HomeMy WebLinkAboutOrdinance 2010-13 Red Light Code Enforcement Infraction Amending City Code ORDINANCE NO. 2010 -13
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AMENDING THE
CITY CODE BY AMENDING CHAPTER 12, TRAFFIC AND
VEHICLES, ARTICLE IV, "RED LIGHT CODE
ENFORCEMENT INFRACTION"; PROVIDING FOR
RECORDED IMAGE MONITORING AND ENFORCEMENT
OF RED LIGHT TRAFFIC CONTROL SIGNALS
CONSISTENT WITH GENERAL LAW AS PROVIDED BY
CHAPTER 2010 -80, LAWS OF FLORIDA (2010);
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION; PROVIDING FOR SAVINGS,
RATIFICATION AND RESERVATION OF RIGHTS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature passed CS /CS /HB325 during the 2010
Legislative Session authorizing the use of traffic infraction detectors to enforce certain
provisions of Chapter 316 of the Florida Statutes; and
WHEREAS, the Governor of the State of Florida signed CS /CS /HB325 into law
on May 13, 2010, resulting in the certain creation of Chapter 2010 -80, Laws of Florida
(2010) (the "Mark Wandall Traffic Safety Act" or the "Act ") taking effect on July 1, 2010;
and
WHEREAS, the running of red lights continues to be a safety hazard affecting
every citizen and traveler in the City of Winter Springs; and
WHEREAS, the City wishes to further reduce the running of red lights by
amending its Code of Ordinances to implement the Act; and
WHEREAS, the City Commission finds that the provisions of Ordinance 08 -27,
City Code Sections 12 -80 through 12 -96, of the City Code, which were previously
authorized by the City's Home Rule authority and by Sec. 316.008(1)(w), Florida
Statutes, will be as of July 1, 2010, preempted by the State as provided by Section 3 of
the Act; and
WHEREAS, the City Commission desires to amend Sections 12 -80 through 12-
96 of the City Code so as to conform with and implement the Act.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA:
Section 1. Recitals Adopted. The foregoing "WHEREAS" clauses are hereby
ratified and confirmed as being true and correct and are hereby made a specific part of
this Ordinance upon adoption hereof.
Section 2. Section 2. Code Amendment. The City of Winter
Springs Code, Chapter 12, Motor Vehicles and Traffic, is hereby amended as follows:
(underlined type indicates additions and strikeout type indicates deletions, while
asterisks ( * * *) indicate a deletion from this Ordinance of text existing in Chapter 12. It is
intended that the text in Chapter 12 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance).
CHAPTER 12 Motor Vehicles and Traffic
* **
Article IV. Red Light Code Enforcement Infraction.
Sec. 12-80. Legislative findings and intent/purpose.
(b} The purpose of this Article is to authorize the use of unmanned
traffic infraction detectors to promote compliance with red
light signal directives as set forth in this Article, and to adopt a civil enforcement 'system
for red light signal violations, all in accord with general law, including Chapter 2010 -80,
Laws of Florida (2010) (the "Mark Wandall Traffic Safety Act" or "Act "). This Ordinance
will supplement law enforcement personnel in the enforcement of red light signal
violations and shall not prohibit law enforcement officers from issuing a citation for a red
light signal violation in accordance with normal statutory traffic enforcement techniques.
Sec. 12-81. Use of traffic infraction detectors ' .
The City shall utilize • • .. _ _ . - _ . • _ _ _ . . - _ .. _ : - • . traffic
infraction detectors pursuant to general law as a supplemental means of monitoring
compliance with the state laws related to traffic control signals, while assisting law
enforcement personnel in the enforcement of such laws, which are designed to protect
and improve public health, safety and welfare. This Section shall not supersede,
infringe, curtail or impinge upon state laws related to red light signal violations or conflict
with such laws. The City may shall utilize ' traffic infraction
detectors as an ancillary deterrent to traffic control and traffic signal violations and
thereby reduce accidents and injuries associated with such violations. Notices —of
Sec. 12-82. Definitions. For purposes of this Article, the following words and
phrases shall have the following ascribed meaning:
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(a). Intersection means the area embraced within the prolongation or
connection of the lateral curb line; or, if none, then the lateral boundary lines of the
roadways of two roads which join or intersect one another at, or approximately at, right
angles; or the area within which vehicles traveling upon different roads joining at any
other angle may come in conflict.
