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Home My WebLink About2009 11 17 Public Hearings 502.3 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 502.3 by Captain Glenn Tolleson on November 17, 2009: Evidence: WS -1 Code Enforcement Bureau V �l v FL OR �A uv v City of Winter Springs Code Enforcement Board Case Number 1220900006597 Andre El Kareh Machado 1107 Kerwood Circle, Oviedo, FL. 32765 Section 12 -83 Adherence to Red Light Traffic Control Signal Hearing Request by Respondent —August 13, 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 17, 2009 at 9:13 AM, at the intersection of the East Bound lane 2 SR 434 and Winding Hollow Blvd., a black Nissan, Florida Registration A06 OVU 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 24, 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 25, 2009 to the registered owner Andre El Kareh Machado. On October 13, 2009 American Traffic Solutions received Mr. Machado '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 28, 2009. On October 28, 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. W-,i z w w z 10 z w q z w LA §mow L) N J O w Q J 7 5 LL z O 4../ W cl 2 CL w 0 N_ k N 0 ca m w cl Ln co CD O CD O O N r L E 3 z E 3 i3 -eiaj je a ad realm tN batlDm *Icr. as a rvgaesk for or, a:r rib. �`.ia2 a� uci�a'iu� h2a�ng. st 6ur a wi Ihrss Naice of :n�vl o n aid awoAlEdca kra# k must h ra2ceiued b}t the Doe Dale of Utis notice submit �5 farm as a Hague n I al;c und era #ar.d T at I vill be mm arts, time and laeation of the to to avalid egaesk. I uomhnd that k mas# *nd the hea&g is peN hearirV, Please sFgn an ntnamg using blue or bkack Ink Signed; t Scha�#Iled Hellfy OCT Is P" Name. y 5- i f 5 l Y l ggq r a M City of Winter Springs Red Light Camera Enforcement 1126 E. State Raced, A434 Winter Sprin Us FL 32708 -2716 DATE= 74!2&12009 PLATE FL AO613VI-I ANDRE EL KAREH MAGHADO 1107 KERL4O0D C IR OVIEDO, FL 32785 -D 193 Notice of Infraction 4� 1229549046:597 PIN S 0 ®E2 The hearing date before the Winter Springs Code Enforcemeni Board for the above mentioned violation has been scheduled for 11 fl 71.2009 at 7 -00 PM Winter Springs Cade Enforcemeni Board 1129 E. State Road. #43+4 Winter Springs, Florida 32 70 3 -2 71 5 If you choose not to appear, you waive the right to contest or appeal this infradtion 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 whD requests a hearing and thereafter fails to appear at the time and place of the hearing, is liable for the chit penalty plus administrative hearing costs in the amount of Twenty Five Dollars {$25.00)- I` the basis of your contest is one of the affirmative defenses outlined in the City of VVinler Springs Ordinance 200 &-27, it nas been determined that 1he evidence you provided is inconclusive. You may bring additional evidence to your Hearing and it will be examined by the Hearing Officer. If you have any questions, please contact Customer Service at 1 -3M- 790 -4111, between the hours of 2:00A.M and 5:O0PM EST. CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road Winter Springs, FL 32708 Violation Evidence Report Complaint Number: Docket Number; 1) 00 Ur ent Number. 1220900006597 State Exhibit: WSRL 2 �Jlem=d:vvs 111072009 £:47AM Page 2 of 5 PHOTO FROM A 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: 1220900006597 WSRL State Exhibit: 3 saacfisv�s 11103f2009 6 :47AM 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 M I Complaint Number: Docket Number; Document Number: 1220900006557 WSRL State Exhibit: q saacfisvPS' 11103f2009 6 :47AM 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 QF WINTER S PFRI N GS R E[D LIGHT CAM ERA ENFUR.0 EMEN F 1126 E. State Read Winter Spri n Us FL 32 708 Camara Laig Roport Ddc"l Mnt 12 -2050000 -9597 Locatifln: E SR -4 34 (M I.V INI7 ING HOLLQ VW 13 LV I7 E+nerrt