HomeMy WebLinkAbout2009 11 17 Public Hearings 502.2 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 502.2 by
Captain Glenn Tolleson on November 17, 2009:
Evidence:
WS -1
Code Enforcement Bureau
y FL OR �A u v
City of Winter Springs Code Enforcement Board
Case Number 1220900006035
Botao Yu
12104 Napiers Circle, Orlando, FL 32826
Section 12 -83 Adherence to Red Light Traffic Control
Signal
Hearing Request by Respondent October 7, 2009
Captain Tolleson
Code Enforcement Bureau
y FL OR �A 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
V �l
J FL�A uV1
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
y FL OR �A u v
On September 6, 2009 at 11:55 AM, at the intersection of the East Bound lane 2
SR 434 and Winding Hollow Blvd., a Blue Volvo, Florida Registration 726 IWT
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 September 11, 2009, the violations recorded images were reviewed by
Captain Christopher Deisler, 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 September 14, 2009 to the registered owner Mr.
Botao Yu.
On October 7, 2009 American Traffic Solutions received Mr. Botao Yu '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 22 2009.
On October 22, 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.
LEW
z
W
ocD�;
zW
w
O U N
O
W
LL
z
0
J
L)
W
cl
2
CL
w
r
w
rn
0
0
N_
0
m
C7
0
a
0
CD
O
O
N
N
r
4Y
E
D
z
C
N
E
3
u
Q
a ^"�I "aS E �2Q��5:tOf ar aar�m�stra ��;J�IC�`IQf•�lE8�11�.
�a aCh here aad reVn 0 b�.Vn
aro I ,yy��e cr iniradl4n and add d9a brat must be ;enlye� wv F,e Die ale ai notice
snit ihis ��n 85 a fe for a hurirn I A be ndriiK 0t N date, kifm and IOGNon d the
to he 2 tialid 'eGL°st I �Irx erSW tq I rr�si alt ano ;his hear i' person. I also u+de�t�d
heaing. Plaasa sign Andprirtname using pIuaor Wgk ink. L 7"
NO
T 0i�Cc
+y Pr�rthdama,
J
N
a
3
N
DATE= 1G 2312009
PLATE= 1L 720144T
BDTAO YU
121D4 I lMP1ERS GIR
ORLANDO. FL =20-22131
1 -221}1
Notice of Infraction 122050000£035
PIN 4079
The hearing date before the Winter Springs Code Enfnrc.ement Board far the above mentioned violalion has been
sched for
11 f1712009 at 7 00 PM
Winter Springs Cade Enfor nneni Board
1129 E. State Road, 9424
Winter Springs. Florida 32702715
If you choose not to appear, you waive the right to contest or appeal this infraction and must pay the civil penalty nn 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 Fearing costs
in the amount of Twenty Five Dollars {$25.001.
If the tnasis of your contest is one of the affirmative defenses outlined in the City of Vllinier Springs Ordinance 2CIOL -27, it
has been determined that 1he evidence you provided is inconclusive. YDu may bring additional evidence to your Hearing
and it will be examined by the Hearing Officer.
If you have any questions. alease contaci Customer Service at 1- 308 7004111, between the pours o 2:011nM and 5:110Ph'I
EST.
City of Winter Springs
Red Light Camera Enforcement
1126 E. State Road, tt434
WrntJer Sprin Us. FL 32708 -2715
DATE= 1G 2312009
PLATE= 1L 720144T
BDTAO YU
121D4 I lMP1ERS GIR
ORLANDO. FL =20-22131
1 -221}1
Notice of Infraction 122050000£035
PIN 4079
The hearing date before the Winter Springs Code Enfnrc.ement Board far the above mentioned violalion has been
sched for
11 f1712009 at 7 00 PM
Winter Springs Cade Enfor nneni Board
1129 E. State Road, 9424
Winter Springs. Florida 32702715
If you choose not to appear, you waive the right to contest or appeal this infraction and must pay the civil penalty nn 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 Fearing costs
in the amount of Twenty Five Dollars {$25.001.
If the tnasis of your contest is one of the affirmative defenses outlined in the City of Vllinier Springs Ordinance 2CIOL -27, it
has been determined that 1he evidence you provided is inconclusive. YDu may bring additional evidence to your Hearing
and it will be examined by the Hearing Officer.
