HomeMy WebLinkAboutOrdinance 2008-309
ORDINANCE NO. 2008- 30Q
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, AMENDING CHAPTER 256 BY CREATING A NEW
ARTICLE ENTITLED "THE CITY OF SUNNY ISLES BEACH
DANGEROUS INTERSECTION SAFETY ACT"; PROVIDING FOR
RECORDED IMAGE MONITORING AND ENFORCEMENT OF RED
LIGHT INFRACTIONS, AND FOR RELA TED PROCEDURES AND
PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach, Florida ("City") is located in a high density
traffic area and regularly experiences traffic incidents related to the failure of motorists to obey
duly erected traffic control devices, which exposes its citizens to the dangers of personal injury
and property damage; and
WHEREAS, the use of unmanned cameras will be effective in enforcing laws requiring
vehicles to stop for red lights; therefore freeing City police personnel to respond to other, and
sometimes more, significant incidents as well as serious crime; and,
WHEREAS, local governments in different parts of the state and country have demonstrated the
enhancement of vehicular and pedestrian traffic safety attributable to the integration of automated image
capture technologies with traditional traffic law enforcement methodology; and
WHEREAS, the City Commission finds that implementation of the red light enforcement
program as set forth herein will promote, protect and improve the health, safety and welfare of its
citizens, consistent with the authority of and limitations on the City pursuant to the Florida
Constitution and Florida statutes.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part ofthis Ordinance upon adoption hereof.
Red Light Camera Ord.
Page I of 13
Section 2. Dane:erous Intersection Safety Act. That the City Code of the City of
Sunny Isles Beach, Florida, is hereby amended by amending Chapter 256 of the City Code
by creating Article III "Dangerous Intersection Safety Act", to read as follows:
Chapter 256: Vehicles and Traffic
***
Article III Dangerous Intersection Safety Act
Section 256-22 Intent.
The purpose of this Article is to authorize the use of an unmanned cameras/monitoring
system to promote compliance with red light signal directives as proscribed by this Article, and to
adopt a civil enforcement system for red light signal violations. This Article will also 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.
Section 256-23 Use of Image Capture Technologies.
The City shall utilize image capture technologies as a supplemental means of
monitoring compliance with 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 supercede, infringe, curtail or impinge
upon state laws related to red light signal violations or conflict with such laws. The City shall
utilize image capture technologies as an ancillary deterrent to traffic control signal violations and
to thereby reduce accidents and injuries associated with such violations. Notices of Infractions
issued pursuant to this Article shall be addressed using the City's Special Masters pursuant to
Chapter 14 of the City Code of Ordinances and not through uniform traffic citations or county
Red Light Camera Ord.
Page 2 of 13
courts. However, this shall not bar the use of uniform traffic citations and the county courts when
City police personnel decide not to rely on this Article as the enforcement mechanism for a specific
violation.
Section 256-24 Definitions.
The following definitions shall apply to this Article:
(a) Intersection shall mean 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 shall mean any self-propelled vehicle not operated upon rails or
guideway, but not including any bicycle, motorized scooter, electric personal
assisted mobility device, or moped.
(c) Notice of Infraction shall mean a citation issued for a red zone
infraction.
(d) Owner/Vehicle Owner shall mean the person or entity identified by the Florida
Department of Motor Vehicles, or other state vehicle registration office, as the
registered owner of a vehicle. Such term shall also mean a lessee of a motor
vehicle pursuant to a lease of six months or more.
Red Light Camera Ord.
Page 3 of 13
( e) Recorded Images shall mean Images recorded by a traffic control
signal monitoring system/device:
1. On:
(a) Two or more photographs;
(b) Two or more electronic images;
(c) Two or more digital images;
(d) Digital or Video movies; or
(e) Any other medium that can display a violation; and
2. Showing the rear of a motor vehicle and on at least one Image, clearly
identifying the license plate number of the vehicle.
(f) Red Zone Infraction shall mean a traffic offense whereby a traffic control
signal monitoring system established that a vehicle entered an intersection
controlled by a duly erected traffic control device at a time when the traffic control
signal for such vehicle's direction of travel was emitting a steady red signal.
(g) Special Master shall mean the City's Code Enforcement Special Master.
(h) Traffic Control Signal shall mean a device exhibiting different colored lights or
colored lighted arrows, successively, one at a time, or in combination, using only
the colors green, yellow, and red which indicate and apply to drivers of motor
vehicles as provided in Florida Statutes 9 316.075.
(i) Traffic Control Signal Monitoring System/Oevice shall mean an electronic
system consisting of one or more vehicle sensors, working in conjunction with a
Red Light Camera Ord.
Page 4 of 13
traffic control signal, still camera and video recording device, to capture and produce
recorded images of motor vehicles entering an intersection against a steady red light
signal indication.
Section 256-25 Adherence to Red Light Traffic Control Signals.
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, then before entering
the intersection and shall remain standing until a green indication is shown on the traffic control
signal; however, the driver of a vehicle which stopped 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 the intersecting roadway where the driver has a view of approaching traffic on the
intersecting 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.
Section 256-26 Violation.