EN t F Time Status [Deployment Start Wl7f2wg 12= QO:UQAh7 wsalatian W77F21Q0!EP 9_13- [Deployment End 9117f2 CAS 1'1= 59 IN Sirins xr Posled Operational Tests Passed Operational Tests Passed WSRL 5 State E�ibi1 @:47AM Page h cFf 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: 1220960006597 Document Information: Violation Information: Document Type: VIOLATION DATA REPORT Violation Date f Time: 9117f2009 9:13 Violation Location: EB SR -434 WINDING HOLLOW BLVD Version: u 1.0 WINTER SPRINGS, FL Issue Date: 912512409 1 41:50PM Plate No-1 State: A060VU FL Appearance Date: 1011612009 1 41 50PM Make 1 Model 1 Year:: NISS 12006 Registered Owner ANDRE EL KAREH MACHADO Name I Address 1107 KERWOOD GIR OVIEDO. FL 3276E-6193 Driver. Name I Address Photo Radar Van Operator: WSRL Slate Exhibit: 6 :vPS 1114312409 6:47AM Page 1 of 5 CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 1126 E. State Roped Winter Springs, FL 32703 Violation Evidence Report M" Complaint Number: Docket Number: Document Number: 1220900006597 NOTES Note Added By Added Date Hearing Scheduled ON: 1111712009 AT 07:00 PM Hearing Deleted FOR CODE BOARD Review Scheduled ON: 1012812009 AT 09:00 AM GTOLLESON 1012812009 06:42:42 AM GTOLLESON 10128f2009 06:41:57 AM SYSTEM 10113!2009 04:24:49 PM State Exhibit: WSRL 7 :vvs 1110312009 6 :47AM Page 6 of 5 Date: November 17, 2009 The following documents were distributed by Captain Glenn Tolleson during Public Hearings New Cases Agenda Number 502.3 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 mo Winter Springs, FL 32708 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1220900006597 DATE TIME SPEED PHASE RTIME LANE FRAME 09/17/2009 09:13:24.2 AM 030 R 001.0 2 A WS01 -EB SR -434 WINDING HOLLOW BLVD vrIbP e ,tw r 1 W9µ State Exhibit: AacsisvP s 11/03/2009 6 :47AM Page 2 of 5 CITY OF WINTER SPRINGS 1 RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road 1oMO� Winter Springs, FL 32708 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1220900006597 DATE TIME SPEED PHASE RTIME LANE FRAME 09/17/2C09 09:13:25.. AM 030 R 002.0 2 8 WS01 -EB SR -434 WINDING HOLLOW BLVD r ar State Exhibit. 1 ascsisvPS 11/03/2009 6:47AM Page 3 of 5 CITY OF WINTER SPRINGS �'F RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road Winter Springs, FL 32708 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1220900006597 f 106 I El State Exhibit: IllacarAis 11/03/2009 6:47AM Page 4 of 5 CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road Winter Springs, FL 32708 Camera Log Report Document 1220900006597 Location: EB SR WINDING HOLLOW BLVD Event Date I Time Status Deployment Start 9/17/2009 12:00:00AM Operational Tests Passed Violation 9/17/2009 9:13:25AM Deployment End 9/17/2009 11:59:59PM Operational Tests Passed X Signs were Posted 4 x ■90 State Exhibit 5 sts VPS 11/03/2009 6:47AM 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: 1220900006597 Document Information: Violation Information: Document Type: VIOLATION DATA REPORT Violation Date Time: 9/17/2009 9:13:25AM Version: v 1.0 Violation Location: EB SR-434 WINDING HOLLOW BLVD WINTER SPRINGS, FL Issue Date: 9/25/2009 1:41:50PM Plate No./ State: A060VU FL Appearance Date: 10/16/2009 1:41:50PM Make Model Year:: NISS 2006 Registered Owner: ANDRE EL KAREN MACHADO Name Address 1107 KERWOOD CIR OVIEDO, FL 32765 -6193 Driver: Name Address Photo Radar Van Operator: Uhf State Exhibit: 6 YxsisVRS 11/03/2009 6:47AM 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: 1220900006597 NOTES Note Added By Added Date Hearing Scheduled ON: 11/17/2009 AT 07:00 PM GTOLLESON 10/28/2009 06:42:42 AM Hearing Deleted:SET FOR CODE BOARD GTOLLESON 10/28/2009 06:41:57 AM Review Scheduled ON: 10/28/2009 AT 09:00 AM SYSTEM 10/13/2009 04:24:49 PM i't/Sl State Exhibit: 7 Acws 11/03/2009 6:47AM Page 5 of 5