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Home My WebLink About2009 11 17 Public Hearings 502.4 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 502.4 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 1220900005813 Zebulon Grant Chouinard 1922 Crystal Downs Ct., Oviedo, FL 32765 Section 12 -83 Adherence to Red Light Traffic Control Signal Hearing Request by Respondent September 25, 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 2, 2009 at 1:53 PM, at the intersection of the East Bound lane 2 SR 434 and Winding Hollow Blvd., a green Ford, Florida Registration 941 YXU 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 8, 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 September 9, 2009 to the registered owner Zebulon Grant Chouinard. On September 25, 2009 American Traffic Solutions received Zebulon Grant Chouinard'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 13 2009. On October 13, 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. r� a iN w b N a:ach hcr, and ewm ft battiorn pMon as a request 'or 91 ffa Ve adOCOOn hearing. I Ubrlll lhl3 fame as a w"'9t fy 0 MIN fBGGf ICI Irf<3C11on �'d pa l t Y,1P 4 ±►otif d of It dM,1ri12 and luCa hn �f "e 'a be a uaL� equest. I uideVald ,hat' rMs 441d tiffs rear rg is pason 15I.a J1d? 'Sr2rd khBt ,2Onjc Phase sign and print name using blue or black 1n14. y �ned. v I FEB QntName: SEP 01 g UUUVUW U 6.Jv ■r rg ■•■1 ■r■■■ ■41 *IF r *ago 4 n t m z a s N N O 0 0 0 0 W I� C CL s 0 00 w I D m n r a� Z In an In a� X m v n m ;U T C) m a M u 3 z DATE= 10f18r2009 PLATE= FL941YXU ZE131J1-ON GRANT CHOUINARD 9 R22 CRYSTAL DOWNS CT OVIEDO. FL 327105ZS30 Notice o1 knfra bon 1220900 D05t31 3 PIN fk 3571 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 1929 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 VVinier Springs ❑rdinar o 2CIOL -27, it has been determined that 1he evidence you provided is inconclusive. YDu nnay bring additional evidence to your Hearing and it will be examined by the Hearing Officer. If you have any questions. alease contaoi Customer Service at 1- 308 7004111, between the pours o 2:011AM and 5:11GPM EST. City of Winter Springs Red Light Camera Enforcement 1126 E. State Read, ft434 WrntJer Sprin Us. FL 32708 -2715 DATE= 10f18r2009 PLATE= FL941YXU ZE131J1-ON GRANT CHOUINARD 9 R22 CRYSTAL DOWNS CT OVIEDO. FL 327105ZS30 Notice o1 knfra bon 1220900 D05t31 3 PIN fk 3571 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 1929 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 VVinier Springs ❑rdinar o 2CIOL -27, it has been determined that 1he evidence you provided is inconclusive. YDu nnay bring additional evidence to your Hearing and it will be examined by the Hearing Officer. If you have any questions. alease contaoi Customer Service at 1- 308 7004111, between the pours o 2:011AM and 5:11GPM EST. CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road Winter Springs, FL 32708 Violation Evidence Report Gv Complaint Number: Docket Number; Document Number: 1220900005813 WSR state Exhibit: 2 JAw=&:vPS� 1 VOY2009 6:3BAM Page 2 of 5 DATE TIME SPEED PHASE RTINE LANE FRAME 09/02/2009 01:53:57.8 PM 028 R 000.5 2 A WS01-EB SR-434 0 WINDING HOLLOW BLVD .,K A 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: 1220900005813 WSRL State Exhibit: 3 saacfisv�s 11103f2009 6 :38AM Page 3 of 5 DATE TIME SPEED PHASE RTI E 09/02/2009 0 1:53:58.7 PM 028 R 001.4 WS01 -EB 3R -434 WINDING HOLLOW BLVD LANE FRAME B lll� CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road Whiter Springs. FL 32708 Violation Evidence Report Complaint Number: Docket Number; DOCllment Number: 1220900005813 WSRL State Exhibit: q Aocfisvv5~ 11103f2009 6 :38AM 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 SPRINGS R.Ea LI4i FYT CAM EFZA Er+IFC)-RC EMIENT 1126 E. State Road Wm-t— Spri n gs_ FL 32 708 