(b). Motor vehicle means the meaning set forth in the definition in Section
316.003 (21), Florida Statutes, or its successor provision.
kl (el) . Owner means the person or entity identified by the Florida
Department of Highway Safety and Motor Vehicles, or other State vehicle registration
office, as the registered owner of a vehicle. _ . _ - - ••• _ - - - _ •• _ -
(dZ 4e) . Recorded Images means images recorded by a trafs- sontrel -signal
traffic infraction detector which is operated in accordance
with the Act.
1. On:
Ltl(f). Red Zone Infraction means a traffic offense whereby a tfa#is- sentrol -- signal
- " • _ - - - - - - - = - - -""•e - - _ - - - - - - - . traffic infraction
detector indicates a violation of Section 12 -83.
-• -- • - - -' "e•-•:": - - - •• -- ••=,'. - • _ _- •- - " ' - _ - - - - - - - - - _ •- _ , - - - - - - - - - - - -
s i g n a l
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(f). Traffic infraction defector. A vehicle sensor(s) installed to work in
conjunction with a traffic control signal and a camera or cameras synchronized to
automatically record two or more se p hot og ra p hic or electronic images ,or
streaming video of only the rear of a motor vehicle at the time the vehicle fails to stop
behind the stop bar or clearly marked stop line when facing a traffic control signal
steady red light.
(g). Traffic Infraction Enforcement Officer. The City Police Department
employee(s) designated, pursuant to subsection 12 -86(b) herein, to review recorded
images and issue red zone infractions based upon those images.
Sec. 12 -83. Adherence to red light traffic control signals.
(a). Pursuant to general law, a A motor vehicle 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, then before entering the intersection, and shall remain
standing until a green indication is shown on the traffic control signal; provided,
however, the driver of a motor vehicle which is stopped approaching a clearly marked
stop line, or if none, is approaching 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
in a careful and prudent manner (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.
(b). Pursuant to general law, motor vehicles facing a traffic control signal that
is malfunctioning, inoperable or is emitting a flashing_ red light shall stop at a clearly
marked stop line, but if none, before entering the crosswalk on the near side of the
intersection, or if none, then at the point nearest to the intersection roadway where the
driver has a view of approaching traffic on the intersecting roadway before entering the
intersection, and the right to proceed shall be subject to the rules applicable after
making a stop at a stop skin. In the event that only some of the traffic control signals
within an intersection are malfunctioning, inoperative or emitting a flashing red light the
driver of the vehicle approaching the malfunctioning, inoperative or flashing red traffic
control signal shall stop in the above prescribed manner.
Sec. 12-84. Violation. A violation of this Article (Red Zone Infraction) shall
occur when a vehicle does not comply with the requirements of Section 12 -83.
Violations shall be enforced pursuant to F.S. § 316.0083.
• - • - °; - - - - - • - = d. Until such time as tho City
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Sec. 12-85. Implementation of General Law.
Within the City. the City Ma aaer is authorized to i • lement t e • rovisions and
re•ui -i en if ia• er . 011 -81 Las • Fl• '•a 21 I m- b- . e • -d fr.
im- • tim- -n• n a a - a a 'o whi 1 's n- es . r for h • _ • • -
Sec. 12 -86. Review of recorded images.
(a). The owner observed by recorded images committing a red zone infraction
shall be issued a notice of infraction no later than thirty (30) days after the red zone
infraction occurs. The recorded image shall be sufficient grounds to issue a notice of
infraction.
