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Home My WebLink About2010 06 15 Public Hearings 502.1 WSRL-1, WSRL-2, WSRL-3, WSRL-4, WSRL-5, WSRL-6, WSRL-7, WSRL-8. R-1Date: June 15, 2010 The following presentation was shown to the Code Enforcement Board during Public Hearings — New Cases Agenda Number "502.1" by Captain Glenn Tolleson on June 15, 2010: Evidence: WS -1 Code Enforcement Bureau y FL OR �A u v City of Winter Springs Code Enforcement Board Case Number 1221000004110 Albert Elsworth Ford or Jodi L Zirkelbach 1420 Oberlin Ter., Lake Mary, FL. 32746 Section 12 -83 Adherence to Red Light Traffic Control Signal Hearing Request by Respondent — March 16, 2010 Captain Tolleson Code Enforcement Bureau y FL OR �A u v • On February 5, 2010 at 10:58 PM, at the intersection of the East Bound lane 3 SR 434 and Vistawilla DR., a green Jeep, Florida Registration RIP 239 passed through the intersection on a steady red light while making a right turn, captured by video recording traffic control equipment and was in violation of Section 12 -83. • On February 8, 2010, 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 February 9, 2010 to the registered owner Albert Ford or Jodi Zirkelbach. • On March 9, 2010 American Traffic Solutions received Al Ford's affidavit on non - responsibility request but was returned for insufficient information. On March 23 Mr. Ford contacted ATS to contest the infraction and a hearing to the Code Enforcement Board but was advised it was past the due date and a hearing request cannot be made. Additionally, the City did however grant Mr. Ford's request for hearing on March 31, 2010. • On March 31, 2010 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 May 18 at his request. Case continued to June 15, 2010. CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road Winte -r Springs, FL 32746 Violation Evidence Report 99 s Complaint Number: Doc*et Number: Document Number: 12214COOD411D -tale Exhibit 2 mus v s 04 10 5 L4h1 Page 2 Df 5 CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road Winter Springs, FL 32708 Violation Evidence Report 9 Complaint Number: docW Number. Document Number: 1 22 1 0 00074 1 1 0 WSRL nme EKh bit: 3 AMEM&_ -S G<21=0 5Ja1AM Page aaf 5 CITY OF WINTER SPRINGS RED LIGHT CAMERA EN FORCEMENT 1126 E. State R -Dad Winter Springs, FL 32706 Violation Evidence Report Complaint Number Docket Number. Document Number: 1 22 1 000004 1 1 0 WSRL swe Exhibk 4 +sue x+r�a9 0411112010 5101AM Page 4 of 5 Video Recording of Violation PHOTO OF PROPERLY INSTALLED SIGNAGE a document 4E Lc- r icn= IXI Signs wer-a Pasted E6 ZR -34 0 VISTAWILL -A aR Event Qate i Tirne s ta"i s Dhepioymertt Start lrwlatian D+e�ert End 21- 12:00:DOAM 2 SJ!2i1-0 10= :55_:S3PM 2 - IV2010 1 1:59:59PIki :DD.raua -a T =sts Passed Ooeraua ^a Tests Passed 1221400404110 WSRL 5 mate E>h i Wt fW2 if2O1O 15=01 Am Paoe 1 of CITY OF WINTER SPRINGS REID LIGHT CAMERA ENFORCEMENT 1126 E. State Road Winter Springs. FL 32706 Violation Evidence Report Complain[ Number: docket Number: Document Number: 1221OCCOD 4110 Document Information: axumentTYpe: VIOLATION DATA REPORT Version: u 1JD Issue Date_ XBIL010 1:10.113PI1I Appearance Date: 3QM010 1:10 :1BPki Phata Radar Van Operator. Violation Information: Violation Date ! Time: 2, 10:58:53P M V I- DeAon_ ES SR -434 @ VISTAWILLA DR WINTER SPRINGS, FL Plate NGJ State: RI P232 FL Make I Made) IYear.: JEEP F20M9 Registered Ovnrer. ALBERT ELSWORTH FORD OR JODI L Name I Address ZI RKELBACH 1424 OBERLIN TER LAKE MARY, FL 32746-3975 Driver. Name I Address WSRL .131E Exhibit 6 acmtw 04,21.'2010 5-01AM Pape 1 ors CffY OF WINTER SPRINGS REID LIGHT CAMERA ENFORCEMENT 1126 E. State Road W inter Springs. FL 32706 Violation Evidence Report Complain[ Number: docket Number: Document Number: 12210000474110 NOTES Note Added By Added Date Hearing Scheduled ON: 05119,"2010 AT 07:00 PM 4073323314 ALBERT STATED THAT HE WANTED A HEAR NG FOR THIS VIOLATION BECAUSE HE CANNOT IDENTIFY THE DRIVER: INFORMED HIM THAT 0 NOT AN OPTION AT THIS POINT BECAUSE HE IS PAST THE DUE DATE. STATED THAT HE SENT IN INFORMATION IN A PROPER TIME FRAME: APOLOGIZED FOR THE INCONVENIENCE BUT MADE HIM AWARE THAT ONCE DUE DATE