HomeMy WebLinkAbout2009 12 15 Public Hearings 502.3 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 502.3 by
Captain Glenn Tolleson on December 15, 2009:
Evidence:
WSRL 1
Code Enforcement Bureau
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City of Winter Springs Code Enforcement Board
Case Number 1220900007678
Kathy L Terry
249 McKay Blvd., Sanford, FL. 32771
Section 12 -83 Adherence to Red Light Traffic Control
Signal
Hearing Request by Respondent October 26, 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
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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 8, 2009 at 8:17 AM, at the intersection of the East Bound lane 3 SR
434 and Winding Hollow Blvd., a black Mercedes, Florida Registration M25 6DC
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 Kathy L Terry.
On October 26, 2009 American Traffic Solutions received Ms. Terry'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 10, 2009.
On November 10, 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 December15, 2009.
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City of Winter Springs
Red Light Camera Enforcement
1126 E. State Road, #334
Wrrrter Sprin gs, FL 32708 -2316
DATE: 111101.20119
PLATE= FL PA2500C
KATHY L TERRY
24g MCKAY BLVD
SANFORD. FL 32771 -1 51 7
Notice of rnfraction 1220900007GTG
PINdi 3401
The hearing data before the Winter Springs Code Enfnre+emeni Board for the above mentioned Violation has been
sched for
73I1 5J2009 at 7 =00 PM
Winter Springs Code Enforcemem Board
7129 E. State Road, #434
Winter Spri ngs, Florida 32 70 3 -2 71 5
F you choose not to appear, ycu waive the right to contest or appeal this infraclion and must pay the civi penalty on or
Defore 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 1he civil penalty plus administrative Fearing costs
n the amount of Twenty Five Dollars M25.00.1.
If Hie basis of your contest is one of the affirmative defenses outlined in the City cf Winter Springs Ordinance 206 27, it
has been determined that the eridenc.e you provided is inoondusive. You may bring additional evidence to your Hearing
and it will be examined by the Hearing Officer.
If you haves any questions, please contaot Customer Service at 1 -BB8 -700 -4111, between the hours of 13:D6AM and 5=0OPM
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: 1220900007678
WSRL
State Exhibit: 2
�Jlem=d:vvs 12!8112009 8:16AM 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: 1220900007678
WSRL
State Exhibit: 3
saacfisv�s 12101f2009 8 :16{4M Page 3 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: 1220900007678
WSRL
Slate Exhibit: 4
�.�/locfisvvs° 12l01f2005 8 :16{4M Page 4 of 5
Video Recording of Violation
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323 Feet from
sign to Stop bar
06/25/2009
CITY 17F WINTER S PFt I N GS
RE[D LIGHT CAM EFtA ENFURC EMEN
1126 E. State Road
Winter Spri n Us FL 32 708
Camara La+p F:Zopc>rt
Uacument 1220800007678
Locatifln: E 3 3 =q -3- CT' W INI7 ING H 0- LLC7W BLV I7
Evert CFate F Time
Status
[Deployment Start IDOM2609 12= 1301CIMA N
violation i W:W2U08 8.7 T.31 AM
[Deployment End 11= 59::59PRi
EN Si!:Ins were Rosled
flperat :nal Tests Pass
Oper. t :nal Tests Pass
WSRL 5
E�ibil
AwwmmasvPS` 121011213 09 13: 1 SAhA Page h cvf
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: 122090D007678
Document Information:
Document Type: VIOLATION DATA REPORT
Version: v 1.0
