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HomeMy WebLinkAbout2009 12 15 Public Hearings 502.2 WSRL-1, WSRL-2, WSRL-3, WSRL-4, WSRL-5, WSRL-6, WSRL-7 Date: December 15, 2009 The following presentation was shown to the Code Enforcement Board during Public Hearing 502.2 by Captain Glenn Tolleson on December 15, 2009: Evidence: WSRL 1 Code Enforcement Bureau y FL OR �A u v City of Winter Springs Code Enforcement Board Case Number 1220900007595 Nathan Ernest Beaudin 2218 Ballard Ave., Orlando, FL 32833 Section 12 -83 Adherence to Red Light Traffic Control Signal Hearing Request by Respondent October 27, 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 October 5, 2009 at 4:37 PM, at the intersection of the East Bound lane 3 SR 434 and Winding Hollow Blvd., a Blue Dodge, Florida Registration K06 4JG 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 October 13, 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 October 14, 2009 to the registered owner Mr. Nathan Beaudin. On October 27, 2009 American Traffic Solutions received Mr. Beaudin'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 November 12 2009. On November 12, 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 December 15, 2009. 0 z ,.I L '.j z W- '0 Fx 0 0. LL z LL z LLI Ld LL LU w LL 0 U LU C1 2 .1 m 11, Cr, LO P, CD CD O Cn CD EN CN L E m z E G h ere and retumthe bo%Dm poton as a reqL=IWc a7 Edninir" adjWiWcn I mu be =BW Y: Ca* Of th� Ofm as a reques f a g ea r ing jega W Noom of Inbcton and xtWedge W 4 9 to be B,,.aljd re quest. I understand that I rnflV attend thin hearing n p l also understand that I A be rK&d o f the Ue, and kCW of hearing. please sign and p6rAimame using blue or black ink. Received 07 17 NS PWINairw a Luj Tz Sr P L weduled HWng NOV 1 2 S CO DATE: 1 111212009 PLATE= FL KD64J G NATHAN ERNEST BEALIDIN 2295 BALLARD AVE CRLAN DO, FL a2833 -3842 Notice of Infraction 1 22 09 0 00 0 75 95 PIN 3397 The hearing date before the Winter Springs Code Enfnrc.ement Board far the above mentioned violalion has been sched for 12f15i2009 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 Vllinier Springs ❑rdinar o 2170♦? -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 5:110PLI EST. City of Winter Springs Red Light Camera Enforcement 1126 E. State Road, ft434 WrntJer Sprin Us. FL 32708 -2715 DATE: 1 111212009 PLATE= FL KD64J G NATHAN ERNEST BEALIDIN 2295 BALLARD AVE CRLAN DO, FL a2833 -3842 Notice of Infraction 1 22 09 0 00 0 75 95 PIN 3397 The hearing date before the Winter Springs Code Enfnrc.ement Board far the above mentioned violalion has been sched for 12f15i2009 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 Vllinier Springs ❑rdinar o 2170♦? -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 5:110PLI EST. CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road Winter Springs, FL 32708 Violation Evidence Report i s Complaint Number: Docket Number: Document Number: 1220900007595 �USKL State Exhibit: 2 s mmimvPs 1219112909 B:14AM Page 2 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: 1220900007555 State Exhibit: WSRL 3 saacfisv�s 12101f2009 8 :14AM Page 3 of 5 CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road Winter Springs, FL 32708 Violation Evidence Report RE Complaint Number: Docket Number; Document Number: 1220900007695 State Exhibit: WSRL 4 Sr :vvsr 12M1f2009 8:14AM Page 4 of 6 Video Recording of Violation f 1 F .i 9_ i 323 Feet from sign to Stop bar 06/25/2009 CITY CF Ya7NTER SPFtINCBS RED LI Ci FIT CAM EFZR ENIF Cl F? EMENT 112E E. State Road %Nrlmter Spri n gs_ FL 327'0:B C am era Long FRapc>r# Document 1220300003595 Locmtinn: E3 CM 4VINOING HK34LL<3VN BLVD Ev r t Gate J IF r de pl— yrmerit Start 1 W'-° BO!;] 12 00:t76P.M lolation 18J'Sf2003 A`37_19PM Oeplcry End '16J4FC-0`3 11.59:5SPM EXTI S ions wi re Pnsbed Status Qp -rati—I Tests Passed 4p�ratianal Tests Passed