PASSES A HEARING REQUEST CANNOT BE MADE Insufficient rrbrrnudm Letter is sent Dn 03!1912010 12:17:02 PM byr JSOLLY RECER+ED AFFIDAVIT WITH UNKNOWN WRITTEN FOR DRIVER. GTOLLESONI 04101!1010 0925 4 AM CdUINONES 03!23(1010 09:03ABAM JSOLLY 03119!1010 12:17M P M JSOLLY 03!19!1010 12:1548 P M WSRL mwE Exhibit T Acm[s v r-B 04, 1 2010 5y01AM Page !S Dt !S Date: June 15, 2010 The following documents were distributed by Captain Glenn Tolleson during Public Hearings — New Cases Agenda Number "502.1" at the Code Enforcement Board Meeting on June 15, 2010: Evidence Exhibits: WSRL -2 WSRL -3 WSRL -4 WSRL — 5 WSRL — 6 WSRL — 7 WSRL — 8 The Respondent document to the June 15, 2010: provided the following Code Enforcement Board on R -1 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: 1221000004110 DATE TIME SPEED PHASE RTIME LANE FRAME 02/05/2010 10:58:52.6 PM 02: R 001.4 3 A WS03 -EB SR -434 @ VISTAWILLA DR 0 • State Exhibit: Aucsimi 04/21/2010 5:01AM 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: 1221000004110 DATE TIME SPEED PHASE RTIME LANE FRAME C2/05/2013 10:58:53.7 PM 021 R CO2.6 3 B WS03 -EB SR -434 @ VISTAWILLA DR • ,i 1 1 ' State Exhibit: ALIcsisvt 04/21/2010 5:01AM 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: 1221000004110 I ,rte 4 T • 1 r •1 SE State Exhibit sS7CS:S V 04/21/2010 5 :01AM Page 4 of 5 r - CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road Winter Springs, FL 32708 Camera Log Report Document #: 1221000004110 Location: EB SR -434 @ VISTAWILLA DR Event Date / Time Status Deployment Start 2/5/2010 12:00:OOAM Operational Tests Passed Violation 2/5/2010 10:58:53PM Deployment End 2/5/2010 11:59:59PM Operational Tests Passed AI Signs were Posted • 4 , State Exhibit ' ascsts 04/21/2010 5:01AM Page 1 of • _ _ I 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: 1221000004110 Document Information: Violation Information: Document Type: VIOLATION DATA REPORT Violation Date / Time 2/5/2010 10:58:53PM Version: v 1.0 Violation Location: EB SR-434 @ VISTAWILLA DR WINTER SPRINGS, FL Issue Date: 3/8/2010 1:16:18PM Plate No./ State: RIP239 FL Appearance Date: 3/23/2010 1:16:18PM Make / Model / Year:: JEEP / 2009 Registered Owner ALBERT ELSWORTH FORD OR JODI L Name / Address ZIRKELBACH 1420 OBERLIN TER LAKE MARY, FL 32746 -3975 Driver: Name / Address Photo Radar Van Operator: ws State Exhibit: ^airs" . s 04/21/2010 5 01AM 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: 1221000004110 NOTES Note Added By Added Date Hearing Scheduled ON: 05/18/2010 AT 07:00 PM GTOLLESON 04/01/2010 09:25:34 AM 4073328310 ALBERT STATED THAT HE WANTED A HEARING FOR THIS VIOLATION BECAUSE HE CQUINONES 03/23/2010 09:03:48 AM CANNOT IDENTIFY THE DRIVER; INFORMED HIM THAT IS NOT AN OPTION AT THIS POINT BECAUSE HE IS PAST THE DUE DATE. STATED THAT HE SENT IN INFORMATION IN A PROPER TIME FRAME; APOLOGIZED FOR THE INCONVENIENCE BUT MADE HIM AWARE THAT ONCE DUE DATE PASSES A HEARING REQUEST CANNOT BE MADE Insufficient Information Letter is sent on 03/16/201012:17:02 PM by JSOLLY JSOLLY 03/16/2010 12:17:02 PM RECEIVED AFFIDAVIT WITH UNKNOWN WRITTEN FOR DRIVER. JSOLLY 03/16/2010 12:15:46 PM G�44. State Exhibit: 7 axsisvPS 04/21/2010 5:01AM Page 5 of 5 • i CITY OF WINTER SPRINGS RED LIGHT CAMERA ENFORCEMENT 1126 E. State Road Winter Springs, FL 32708 DECLARATION /AFFIDAVIT Document Number: 1221000004110 Date Created: 3/18/2010 4:19:15PM 1 WSe gs ok "t City of Winter Springs G -" z Red Light Camera Enforcement - R,DP / ,, AFFIDAVIT OF NON - RESPONSIBILITY Notice of Infraction Number: 22 /0 OO_) V.J 65 Vehicle License Plate Number: / { �jo 2 . .5 9 State: 1 In the space above, you must accurately write the 13 -digit Notice Number that appears in the box in the upper right of the front of the Notice of Infraction. Also please provide the license plate number and state for the vehicle involved in the violation. Please write clearly and make sure you record the information accurately. If the Notice of Infraction Number is unclear or inoorroct, the I coring Officer will not bo able to match your affidavit to y„ur infraction, and the Notice of Infraction will proceed to a collection agency if not paid. I received the City of