(b). The City shall designate one or more Traffic Infraction
Enforcement Officers, who shall be Police Officers of the City and who shall meet the
qualifications set forth in Section 316.640, Florida Statutes, or any other relevant
statut-, - _ _ • _ - _ - •• - - _ • - _ e• . The Traffic Infraction Enforcement
Officer - - • e' - - _ - - shall review recorded images prior to the
issuance of a notice of infraction to ensure accuracy and the integrity of the recorded
images. The Traffic Infraction Enforcement Officer - • - -e' e •- - _ •_ _ • -7 shall
also verify that the traffic infraction detector -e' _ ••:'• _ •_ _ 7. - _ _ - - that
captured the recorded images was functioning properly at the time the recorded images
were captured. Once the Traffic Infraction Enforcement Officer
review o filer= has verified the accuracy of the recorded images and functionality of the
traffic infraction detector - : - _ • _ • - •_ _ _ •- _ - , he or she shall complete a
report review of the violation and authorize enforcement action, and a notice of
violation{infracttiea shall be sent to the owner at the address on record with the Florida
Department of Highway Safety and Motor Vehicles or any other state's vehicle
registration office.
Sec. 12 -87. Notice of violation/Infraction.
Within thirty (30) days after a violation, notification must be sent to the registered
owner of the motor vehicle involved in the violation specifying the remedies available
under F.S. § 318.14, and that the violator must pay the penalty of $158.00 to the City or
furnish an affidavit in accordance with paragraph (11) within thirty (30) days following
the date of the notification in order to avoid court fees, costs, and the issuance of a
traffic citation. The notification shall be sent by first -class mail, and shall include:
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(1). The name and address of the vehicle owner;
(2). The license plate number and registration number of the motor
vehicle;
(3). The make, model, and year of the motor vehicle;
(4). Notice that the infraction violation charged is pursuant to this
Ordinance Article;
(5). The location of the intersection where the violation occurred;
(6). The date and time of the red zone infraction;
lr►#r- aet+en; --e - - - - - - - - - - - - - - (7) A statement that the owner has the right to review the recorded
images that constitute a rebuttable presumption against the owner,
together with a statement of the time and place or Internet location
where the evidence may be examined and observed.
(8)7. Images depicting the infraction, showing the license tag of the
offending vehicle and the traffic control device being violated;
illf-Factien; - - - - - - - - - - - - - - (9). Instructions on all methods of payment of the penalty;
(10). Statement specifying the remedies available under F.S. § 318.14;
(11). A statement that the owner must pay a penalty of $158 to the City
or provide an affidavit supporting an exemption that complies with
F.S. § 316.0083 within thirty (30) days of the date the notice is
issued in order to avoid court fees, costs, and the issuance of a
Uniform Traffic Citation;
8. The civil penalty imposed;
;;
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(12)14.A signed statement by the Traffic Infraction Enforcement Officer
- - - - - - - - - • -= that, based on inspection of recorded
images, the vehicle was involved in a red zone infraction;
12. Information a: • _ -- __ __ - -_ -. _ __ _ _ -•:= • -
_ .. • - - - - - - - - = - •- - - - -
herein.
Sec. 12-88. Uniform Traffic Citation.
If a owner receives a notice and fails to pay the penalty imposed by F.S. §
316.0083 or to provide an affidavit supporting an exemption that complies with the
provisions of F.S. § 316.0083 within thirty (30) days of the date the notice is issued,
then a Uniform Traffic Citation shall be issued to the vehicle owner as provided by
general law. The Uniform Traffic Citation shall be issued no later than sixty (60) days
after the date that the red zone infraction occurs. The owner shall be responsible and
liable for paying the Uniform Traffic Citation unless the owner furnishes, within thirty (30)
days after the date of issuance of the Uniform Traffic Citation, an affidavit supporting an
exemption that complies with F.S. § 316.0083. Upon receipt of an affidavit, the person
designated as having care, custody, and control of the motor vehicle at the time of the
violation may be issued a Uniform Traffic Citation under this Article, and shall be
responsible and liable for paying the citation. The submission of a false affidavit is a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083,
Florida Statutes.
