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Home My WebLink About2009 10 20 Public Hearings 502.1 WS-1, WSRL-2, WSRL-3, WSRL-4, WSRL-5, WSRL-6, WSRL-7 Date: October 20, 2009 The following presentation was shown to the Code Enforcement Board during Public Hearing 502.1 by Captain Glenn Tolleson on October 20, 2009: Evidence: WS -1 Code Enforcement Bureau POL -ICS City of Winter Springs Code Enforcement Board Case Number 1220900004154 Mark T. Roberta Jo Bibeau 1415 Montana Ave., St. Cloud, FL. 34769 Section 12 -83 Adherence to Red Light Traffic Control Signal Hearing Request by Respondent August 11, 2009 Captain Tolleson Code Enforcement Bureau LICE Section 12 -83 Adherence to Red Light Traffic Control Signal 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, than before entering the intersection and shall remain standing until a green indication is shown on the traffic control; 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 control device), but shall yield right -of -way to pedestrians and other traffic proceeding as directed by the traffic control signal at the intersection. Code Enforcement Bureau LICE Section 12 -89 Appeal To Code Enforcement Board (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 sigal 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 persons of another; 5. The steady red traffic control signal was inoperable or malfunctioning; or 6. Any other reason the code enforcement board deems appropriate. Code Enforcement Bureau LICE On July 10, 2009 at 4:52 PM, at the intersection of the East Bound lane 3 SR 434 and Winding Hollow Blvd., a white Ford, Florida Registration 162 8QG passed through the intersection on a steady red light, captured by video recording traffic control equipment and was in violation of Section 12 -83. On July 17, 2009, the violations recorded images were reviewed by Captain Christopher Deisler, a sworn Police Officer with the City of Winter Springs and found that probably cause did exist to issue a notice of infraction. That infraction was issued on July 20, 2009 to the registered owner Mark T Roberta Jo Bibeau. On August 11, 2009 American Traffic Solutions received Mr. Bibeau's request to contest the infraction and a hearing to the Code Enforcement Board as prescribed in Section 12 -89 of the City Code. Additionally, the system requires and schedules an administrative review of all evidence and the infraction which was set for August 27, 2009. On August 27, 2009 the administrative review was conducted by Captain Glenn Tolleson of all the evidence and recorded images and upon re- review probably cause did exist and hearing set for October 20, 2009. T 4�y W c E 3 z m E 0 n:. T• c a IIM FeOATI Jr* b gHOM S OD taq krt an rnw, Ili 1 BuSm f�eatlA�. fumy als a fegUAdi 16f a fleafF Ibgiwdk➢ ihls N'# or Iftdion wd In i C d v alkJ reg I unpel'galfu I I nM,era d10- hBelA-Ua A�+s915. s 61� uhd d mAt mwe GA ra�Birap t H drle f]opA o-f Ihls roller h69nrg Plggpty orlC p�Irt M1hma U6ti9 P or 4fa2 JHdL 1A8t I41 A 1 0$notllF5d of r l Gmr Am 1 4Calbn of qFK s 8137 jgs r prhl warns: SchedUIed KnTin� AUG l 1DO9 1 11.7- F L CL uj 8 LL d D LL L uJ w m Z 0 uj (A •C uj a LL to {l5 {j J W d 0 CD CL 1� O N c E 3 z m E 0 n:. T• c a IIM FeOATI Jr* b gHOM S OD taq krt an rnw, Ili 1 BuSm f�eatlA�. fumy als a fegUAdi 16f a fleafF Ibgiwdk➢ ihls N'# or Iftdion wd In i C d v alkJ reg I unpel'galfu I I nM,era d10- hBelA-Ua A�+s915. s 61� uhd d mAt mwe GA ra�Birap t H drle f]opA o-f Ihls roller h69nrg Plggpty orlC p�Irt M1hma U6ti9 P or 4fa2 JHdL 1A8t I41 A 1 0$notllF5d of