Winter Springs Notice of Infraction number listed above. At the time of the infraction indicated on the Notice: ❑ Vehicle had been sold (include a copy of the seller's report and complete new Owner's name and address below). ❑ Vehicle had been stolen (include a copy of the police report). ❑ Operator of vehicle received a citation for this infraction from a law enforcement o icer (include copy of citation). ,g/Operator of motor vehicle was complying with governing laws. control signal was inoperable or malfunctioning. MI Driver was required to violate traffic control signal to protect the property or p rson of another. Vehicle was 'n the care, custody or control of another person who is listed below: Name: :0__AL 0V" ," Driver's License No. Address: Street City State Zip Code Under penalties of perjury, I declar- that I have read the foregoing affidavit and that the facts stated i �! 4. IN= 3 Z i D Date - rint • ame Your telephone number Your email address "7 4r vvrd46 AJve�/ 7 v4- 1 1� -z"W 0 . 3-7r4) Your st ta ress v City State Zi• Code Re..ir•. Nt4 - z cog - This affidavit must be notarized and mailed to: Transferred LI osed ❑ City of Winter Springs Violation Processing Center MAR 1 6 2010 P.O. Box 59995 Phoenix, AZ 85076 -9995 F / r -, !;,� su f;ient fit/(/ Dismissed gm i arC Into ma ?ion SUBSCRI re= ' • • SW' N to , efore me on this day of 1" .- Ott' '- • r , Notary • blic ; r �, ;;;Y — i Yt' . ALBERT ELSWORTH FORD, II . � iy , l � ., MY COMMISSION a D0894781 i V1.2 ` Ma 0 EXPIRES June 01, 2013 i `, __ Li (b 7)3M -0153 FMMalloUrre.rvica.com *MaliVPS' 04/21 /2010 5:01AM Page 1 of 1 •, Date: June 15, 2010 The following document was provided to the Code Enforcement Board during Public Hearings — New Cases Agenda Number "502.1" by the Respondent, Mr. Albert Elsworth Ford on June 15, 2010: Evidence: 1'1I Advisory Legal Opinion - Traffic, use of unmanned cameras Page 1 of 5 R I Florida Attorney General Advisory Legal Opinion Number: AGO 2005 -41 Date: July 12, 2005 Subject: Traffic, use of unmanned cameras Mr. Samuel S. Goren City of Pembroke Pines Attorney 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 RE: MUNICIPALITIES - UNIFORM TRAFFIC CONTROL LAW - ORDINANCES - CAMERAS - use of unmanned cameras to monitor traffic violations. Ch. 166, Fla. Stat., and s. 316.075, Fla. Stat. Dear Mr. Goren: On behalf of the Pembroke Pines City Commission you have asked for my opinion on essentially the following questions: 1. May the City of Pembroke Pines enact an ordinance authorizing the city to monitor violations of traffic signals within the city? 2. If the answer to Question One is "yes," may the city use unmanned cameras to monitor intersections and document traffic violations? 3. If the answers to Questions One and Two are both "yes," may the city use the photographic evidence from the unmanned cameras to advise a car owner of a violation? 4. If the answers to Questions One and Two are "yes," may the city use its code enforcement special magistrate, and enforcement procedures provided in Chapter 162, Florida Statutes, to enforce violations of traffic signals? 5. If the answers to Questions One and Two are "yes," is the city authorized to install the unmanned cameras at intersections for state and /or county roads as long as all authorities with jurisdiction over such roads consent and use the photographic evidence in the same manner as the city for violations documented at intersections involving only city streets? According to your letter, the City of Pembroke Pines seeks to http:// www. myfloridalegal .com /ago.nsf /printview /CE01 BE293FCEEA208525703C00720... 