3). The make, model, and year of the motor vehicle;
~4). Notice that the violation charged 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 images relating to the vehicle and a
statement that the recorded images are evidence of a red zone
infraction;
(8). The civil penalty imposed;
(9). Images depicting violation;
(10). The procedures for payment of the civil penalty and contesting the
notice of infraction;
f 11). A signed statement by the traffic control infraction officer that.
based on inspection of recorded images, the vehicle was involved
in a red zone infraction;
12). Information advising the person alleged to be liable under this
Section, the manner and time in which liability as alleged in the
notice of infraction may be appealed and warning that failure to pay
the civil penalty or to contest liability in a timely manner is an
admission of liability.
r'b). The City Manager shall have authority to promulgate the form described
herein.
Sec. 12-88 Owner Responsibilities.
L~. An owner receiving 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). Request an appeal pursuant to Section 12-89.
(b). The failure to comply with the provisions of this Section within twenty-one
City of Winter Springs
Ordinance No. 2008-27
(21) days from the date of the notice of infraction shall constitute a waiver of the right to
contest the notice of infraction and will be considered an admission of liability.
Sec. 12 -89 Appeal To Code Enforcement Board.
(a). The City's code enforcement board shall consider appeals under this
Article. 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
hearing on the appeal shall be scheduled for all appeals.
(b). Upon receipt of the appeal, the City shall schedule a hearing before the
code enforcement board to occur not later than sixty (60) days after City's receipt of the
appeal request. A notice of hearina shall be provided to the owner no less than ten (10~
days prior to the hearina, and shall be delivered via certified U.S. mail to the same
address to which the notice of infraction was sent.
(c). The following shall be permissible grounds 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 violating the steady red traffic
control signal;
(3). The motor vehicle driver was required to violate the steady red
traffic control signal in order to comply with other governing laws;
~4). The motor vehicle driver was required to violate the steady red
traffic control signal in order to reasonably protect the property or
person of another;
~5). The steady red traffic control signal was inoperable or
malfunctioning; or
(6). Any other reason the code enforcement board 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 images indicating a red zone infraction, verified by the traffic
control infraction review officer, are admissible in any proceeding before the code
enforcement board to enforce the provisions of this Article, and shall constitute prima
City of Winter Springs
Ordinance No. 2008-27
facie evidence of the violation.
(fl. Unless an affidavit is provided pursuant to Section 12-90 it is presumed
the person registered as the owner with the Florida Department of Highway Safety and
Motor Vehicles or any other State vehicle registration office, or an individual having the
owner's consent, was operating the vehicle at the time of a red zone infraction.
Sec. 12-90. Owner Affidavit Of Non-Responsibility.
(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 setting forth the
circumstances demonstrating 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 alleged
red zone infraction; or
(2). If the motor vehicle was stolen, the police report indicating the
motor vehicle was stolen at the time of the alleged red zone
infraction.
~3). The following language immediately above the signature line:
"Under penalties of perjury, I declare that I have read the foregoing
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 proceeding before the code enforcement board.
Sec. 12-91 Penalties.
(a). A violation of this Article shall be deemed anon-criminal, non-moving
violation for which a civil penalty 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 driving
record of the vehicle owner or responsible garter
(c). Nothing in this Article shall be construed as prohibiting law enforcement
from issuing a citation for a red light signal violation in accordance with state law.
Sec. 12-92 Administrative Charges. In addition to the assessment pursuant
City of Winter Springs
Ordinance No. 2008-27
to Section 12-91, administrative charges 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
procedures.
Sec. 12-93 Collection Of Fines. The City Manager may establish procedures
and processes for the collection of anv penalty or charge imposed or assessed under
the provisions of this Article and may enforce such penalty by civil action in the nature of
debt.
Sec. 12-94 Exceptions.
(a). This Article shall not apply to red zone infractions involving motor vehicle
collisions or to anv authorized emergencv vehicle responding to a bona fide emergencv.
(b). A notice of infraction may be issued in any case where the operator of the
motor vehicle was issued a citation for violating State law regarding the failure to stop at
a red light indication.
Sec. 12-95 Additional Legislative Findings. The Citv Commission of the Citv
of Winter Springs hereby finds that from time-to-time it is beneficial and desirable for
various matters, arising from the provisions of the City's codes and ordinances, to be
referred to the code enforcement board to make findings of facts and conclusions of
law; to hear administrative appeals; or to hear other matters of a similar nature.
Sec. 12-96 Referrals To Code Enforcement Board.
(a). The City Commission has determined that matters will be referred to the
code enforcement board for a determination, a decision, a recommendation, or findings
of facts and conclusions of law, or anv combination thereof.
(b). The rules of procedure relating to a matter referred to the code enforcement
board shall be set forth in written rules and procedures approved by the City
Commission.
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.
City of Winter Springs
Ordinance No. 2008-27
9
Section 5. Severability.lf 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. This Ordinance shall become effective
immediately upon adoption by the City Commission of the City of Winter Springs,
Florida, and pursuant to City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a
regular meeting assembled on the 27th day of October, 2008. '
'~„-,~
N F. BUSH, Maiyor
ATT T:
AND A LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading: October 14, 2008
Second Reading: October 27, 2008
Effective Date: October 27, 2008
City of Winter Springs
Ordinance No. 2008-27
10