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HomeMy WebLinkAbout2009 11 17 Public Hearings 502.1 WSRL-1, WSRL-2, WSRL-3, WSRL-4, WSRL-5, WSRL-6, WSRL-7 Date: November 17, 2009 The following presentation was shown to the Code Enforcement Board during Public Hearing 502.1 by Captain Glenn Tolleson on November 17, 2009: Evidence: WS -1 Code Enforcement Bureau OVICE V� J V J r�oRi� u v City of Winter Springs Code Enforcement Board Case Number 1220900005177 Barbara Harris or Lori Ann Tillotson 354 Mohawk Trail, Winter Springs 32078 Section 12 -83 Adherence to Red Light Traffic Control Signal Hearing Request by Respondent October 5, 2009 Captain Tolleson Code Enforcement Bureau OVICE V� J V J r�oRi� u v 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 OVICE V� J V J r�oRi� u v 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 OVICE V� J V J r�oRi� u v On August 18, 2009 at 12:35 PM, at the intersection of the East Bound lane 2 SR 434 and Winding Hollow Blvd., a white Toyota, Florida Registration U50 4WV 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 August 24, 2009, the violations recorded images were reviewed by Captain Glenn Tolleson, a sworn Police Officer with the City of Winter Springs and found that probable cause did exist to issue a notice of infraction. That infraction was issued on August 25, 2009 to the registered owners Barbara Harris or Lori Ann Tillotson. On September 18, 2009 American Traffic Solutions received Ms. Tillotson'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 October 5 2009. On October 5, 2009 the administrative review was conducted by Captain Glenn Tolleson of all the evidence and recorded images and upon re- review probable cause did exist and hearing set for November 17, 2009. CITY OF WINTER S PRIN GS RED LIGHT CAMERA ENFORCEMENT 1128 E. State Road Wirfter S prings F L 3270 B DECLARATIONIAFFID"IT Document Number: 1220900005177 Date Created: 3125, 11:48:51AM q) e Bs UM $p�N d Irk ird 3kv" M �mjV um 41W D.o Dak d h mice 4j w a a Mai I Am kll mull &mt� W�io V. I bNaNd NI I )HrN W qn am Fm we q VN or WHI irk --Lsft� MW km PAM 1 IA03rmm 6-42AM Page 1 of 4 City of Winter Springs Red Li -g ht Camera Enforcement 11126E. State Rf d, ft434 YdGnter Springs FL 3270E -2715 DATE: 1WD5120119 PLATE FL U5C4'NV BARBARA A HARRIS OR LGRI ANN TILLOTSON Bt4 M!OHA'4'1I4 TRL WINTER SPRINGS. f=L 32709 -5197 Notice of Infraction 4 1220900005177 PIN 4 4279 The hearing date befoine the Winter Springs Code Enforcement Board for the above mentioned wiofation has been scheduled for 1111712009 at 7. 00 PM Winter Springs Ccid3e Enforcement Board 1 129 E. State Road. U434 Winter Springs. Florida 32709-.2715 If you choose not to appear. you waive the right to contest or appeal this infrac ion aqd must pay the civil penalty on or before the day of your scheduled hearing. A person: who s fau9c gulAy after a hearing, or who requests a hearing and thereafter fails to appear at the time and place of the hearng. s iaole for the civil penalty plus administrative hearing casts in the amount of Twenty Five Dollars ($2.{]67. If the basis of your comes- s one of the affirmative defenses outlined in the City of VV mer Sptings Ordinance 24L% -27, it has been determined t -Fe ev'denoe you provided is incondusi•ne. You may bring additiona9 evidence to your Hearing and it will be examined of the -A =wing Officer. If you have arvy questbons, please cc'7tac- vrstomer Serwice at 1- 1366 -700 -4111, between the hours of S:00AM and 5 EST. CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 1126 E. Skate Road Winter Springs, FL 32768 Violation Evidence Report ILE Complaint Number: Docket Number: Document Number: 12201904x05177 state Exhibit: WSRL 2 s#acf®svPS 1 110 2009 6:42AM Page 2 of 5 DATE TIME SPEED PHASE RTIME LAM FRAM 08/18/2009 12:35:03.1 P 037 R 000.1 2 A NS01 —EB SR 0 WINDING HOLLOW BLVD pre Am d.� CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 1126 E. Slate Road Winter Springs, FL 32708 VWation Evidence Report RE Complaint Number: Docket Number; Document Number: 1220909005177 WSRL State Exhibit: 11, 6:42AM Page 3 of 5 DATE TIME SPEED PHASE RTIME LADE FR 08/18/2809 12:35 :03.0 PM 037 R 000.9 2 E WC A i -V14 1? -m d I d A W T?.M T'kTr_ UnT.T.nW PTAM r ".