6/15/2010 , Advisory Legal Opinion - Traffic, use of unmanned cameras Page 2 of 5 enhance public safety within the city by attempting to reduce dangerous driving behavior relating to the failure to obey red light indications on traffic signal devices, a laudable goal. The city commission desires to enact an ordinance authorizing the city to monitor traffic signals within the city. The city would install unmanned cameras at intersections within the city to record vehicles that fail to stop for red lights. The photographic evidence from the unmanned cameras would be used to advise the vehicle's owner of the violation. Questions One and Two Chapter 316, Florida Statutes, is the "Florida Uniform Traffic Control Law." Section 316.002, Florida Statutes, expresses the legislative intent for adopting this law, stating: "It is the legislative intent in the adoption of this chapter to make uniform traffic laws to apply throughout the state and its several counties and uniform traffic ordinances to apply in all municipalities. The Legislature recognizes that there are conditions which require municipalities to pass certain other traffic ordinances in regulation of municipal traffic that are not required to regulate the movement of traffic outside of such municipalities. Section 316.008 enumerates the area within which municipalities may control certain traffic movement or parking in their respective jurisdictions. This section shall be supplemental to the other laws or ordinances of this chapter and not in conflict therewith. It is unlawful for any local authority to pass or to attempt to enforce any ordinance in conflict with the provisions of this chapter." (e.s.) The Legislature clearly recognized the authority of municipalities to adopt certain local legislation to control traffic and parking within municipalities. In section 316.008, Florida Statutes, the traffic control law enumerates several areas that local authorities are authorized to address, including, "[r]egulating, restricting, or monitoring traffic by security devices or personnel on public streets and highways, whether by public or private parties . . . . "[1] As this office concluded in Attorney General's Opinion 97 -06, the use of an unmanned camera to record vehicles that do not remain stopped and standing at a steady red light as required by section 316.075(3)(a), Florida Statutes, would appear to fall within the scope of this authority. Thus, it is my opinion that the City of Pembroke Pines is authorized by the terms of section 316.002 and 316.008, Florida Statutes, to enact an ordinance authorizing the city to monitor violations of traffic signals within the city and to use unmanned cameras to http:// www. myfloridalegal .com /ago.nsf /printview /CE01 BE293FCEEA208525703C00720... 6/15/2010 , Advisory Legal Opinion - Traffic, use of unmanned cameras Page 3 of 5 monitor intersections and record traffic violations. Question Three As discussed above, it is my opinion that the City of Pembroke Pines is authorized to monitor violations of traffic signals within the city and to use unmanned cameras to record the license tag numbers of cars involved in such violations. It is a rule of statutory construction that an express power duly conferred may include the implied authority to use the means necessary to make the express power effective, although such implied authority may not warrant the exercise of a substantive power not conferred.[2] The City of Pembroke Pines is granted the authority to regulate and monitor traffic on municipal streets. The express power to regulate and monitor would appear to encompass the authority to advise those in violation of local ordinances that their actions had been recorded by traffic cameras installed to detect such violations. I see no impediment to the city taking such steps in a public safety effort to reduce dangerous driving behavior relating to the failure to obey red light indications on traffic signal devices. Therefore, it is my opinion that the City of Pembroke Pines may use the photographic evidence from unmanned cameras to advise a car owner that his or her license tag number has been recorded in a violation of the traffic laws. Question Four and Five In a 1997 Attorney General Opinion requested by Palm Beach County, this office considered whether a county could enact an ordinance authorizing the use of unmanned cameras at traffic intersections for the purpose of issuing citations for violations of section 316.075, Florida Statutes. Attorney General Opinion 97 -06 concluded that the use of unmanned cameras to detect vehicles that do not remain stopped and standing at a steady red light as required by section 316.075(3)(a), Florida Statutes, would appear to come within the scope of