Came-ra Loag Flap <>rt I7 t 1220gDODOSB13 LOc3ti4 EE SF2-4 34 (M W1 F1171NCG F*CLLC3-VN 13 LV I7 E+ wt Qate F Time Status Sirjnswere Polled 0op IcW meat Ste rt 912F286'B 12:40 =69]AM 1 alatlan SL02j'2 r.9 1 Oeplo3�ment End 912f20019 1 1:59-59F'M Operational Tests Passed Op�rat :nal Tests Pass" WSRL 5 St-Se Eidhibil s vvs� I7iO3s20OB 0:38ALM Pa 1 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: 1220900045813 Document Information: Document Type: VIOLATION DATA REPORT Version: v 1.0 Issue Date: 91912009 13 :48:18AM Appearance Date: 913012009 8 :48:18AM Photo Radar Van Operator: Violation Information: Violation Date f Time Violation Location: Plate NoJ State: Make Model r Year Registered Owner: Name I Address Driver: Name i Address 91712009 1:53:58P M E SR -434 ig WINDING HOLLOW BLVD WINTER SPRINGS, FL 941 YXU FL FORD f 2001 ZEBULON GRANT CHOUINARD 1922 CRYSTAL DOWNS CT OVIEDO_ FL 32765-5836 WSRL State Exhibit: 6 �uc+�avvs 11103120139 6:38AM Page 7 of 5 CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road Winter Springs, FL 32700 Violation Evidence Report �s Complaint Number: Docket Number: Document Number: 1220900005813 (VOTES Nate Added By Added Date Hearing Scheduled ON: 11117!2009 AT 07:00 PM Hearing Deleted CODE B DAR D Review Scheduled ON: 1011312009 AT 09:00 AM GTOLLESON 10113f2009 08:51:10 AM GTOLLESON 1011312009 08 :50 :07 AM SYSTEM 0912812009 10:20:41 AM State Exhibit: WSRL 7 �uc+�avvs 1110312OD9 5 :38AM Page 5 of 5 Date: November 17, 2009 The following documents were distributed by Captain Glenn Tolleson during Public Hearings New Cases Agenda Number 502.4 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 3 RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road „o Winter Springs, FL 32708 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1220900005813 LATE TIME SPEED PHASE RTIME LANE FRAME C9/02/2009 01:53:57.8 PM 028 R 000.5 2 A WS01 -EB SR -434 WINDING HOLLOW BLVD •y,: 4 Il L :4‘M 41117,7m3P bu S tiaw State Exhibit A_csis 11/03/2009 6 .38AM Page 2 of 5 CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road z Winter Springs, FL 32708 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1220900005813 DATE TIME SPEED PHASE RTIME LANE FRAME 09/02/2C09 01:53:58.7 PM 028 R 001.4 2 8 WSO; SR -434 WINDING HOLLOW BLVD ael 071.4.111' a. State Exhibit: 'y Axr.isws 11/03/2009 6 :38AM 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: 1220900005813 w S State Exhibit: AscsisvPS 11/03/2009 6 :38AM Page 4 of 5 CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road Winter Springs, FL 32708 Camera Log Report Document 1220900005813 Location: EB SR 434 WINDING HOLLOW BLVD Event Date I Time Status Deployment Start 9/2/2009 12:00:00AM Operational Tests Passed Violation 9/2/2009 1:53:58PM Deployment End 9/2/2009 11:59:59PM Operational Tests Passed I I VA Signs were Posted 6✓5 State Exhibit f VPS 11/03/2009 6:38AM 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: 1220900005813 Document Information: Violation Information: Document Type: VIOLATION DATA REPORT Violation Date Time: 9/2/2009 1:53:58PM Version: v 1.0 Violation Location: EB SR-434 WINDING HOLLOW BLVD WINTER SPRINGS, FL Issue Date: 9/9/2009 8:48:18AM Plate No./ State: 941YXU FL Appearance Date: 9/30/2009 8:48:18AM Make Model Year:: FORD 2001 Registered Owner: ZEBULON GRANT CHOUINARD Name Address 1922 CRYSTAL DOWNS CT OVIEDO, FL 32765 -5836 Driver: Name Address Photo Radar Van Operator: L State Exhibit: t axmiw 11/03/2009 6:38AM 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: 1220900005813 NOTES Note Added By Added Date Hearing Scheduled ON: 11/17/2009 AT 07:00 PM GTOLLESON 10/13/2009 08:51:10 AM Hearing Deleted:SET CODE BOARD GTOLLESON 10/13/2009 08:50:07 AM Review Scheduled ON: 10/13/2009 AT 09:00 AM SYSTEM 09/28/2009 10:20:41 AM State Exhibit: 7 11/03/2009 6:38AM Page 5 of 5