Stag F= ibit WSRL 5 I: i7 7F2UUg 8: 114^M Pagle 1 of 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: 1220900007595 Document Information: Documerrt Type: VIOLATION DATA REPORT Version: v 1.0 Issue Date: 1011412009 9 :05 :22AM Appearance Date: 111412009 9:05:22AM Photo Radar Van Operator: Violation Information: Violation Date f Time Violation Location: Plate No_! State: Make Model r Year Registered Owner Name 1 Address Driver. Name 1 Address 1015f2009 4:37:18PM EB SR -434 WINDING HOLLOW BLVD WINTER SPRINGS, FL K064JG FL DODG 12000 NATHAN ERNEST BEAUDIN 2218 BALLARD AVE ORLANDO, FL 32833 -3843 WSRL State Exhibit: 6 s1oc;��v�s 12101f20[19 8 :14AM Page 1 of 5 WSRL State Exhibit: auc :vvs 12!0112069 B 14AM Page 6 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: 1220900007595 NOTES Note Added By Added Date Hearing Scheduled ON: 1211512009 AT 07:00 PM GTOLLESON 1111212009 02.16:15 PM Hearing Deleted FOR CODE BOARD GTOLLESON 11112!2009 02:15.27 PM ONLY A SIGNED HEARING COUPON RECEIVED LGAMBLE 11104{2009 65:45:55 PM Review Scheduled ON: 1111712009 AT 09:00 AM SYSTEM 10127{2009 64.38:19 PM NATHAN CALLED IN ASKING HOW TO GO ABOUT REQUESTING A HEARING. TOLD HIM HE WOULD CQUINONES 10121!2009 05.39.37 AM NEED TO SEND IN THE HEARING SLIP_._ CALL BACK NUMBER IS 4075294883 WSRL State Exhibit: auc :vvs 12!0112069 B 14AM Page 6 of 5 Date: December 15, 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 December 15, 2009: Evidence Exhibits: WSRL 2 WSRL 3 WSRL 4 WSRL 5 WSRL 6 WSRL 7 CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 5 1126 E. State Road Winter Springs, FL 32708 Violation Evidence Report Complaint Number: Docket Number: Document Number: 1220900007595 LATE TIME SPEED PHASE RTIME LANE FRAME 10/05/2009 04:37:17.8 PM 029 R 000.8 3 A WS01 EB SR -434 WINDING HOLLOW BLVD A S f�L State Exhibit: Z Axsis vPS 12/01/2009 8:14AM 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: 1220900007595 DATE TIME SPEED PHASE RTIME LANE FRAME 10/05/2C09 04:37:18.8 PM 029 R 001.9 3 B WS0. -EB SR -434 WINDING HOLIAW BLVD State Exhibit: 3 Aaciimvps- 12/01/2009 8:14AM 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: 1220900007595 iiiiii j: 11 0 jiamo. 0 G'1•0. 4. I r i,..,,,, State Exhibit: V AxMisvPS 12/01/2009 8 :14AM Page 4 of 5 CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road Winter Springs, FL 32708 Camera Log Report Document 1220900007595 Location: EB SR WINDING HOLLOW BLVD Event Date I Time Status Deployment Start 10/5/2009 12:00:00AM Operational Tests Passed Violation 10/5/2009 4:37:18PM Deployment End 10/5/2009 11:59:59PM Operational Tests Passed IV] Signs were Posted State Exhibit X Astcsls 12/01/2009 8:14AM 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: 1220900007595 Document Information: Violation Information: Document Type: VIOLATION DATA REPORT Violation Date Time: 10/5/2009 4:37:18PM Version: v 1.0 Violation Location: EB SR-434 WINDING HOLLOW BLVD WINTER SPRINGS, FL Issue Date: 10/14/2009 9:05:22AM Plate No./ State: K064JG FL Appearance Date: 11/4/2009 9:05:22AM Make Model Year:: DODG 2000 Registered Owner: NATHAN ERNEST BEAUDIN Name Address 2218 BALLARD AVE ORLANDO, FL 32833 -3843 Driver: Name Address Photo Radar Van Operator: State Exhibit: (p 12/01/2009 8:14AM 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: 1220900007595 NOTES Note Added By Added Date Hearing Scheduled ON: 12/15/2009 AT 07:00 PM GTOLLESON 11/12/2009 02:16:15 PM Hearing Deleted:SET FOR CODE BOARD GTOLLESON 11/12/2009 02:15:27 PM ONLY A SIGNED HEARING COUPON RECEIVED LGAMBLE 11/04/2009 05:45:55 PM Review Scheduled ON: 11/12/2009 AT 09:00 AM SYSTEM 10/27/2009 04:38:19 PM NATHAN CALLED IN ASKING HOW TO GO ABOUT REQUESTING A HEARING. TOLD HIM HE WOULD CQUINONES 10/21/2009 05:39:37 AM NEED TO SEND IN THE HEARING SLIP... CALL BACK NUMBER IS 4075294883 State Exhibit: Mewls vc>s- 12/01 /2009 8:14AM Page 5 of 5