Sec. 12 -89. Signage.
When the City installs a traffic infraction detector at an intersection, it shall erect
signage at the intersection sufficient to notify the public that a traffic infraction detector
may be in use at the intersection and shall include specific notification of intersection
safety camera enforcement of violations concerning right turns. Such signage shall
meet the specifications for uniform signals and devices adopted by the Department of
Transportation pursuant to F.S. § 316.0745.
Sec. 12 -90. Consistency with State Law.
(a). This Article shall be interpreted and applied so that it is consistent with state
law, specifically, Ch. 2010 -80, Laws of Florida (2010) the Mark Wandall Traffic Safety
Act.
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(b). Any amendment to an applicable state law shall automatically apply to the
enforcement and application of this Article, whether or not this Article or any provision
hereof has been amended to specifically address such amendment to state law.
Without limitation, any future amendment regarding the amount of the civil penalty or
the apportionment of the proceeds thereof shall be deemed applied in the enforcement
of this Article, even prior to a specific amendment to this Article to make the Article
expressly consistent with such change in state law with respect to the amount of the
penalty or the apportionment of proceeds thereof.
2. Request an app at pursuant to Section 12 89.
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Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All
prior inconsistent ordinances and resolutions adopted by the City Commission, or parts
of prior ordinances and resolutions in conflict herewith, are hereby repealed to the
extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated
into the Winter Springs City Code and any section or paragraph, number or letter, and
any heading may be changed or modified as necessary to effectuate the foregoing.
Grammatical, typographical, and like errors may be corrected and additions, alterations,
and omissions, not affecting the construction or meaning of this ordinance and the City
Code may be freely made.
Section 5. Severability.If any section, subsection, sentence, clause, phrase,
word or provision of this Ordinance is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, whether for substantive, procedural, or any other
reason, such portion shall be deemed a separate, distinct and independent provision,
and such holding shall not affect the validity of the remaining portions of this Ordinance.
Section 6. Savings, Ratification and Reservation of Rights.
a. In accordance with paragraph (c) below of this Section, all fines penalties,
fees and costs imposed pursuant to the provisions of Article IV of Chapter 12 of the City
Code, which provisions existed immediately prior to July 1, 2010, are hereby authorized,
approved, ratified and confirmed, and shall continue to be due and owing until paid to
City.
b. The Code Enforcement Board operating pursuant to Article IV, Chapter 12
of the City Code, shall continue to have jurisdiction over any violations for which a
hearing has been timely requested by the violator pursuant to the provisions of Article IV
of Chapter 12 of the City Code which existed immediately prior to July 1, 2010.
c. Notwithstanding any other provision of this Ordinance above, the
provisions of the Article IV, Chapter 12 of the City Code, which existed immediately prior
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to July 1, 2010, shall remain in full force and effect solely to the extent necessary to
effectuate paragraphs (a) and (b) above of this Section, but shall not be applicable to
any violation that occurred on and after July 1, 2010.
d. City hereby preserves and reserves each and every right, power,
authority, benefit and exemption bestowed upon City and City's Automated Red Light
Enforcement program ( "Program ") pursuant to CS /HB 325 as enacted by Chapter 2010-
80, Laws of Florida (2010), including but not limited to any right, power, authority,
benefit and /or exemption vested in City or City's program as having been established
prior to July 1, 2010 or before other deadlines established by the Act.
Section 7. Effective date. This Ordinance shall become effective July 1, 2010,
and pursuant to City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a
regular meeting assembled on the 28th day of June, 2010.
ogHN F. BUSH, Mayor
ATTE T
6 F j
A I ' k ` ' O- LUACES, City Clerk
t
Approved as to legal form and sufficiency for
the City of inter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading: June 14, 2010
Second Reading: June 28, 2010
Effective Date: July 1, 2010
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