If you have any questions. alease contaci Customer Service at 1- 308 7004111, between the pours o 2:011nM and 5:110Ph'I
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: 1220906046035
f�Y
oft
State Exhibit:
WSR
2
„reuK+ vPS 11 f03,2OD9 6 :49AAM Page 2 of 5
PHOTO FROM A FRAME
•'r
CITY OF WINTER SPRINGS
RED LIGHT CAMERA ENFORCEMENT
1126 E. State Road
Whiter Springs. FL 32708
Violation Evidence Report
Complaint Number:
Docket Number;
Document Number: 1220900006035
WSRL
State Exhibit: 3
IAocfisws 11103f2009 6 :49AM Page 3 of 5
PHOTO FROM B FRAME
CITY OF WINTER SPRINGS
RED LIGHT CAMERA ENFORCEMENT
1126 E. State Road
Whiter Springs. FL 32708
Violation Evidence Report
Complaint Number:
Docket Number;
Document Number: 1220900006035
WSRL
State Exhibit: q
�lacfisv�s 11103f2009 6 :49AM Page 4 of 5
PHOTO OF LICENSE PLATE
Video Recording of Violation
f
1
F .i
9_ i
323 Feet from
sign to Stop bar
06/25/2009
CITY OF 4h7NTER SPRINGS
RED LI{3F V CAMERA ENIFQRC EM1EINT
1126 E. State Raad
Winter Spri n gs. FL 32708
Camara Lo+s F:Zaport
Oocum errt 12 -20300008D35
Locatiori: EE SF2 -4 34 [2-5 VW 1h1G HOL L VV ELVD
Event Gate 1 Time
Deploryrmer rt Start
Violation
Deplorymerrt End
92972DDD 12:01]:@JAM
9V8r2Ufl9 41:55.0 aAM
92 01 2ND D9 11 :59 5QFPM
pe r I Tests F a.-d
C> Tests F'ass"
w Sir?ns wire PnsA�d
WSRL 5
EXdh i b if
svvs` -1 7f103F2UQp B:48AhA Pa I of
CITY OF WINTER SPRINGS
RED LIGHT CAMERA ENFORCEMENT
1126 E. State Road
Winter Springs, FL 32700
Violation Evidence Report
Complaint Number:
Docket Number:
Document Number: 1220906046035
Document Information:
Document Type:
VIOLATION DATA REPORT
Version:
v 1.0
Issue Date:
911412009 8 :01:59AM
Appearance Date:
101512009 8 :01:59AM
Photo Radar Van Operator:
Violation Information:
Violation Date ITime
Violation Location:
Plate NoJ State:
Make Model r Year
Registered Owner:
Name I Address
Driver:
Name i Address
91fi12009 11 :55 :09AM
E SR -434 ig WINDING HOLLOW BLVD
WINTER SPRINGS, FL
7261WT FL
VO LV 1 1999
BOTAO YU
12104 NAPIERS CIR
ORLANDO. FL 32826 -2201
WSRL
State Exhibit: 6
�uc+�avvs 11103120139 6:49AM Page 7 of 5
CITY OF WINTER SPRINGS
RED LIGHT CAMERA ENFORCEMENT
1126 E. State Road
Whiter Springs. FL 32708
Violation Evidence Report
Complaint Number:
Docket Number:
Document Number: 1220900006035
NOTES
Note Added By Added Date
Hearing Scheduled ON: 11117f2009 AT 07:00 PM
Hearing Deleted FOR HEARING
Review Scheduled ON: 1 O122J2009 AT 09:00 AM
GTOLLESON 1012312009 07:32:34 AM
GTOLLESON 102312009 07:31:54 AM
SYSTEM IOM712009 08:00:14 PM
State Exhibit:
WSRL
7
�uc�l :vas 11103f2OO9 6:49AM Page 5 of 5
Date: November 17, 2009
The following documents were distributed by
Captain Glenn Tolleson during Public Hearings
New Cases Agenda Number 502.2 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: 1220900006035
HATE TIME SPEED PHASE RTIME LAN! FRAME
C9/06/2009 11:55:09.4 AM 037 R 002.0 2 A
WS01 -EB SR -434 WINDING HOLLOW BLVD
it
he
i i
T
Y
State Exhibit: 2'
=.s... 11/03/2009 6 :49AM Page 2 of 5
CITY OF WINTER SPRINGS
RED LIGHT CAMERA ENFORCEMENT
1126 E. State Road Rolla
Winter Springs, FL 32708
Violation Evidence Report
Complaint Number:
Docket Number:
Document Number: 1220900006035
DATE TIME SPEED PHASE RTIME LANE FRAM
09/06/2C09 11:55:09.2 AM 037 R 002.8 2 B
WS01 -EB SR -434 WINDING HOLLOW BLVD
J i I
State Exhibit: 3
A►scr.isvps 11/03/2009 6:49AM 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: 1220900006035
State Exhibit of
/►,c1•isvPS 11/03/2009 6 :49AM Page 4 of 5
CITY OF WINTER SPRINGS
RED LIGHT CAMERA ENFORCEMENT
1126 E. State Road
Winter Springs, FL 32708
Camera Log Report
Document 1220900006035
Location: EB SR-434 WINDING HOLLOW BLVD
Event Date Time Status
Deployment Start 9/6/2009 12:00:00AM Operational Tests Passed
Violation 9/6/2009 11:55:09AM
Deployment End 9/6/2009 11:59:59PM Operational Tests Passed
X Signs were Posted
State Exhibit
11/03/2009 6:49AM 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: 1220900006035
Document Information: Violation Information:
Document Type: VIOLATION DATA REPORT Violation Date Time: 9/6/2009 11:55:09AM
Version: v 1.0 Violation Location: EB SR-434 WINDING HOLLOW BLVD
WINTER SPRINGS, FL
Issue Date: 9/14/2009 8:01:59AM Plate No./ State: 7261WT FL
Appearance Date: 10/5/2009 8:01:59AM Make Model Year:: VOLV 1999
Registered Owner: BOTAO YU
Name Address 12104 NAPIERS CIR
ORLANDO, FL 32826 -2201
Driver:
Name Address
Photo Radar Van Operator:
W5M-
State Exhibit:
aocafisvRs' 11/03/2009 6:49AM 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: 1220900006035
NOTES
Note Added By Added Date
Hearing Scheduled ON: 11/17/2009 AT 07:00 PM GTOLLESON 10/23/2009 07:32:34 AM
Hearing Deleted:SET FOR HEARING GTOLLESON 10/23/2009 07:31:54 AM
Review Scheduled ON: 10/22/2009 AT 09:00 AM SYSTEM 10/07/2009 08:00:14 PM
IOW-
State Exhibit:
Ascsis VI. S 11/03/2009 6:49AM Page 5 of 5