Issue Date: 1011412009 9 05.30AM
Appearance Date: 111412009 9.05:30AM
Photo Radar Van Operator:
Violation Information:
Violation Date J Time:
101Bf2009 8
Violation Location:
EB SR -434 WINDING HOLLOW BLVD
WINTER SPRINGS, FL
Plate No_! State:
M256DC FL
Make f Model 1 Year::
MERZ1 1991
Registered Owner:
KATHY L TERRY
Name 1 Address
249 MCKAY BLVD
SANFORD, FL 32771 -1517
Driver:
Name: Address
State Exhibit: WSRL
6
Sr :vvsr 121D1f2D09 8:16W Page 1 of 5
CITY OF WINTER SPRINGS
RED LIGHT CAMERA ENFORCEMENT
1126 E. State Roped
Winter Springs, FL 32703
Violation Evidence Report
Complaint Number:
Docket Number:
Document Number: 1220900007678
NOTES
Note Added By Added Date
Hearing Scheduled ON: 12175!2009 AT 07:00 PM
Hearing Deleted FOR CODE BOARD
ONLY A SIGNED HEARING COUPON RECEIVED
Review Scheduled ON: 1111012009 AT 09:00 AM
GTOLLESON 11110!2009 07:31:32 AM
GTOLLESON 11!10{2009 D7 AM
LGAMBLE 1110Al2009 09:26:10 PM
SYSTEM 10120!2009 05:36:12 PM
WSRL
State Exhibit:
:vvs 12!0112009 0:16AM Page 6 of 5
Date: December 15, 2009
The following documents were distributed by
Captain Glenn Tolleson during Public Hearings
New Cases Agenda Number 502.3 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
1126 E. State Road
Winter Springs, FL 32708
Violation Evidence Report
Complaint Number:
Docket Number:
Document Number: 1220900007678
LATE TIME SPEED PHASE RTIME LANE FRA
10/08/2009 08:17: 3D .5 AM 033 R 000.6 3 A
WS01 -EB SR -434 WINDING HOLLOW .66144666046164-.
wr`
0011.4.
State Exhibit: 1
Asczfi vPS 12/01/2009 8:16AM 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: 1220900007678
DATE TIME SPEED PHASE RTIME LANE FRAM
10/08/2C09 08:17:31.4 AM 033 R 001.5 3 B
WS0_ -EB SR -434 WINDING HOLLOW BLVD
0
WS1�-
State Exhibit
/\sc mvPS 12/01/2009 8:16AM Page 3 of 5
CITY O WINTER SPRINGS
RED LIGHT C AMERA ENFORCEMENT
1126 E. State Road
Winter Springs, FL 32708
Violation Evidence Report
Complaint Number:
Docket Number:
Document Number: 1220900007678
4
WS
State Exhibit
ascr.�svPS 12/01/2009 8:16AM Page 4 of 5
CITY OF WINTER SPRINGS
RED LIGHT CAMERA ENFORCEMENT
1126 E. State Road
Winter Springs, FL 32708
Camera Log Report
Document 1220900007678
Location: EB SR WINDING HOLLOW BLVD
Event Date Time Status
Deployment Start 10/8/2009 12:00:00AM Operational Tests Passed
Violation 10/8/2009 8:17:31AM
Deployment End 10/8/2009 11:59:59PM Operational Tests Passed
Signs were Posted
State Exhibit
ieecstsvPS 12/01/2009 8:16AM 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: 1220900007678
Document Information: Violation Information:
Document Type: VIOLATION DATA REPORT Violation Date Time: 10/8/2009 8:17:31AM
Version: v 1.0 Violation Location: EB SR-434 WINDING HOLLOW BLVD
WINTER SPRINGS, FL
Issue Date: 10/14/2009 9:05:30AM Plate No./ State: M256DC FL
Appearance Date: 11/4/2009 9:05:30AM Make Model Year:: MERZ 1991
Registered Owner: KATHY L TERRY
Name Address 249 MCKAY BLVD
SANFORD, FL 32771 -1517
Driver:
Name Address
Photo Radar Van Operator:
w5
State Exhibit: 40
/Vcsisvc•s 12/01/2009 8:16AM 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: 1220900007678
NOTES
Note Added By Added Date
Hearing Scheduled ON: 12/15/2009 AT 07:00 PM GTOLLESON 11/10/2009 07:31:32 AM
Hearing Deleted:SET FOR CODE BOARD GTOLLESON 11/10/2009 07:30:48 AM
ONLY A SIGNED HEARING COUPON RECEIVED LGAMBLE 11/04/2009 09:26:10 PM
Review Scheduled ON: 11/10/2009 AT 09:00 AM SYSTEM 10/26/2009 05:36:12 PM
W7fLL
State Exhibit:
c t WS 12/01/2009 8:16AM Page 5 of 5