-WIM AMP CITY OF WINTER SPRINGS RED L143HT CAMERA ENFORCEMENT 1126 E. Sate Road Winter Springs, FL 327x8 VWation Evidence Report IM Complaint Number: Docket Number; Document Number: 1220900DO5177 WSRL State Exhibit: 4 ewac�iivPS 11iO3f2009 6 :42AM Page 4of5 PHOTO OF LICENSE PLATE Video Recording of Violation J 323 Feet from sign to Stop bar �A M 'M4'o Rt K!14 1. 06/25/2009 CLTY 0 F VVI hLTER S PF2I N GS R E: ID LJ ru"W C^M1A EFtA ENFCtR4 112B E. State Road Wormer Spri n 9s= FL 32 708 C a m o-ra Long Rapc>r# �ci c+u rr ent A 1220x5]❑00517 f LOc3ti E= SF2 -434 Cg+ V.' it IC3 H C�LLCXJkd E LL-M0 Ev nt Ga6cr 1 Time Status MI S ii7ns wa re Pos1e€i [7eplcorymerrt Start 12°00: 3CANA 'Violation 131 72 :38_03PM aeplo End °:10 �C ❑9! 71.Sg =S P�_i K7Far. t m r.al Tests Passed d:DFmrat c oal Tests Passed WSRL state E�dii6iL. as vP 1 lim2f a09 0= 42: Fl-ga 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: 1220900005177 Document Information: Document Type: VIOLATION DATA REPORT Version: v 1.0 Issue Date: 8125121109 7 57:58AM Appearance Date: 911512009 7 :57:58AM Photo Radar Van Operator: Violation Information: Violation Date; Time Violation Location: Plate No-1 State: Make I Model I Year Registered OWPef: Name I Address Driver: Name I Address 8118f2009 12:35.03PM EB SR -434 NdINDING HOLLOIA BLVD WINTER SPRINGS, FL u504"V FL. TOYT 12003 BARBARA. A HARRIS OR LORI ANN TILLOTSON 354 MOHAWK TRL WINTER SPRINGS. FL 32708 -5107 WSRL state Exhihit: 6 �uc�� :vPS 11103f2009 6 :42AM Page. 1 of 5 CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road Winter Springs, FL 32708 Violation Evidence Report K_ Complaint Number: Docket Number: Document N u m b e r: 1220900005177 NOTES Note Added By Added Date Hearing Scheduled ON.: 11117120019 AT 07:00 PH Hearing Deleted FOR CODE BOARD Review Scheduled ON: 1 01 0512009 AT 09:00 AM -GTOLLESON I0105/2009 07:00:08 AM GTOLLESON 10105/2009 06 AM SYSTEM 0911812009 04:02:36 PM State Exhibit: WSRL 11103f2009 6:42AM Page 5 of 5 Date: November 17, 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 November 17, 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: 1220900005177 LATE TIME SPEED PHASE RTIME LANE FRAME 08/18/2009 12:35:03.1 PM 037 R 000.1 2 A WS01 -EB SR -434 WINDING HOLLOW BLVD 4 n fi State Exhibit: ,Z AscsisvPS 11/03/2009 6:42AM Page 2 of 5 CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road 1 .0• Winter Springs, FL 32708 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1220900005177 DATE TIME SPEED PHASE RTIME LANE FRAME 08/:8/2C09 12:35:03.9 PM 037 R 000.9 2 B WS0. -EB SR -434 WINDING HOLLOW BLVD al1W State Exhibit 3 Aacsis 11/03/2009 6 :42AM Page 3 of 5 1 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: 1220900005177 at t' t% a vv s WsgL. State Exhibit: ii o._ AscsisvPS 11/03/2009 6:42AM Page 4 of 5 CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road Winter Springs, FL 32708 Camera Log Report Document 1220900005177 Location: EB SR 434 WINDING HOLLOW BLVD Event Date I Time Status Deployment Start 8/18/2009 12:00:00AM Operational Tests Passed Violation 8/18/2009 12:35:03PM Deployment End 8/18/2009 11:59:59PM Operational Tests Passed Signs were Posted ws State Exhibit AMcstsVPS 11/03/2009 6:42AM 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: 1220900005177 Document Information: Violation Information: Document Type: VIOLATION DATA REPORT Violation Date Time: 8/18/2009 12:35:03PM Version: v 1.0 Violation Location: EB SR-434 WINDING HOLLOW BLVD WINTER SPRINGS, FL Issue Date: 8/25/2009 7:57:58AM Plate No./ State: U504WV FL Appearance Date: 9/15/2009 7:57:58AM Make Model Year:: TOYT 2003 Registered Owner: BARBARA A HARRIS OR LORI ANN TILLOTSON Name Address 354 MOHAWK TRL WINTER SPRINGS, FL 32708 -5107 Driver: Name Address Photo Radar Van Operator: i —1" State Exhibit: (p AxsisvPS 11/03/2009 6:42AM 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: 1220900005177 NOTES Note Added By Added Date Hearing Scheduled ON: 11/17/2009 AT 07:00 PM GTOLLESON 10/05/2009 07:00:08 AM Hearing Deleted:SET FOR CODE BOARD GTOLLESON 10/05/2009 06:59:09 AM Review Scheduled ON: 10/05/2009 AT 09:00 AM SYSTEM 09/18/2009 04:02:35 PM wS�cC State Exhibit: 7 AscsisvPS 11/03/2009 6:42AM Page 5 of 5