r l Gmr Am 1 4Calbn of qFK s 8137 jgs r prhl warns: SchedUIed KnTin� AUG l 1DO9 1 11.7- F City of Wiinter Spri ngs Red Light Camera Enforcement 1126 E. State Road, #434 Winter Springs. FL 32708 -2715 DATE: 0812712049 PLATE: FL 1628QG MARK T AND ROBERTA JO BIBEAU 1415 MONTANA AVE SAINT CLOUD, FL 34769L4175 Notice of Infraction 1220900004154 PIN 0122 The hearing date before the Winter Springs Cade Enforcement Board for the above mentioned violation has been scheduled for 10120!2009 at 7:00 PM Winter Springs Code Enforcement Board 1126 E. State Road, #434 Winter Springs, Florida 32708 -2715 If you choose not to appear, you waive the right to contest or appeal this infraction and must pay the civil penalty on or before the day of your scheduled hearing. A person who is found guilty after a hearing, or who requests a hearing and thereafter fails to appear at the time and place of the hearing, is liable for the civil penalty plus administrative hearing casts in the amount of Twenty Five Dollars ($25.00). If the basis of your contest is one of the affirmative defenses outlined in the City of 'Hinter Springs Ordinance 2008 -27, it has been determined that the evidence you provided is inconclusive. You may bring additional evidence to your Hearing and itwill be examined bythe Hearing Officer. If you have any questions, please contact Customer Service at 1 -866 -790 -4111, between the hours of 8:0QAM and S:OO�M EST. CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road Winter Springs, FL 32708 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1 220 9000041 54 WSRL State Exhibit: 2 :vPS 09128/2009 9:05AM Page 2 of 5 DATE TIME SPEED PHASE 07/14/2009 04:52:22.1 PM 038 R WS01 -EB SR 434 WINDING HOLLOW BLVD j ti t C 1 0 I RTIME LANE FRAME 000.2 3 A oi ni 9, %c q A, h� w CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road Winter Springs, FL 32708 Violation Evidence Report Complaint Number: Docket Number. Document Number: 122D900004154 State Exhibit: WSRL 3 auca&s:y" 09/28/2009 9 :05AM Page 3 of 5 DATE TIME SPEED PHASE RTIME 07/10/2009 04:52:23.0 PM 038 R 001.1 WS01 -EB SR -434 WINDING HOLLOW BLVD LANE FRAME 3 B r dO- CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road Winter Springs, FL 32708 Violation Evidence Report m Complaint Number: Docket Number: Document Number: 1220?G0X41 �4 State Exhibit WSRL 4 wCMIAM VF-S 09/28/2009 9:05AM Page 4 of 5 PHOTO OF LICENSE PLATE Video Recording of Violation YJ w ,7 t /lei OW, F 323 Feet from sign to Stop bar 06/25/2009 DanLlment 1220900004154 Location: E BR -434 0 WINDING HOLLOW BLVD Event Date f Time Status Deployment Start 711 Qf2009 12:00:04AM Violation 7F1012009 4:52:23PM Deployrnerk End 7114f2009 11:59 :59PM signs were Posted Operational T -ests Passed Operational Tests Passed WSRL State Exhibit 5 A a :tiros 11912812009 9:05AM Page I of CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road Winter Springs, FL 32748 VWation Evidence Report Complaint Number: Docket Number Document Number: 1220900044154 Document Infcrmation: Document Type: VIOLATION DATA REPORT Version v 1.4 Issue Date: 712412009 0:01:18AM Appearance Date: 811412009 0:01:18AM Photo RadaF Van Operator: Violation Information: Violation Date ITime: 711412009 4:52 23PM Violation Location: EB SR -434 g WINDING HOLLOW BLVD 'HINTER SPRINGS, FL Plate No.1 State: IB28QG FL Make 1 Made I) Year:: FORD) 20D3 Registered Owner: MARK T AND ROBERTAJC RIBEAU Name 1 Address 1415 MONTANA, AVE SAINT CLOUD, FL 34769 -4175 Driver: Name 1 Add Fess WSRL State Exhibit 6 :vPS 0912812009 9:05AM Page 1 of 5 CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road Winter Springs. FL 32748 VWation Evidence Report Complaint Number: DOCket Number Document Number: 1220900004154 NOTES Note Added By Added Date Hearing Scheduled ON: 1012012409 AT 07:00 PM Hearing Deleted: SET FOR CODE BOARD RECEIVED A SIGNED HEARING COUPON Review Scheduled ON: 0812712049 AT 49:00 AM Review Request made FOR DOCUMENT that already has A review scheduled_ GTOLLESON 0812712009 07:27:27 AM GTOLLESON a812712009 07:28:43 AM LGAMBLE 0611712009 04:45:58 PM SYSTEM 0611112009 04:41:33 PM SYSTEM 0811 V2009 04:41.33 PM WSRL State Exhibit ��,�PS 0912812009 9:05AM Page 5 of 5 Date: October 20, 2009 The following documents were distributed by Captain Glenn Tolleson during Public Hearings New Cases Agenda Number 502.1 at the Code Enforcement Board Meeting on October 20, 2009: Evidence Exhibits: WSRL 2 WSRL 3 WSRL -4 WSRL 5 WSRL 6 WSRL 7 CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road Winter Springs, FL 32708 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1220900004154 LATE TIME SPEED PHASE RTIME LANE FRAME C7/10/2009 04:52:22.1 PM 038 R 000.2 3 A WS01 -EB SR -434 WINDING HOLLOW BLVD oo s State Exhibit *sagis 09/28/2009 9 :05AM Page 2 of 5 CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road Winter Springs, FL 32708 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1220900004154 DATE TIME SPEED PHASE RTIDE LANE FRANC 07/10/2C09 04:52:23.0 PM 038 R 001.1 3 B WS01 -EB SR -434 WINDING HOLLOW BLVD eee OM I a I State Exhibit: 3 'Wings 09/28/2009 9:05AM Page 3 of 5 CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road Winter Springs, FL 32708 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1220900004154 I 1I $l State Exhibit Asczis VPs- 09/28/2009 9 :05AM Page 4 of 5 CITY OF WINTER SPRINGS (5 RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road Winter Springs, FL 32708 Camera Log Report Document 1220900004154 Location: EB SR-434 WINDING HOLLOW BLVD Event Date Time Status Deployment Start 7/10/2009 12:00:00AM Operational Tests Passed Violation 7/10/2009 4:52:23PM Deployment End 7/10/2009 11:59:59PM Operational Tests Passed Cgl Signs were Posted w S iVL State Exhibit S� „!!s$" 09/28/2009 9:05AM Page 1 of CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road Winter Springs, FL 32708 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1220900004154 Document Information: Violation Information: Document Type: VIOLATION DATA REPORT Violation Date Time: 7/10/2009 4:52:23PM Version: v 1.0 Violation Location: EB SR-434 WINDING HOLLOW BLVD WINTER SPRINGS, FL Issue Date: 7/20/2009 8:01:18AM Plate No./ State: 1628QG FL Appearance Date: 8/10/2009 8:01:18AM Make Model Year:: FORD 2003 Registered Owner: MARK T AND ROBERTA JO BIBEAU Name Address 1415 MONTANA AVE SAINT CLOUD, FL 34769 -4175 Driver: Name Address Photo Radar Van Operator: wslU- State Exhibit: (o w!"cs_svPS 09/28/2009 9:05AM Page 1 of 5 CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road Winter Springs, FL 32708 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1220900004154 NOTES Note Added By Added Date Hearing Scheduled ON: 10/20/2009 AT 07:00 PM GTOLLESON 08/27/2009 07:27:27 AM Hearing Deleted:SET FOR CODE BOARD GTOLLESON 08/27/2009 07:26:43 AM RECEIVED A SIGNED HEARING COUPON LGAMBLE 08/17/2009 04:45:58 PM Review Scheduled ON: 08/27/2009 AT 09:00 AM SYSTEM 08/11/2009 04:41:33 PM Review Request made FOR DOCUMENT that already has A review scheduled. SYSTEM 08/11/2009 04:41:33 PM w State Exhibit: '7 +✓aA1 4011111MisvP3 09/28/2009 9:05AM Page 5 of 5