statutory provisions authorizing local governments to monitor traffic by security devices on public streets and highways. The problem identified in the opinion was whether unmanned "electronic traffic infraction detectors" may independently be used as the basis for issuing citations for violations of these traffic laws. The provisions of the Uniform Traffic Code require that citations be issued when an officer "observes the commission of a traffic infraction [ . ] " [3] (e. s .) Thus, in order for citations for violations of traffic control laws to be issued, the statutes appear to require that an officer enforcing the traffic law personally observe or have personal knowledge of the particular infraction that http:// www. myfloridalegal .com /ago.nsf /printview /CE01 BE293FCEEA208525703C00720... 6/15/2010 Advisory Legal Opinion - Traffic, use of unmanned cameras Page 4 of 5 serves as the basis for issuing the citation. The opinion concluded that nothing precludes the use of unmanned cameras to record violations of section 316.075, Florida Statutes, but a photographic record of a vehicle violating traffic control laws may not be used as the basis for issuing a citation for such violations. This office has suggested that legislative amendments would be necessary to allow the photographic record from unmanned cameras monitoring intersections to be used as the sole basis for issuing citations. Chapter 316, Florida Statutes, contains provisions regulating traffic control signal devices and mandating a vehicular stop at a red light. Section 316.075, Florida Statutes, designates the colors to be used for traffic control signal lights used to control traffic, including municipal traffic, and requires that "the lights shall indicate and apply to drivers of vehicles and pedestrians" as described therein.[4] Pursuant to section 316.075(1)(c)1., Florida Statutes: "Vehicular traffic facing a steady red signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until a green indication is shown . . . The statute recognizes that municipal and county authorities may take certain actions to regulate traffic turning on a steady red signal.[5] The statute makes a violation of section 316.075, Florida Statutes, a noncriminal traffic infraction, punishable pursuant to Chapter 318 as a moving violation.[6] Thus, Chapter 316, Florida Statutes, contains enforcement and penalty provisions for violations of traffic control signal lights. In light of the proscription contained in section 316.007, Florida Statutes, that "no local authority shall enact or enforce any ordinance on a matter covered by this chapter unless expressly authorized," this office continues to be of the opinion expressed in Attorney General Opinion 97 -06 that legislative changes are necessary before local governments may issue traffic citations and penalize drivers who fail to obey red light indications on traffic signal devices. Sincerely, Charlie Crist Attorney General CC /tgh htt p: / /www.myfloridalegal.com/ ago. nsf/ printview/ CE01BE293FCEEA208525703C00720 ... 6/15/2010 Advisory Legal Opinion - Traffic, use of unmanned cameras Page 5 of 5 [1] Section 316.008(1) (w), Fla. Stat. [2] See, e.g., Molwin Investment Company v. Turner, 167 So. 33 (Fla. 1936); Gessner v. Del -Air Corp., 17 So. 2d 522 (Fla. 1944); cf. Thayer v. State, 335 So. 2d 815, 817 (Fla. 1976); Dobbs v. Sea Isle Hotel, 56 So. 2d 341 (Fla. 1952); Ideal Farms Drainage District v. Certain Lands, 19 So. 2d 234 (Fla. 1944). [3] Section 316.640(5) (a), Fla. Stat. [4] See s. 316.075(1) (a), indicating the actions to be taken when a green indication is given; s. 316.075(1) (b), Fla. Stat., providing direction when a steady yellow indication is presented; and s. 316.075(1)(c), Fla. Stat., relating to a steady red indication. [5] See 316.075(1) (c) 1. a. and b., Fla. Stat., allowing counties and municipalities to prohibit right turns against a steady red signal at any intersection and to prohibit a left turn onto a one -way street intersecting another one -way street at a steady red signal. [6] See 316.075(4), Fla. Stat. http:// www. myfloridalegal .com /ago.nsf /printview /CE01 BE293FCEEA208525703C00720... 6/15/2010