A violation of this Article, known as a Red Zone Infraction, shall occur when a vehicle
does not comply with the requirements of Section 256-25 herein. Violations shall be enforced
pursuant to Section 256-28 herein.
Section 256-27 Ninety Day notice; introductory period.
For the first ninety (90) days following the effective date of this Article, unless the driver of a
vehicle received a citation from a police officer at the time of a Red Zone Infraction in accordance
Red Light Camera Ord.
Page 5 of]3
with normal traffic enforcement techniques, the vehicle owner shall receive a courtesy notice of the
violation. Commencing ninety one (91) days after the effective date of this Article, the
vehicle owner is subject to the enforcement provisions as provided herein.:.
Section 256-28 Review of Recorded Images.
(a). The owner of the vehicle which is observed by Recorded Images committing a
Red Zone Infraction, shall be issued a Notice of Infraction. The
Recorded Image shall be sufficient grounds to issue a City Notice of
Infraction.
(b). The City shall designate a Traffic Control Infraction Review Officer, who shall
meet the qualifications set forth in S316.640(5)(A), Florida Statutes, or
any other relevant statute. The Traffic Control Infraction Review Officer shall
review Recorded Images prior to the Issuance of a Notice of
Violation/Infraction Violation/Infraction to ensure accuracy and the
integrity of the Recorded Images. The Traffic Control Infraction Officer
shall also verify that the Traffic Control Monitoring
System/Devices which captured the Recorded Images was
functioning properly at the time the Recorded Images were
captured. Once the Traffic Control Infraction Review Officer has verified
the accuracy of the Recorded Images and functionality of the Traffic
Control Monitoring System/Oevices, he or she shall complete a report,
and a Notice of Violation/Infraction shall be sent to the Vehicle Owner at
the address on record with the Florida Department of Highway Safety and
Red Light Camera Ord.
Page 6 of 13
Motor Vehicles.
Section 256-29 Notice of Violation/Infraction.
The Notice of Violation/Infraction shall include:
(a) The name and address of the Vehicle Owner;
(b) The license plate number and registration number of the vehicle;
(c) The make, model, and year of the vehicle;
(d) Notice that the violation charged is pursuant to this Article;
(e) The location of the intersection where the violation occurred;
(f) The date and time of the Red Zone Infraction;
(g) Notice that the Recorded Images relating to the vehicle and a statement
that the recorded images are evidence of a Red Zone Infraction;
(h) The civil penalty imposed;
(i) Images depicting violation;
G) The procedures for payment ofthe civil penalty and contesting the notice of
infraction;
(k) A signed statement by the Traffic Control Infraction Officer that, based on inspection
of recorded images, the vehicle was involved in a Red Zone Infraction;
(1) Information advising the person alleged to be liable under this Article, the manner
and time in which liability as alleged in the Notice of Infraction may be
appealed and warning that failure to pay the civil penalty or to contest liability in a
Red Light Camera Ord.
Page 7 of 13
timely manner is an admission of liability.
Section 256-30 Vehicle Owner Responsibilities.
A Vehicle Owner receiving a Notice of Infraction may, within twenty one (21) days of the
date of the Notice ofInfraction:
(a) Pay the assessed civil penalty pursuant to instructions on the notice of
infraction: or
(b) Request an appeal pursuant to procedures as outlined in this Article.
The failure to comply with the provisions of this Section within twenty one (21) days from the
date of the Notice of Infraction shall constitute a waiver of the right to contest the Notice of
Infraction and will be considered an admission of liability and in such case an order may be entered
against the violator for an amount up to the maximum civil penalty, plus any administrative costs.
Section 256-31 Appeal to Special Master.
The City's Code Enforcement Special Masters are authorized to consider appeals under
this Article. A hearing shall be scheduled for all notices for which the Vehicle Owner timely
requests an administrative hearing.
(a) Upon receipt of the appeal, the City shall schedule a hearing before the
Special Master pursuant to Chapter 14 of the City Code.
(b) The following shall be permissible grounds for an appeal:
(i) At the time of the infraction, the vehicle was not under the care, custody,
Red Light Camera Ord. Page 8 of 13
or control of the Vehicle Owner or an individual with the Vehicle
Owner's consent, established pursuant to affidavit as provided in
256-32;
(ii) 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;
(iii) The motor vehicle driver was required to violate the steady red traffic
control signal in order to comply with other governing laws;
(iv) The motor vehicle driver was required to violate the steady red traffic
control signal in order to reasonably protect the property or person of
another;
(v) The steady red traffic control signal was inoperable or malfunctioning; or
(vi) Any other reason the Special Master deems appropriate.
(c) The hearing shall be held pursuant to the procedures set forth in Chapter 14 of the
City Code. The Traffic Control Infraction Review Officer may testify at the
hearing. The Vehicle Owner may present testimony and evidence.
(d) Recorded Images indicating a Red Zone Infraction, verified by the Traffic Control
Infraction Review Officer, are admissible in any proceeding before the City's
Special Master to enforce the provisions of this Article, and shall constitute
prima facie evidence of the violation.
Red Light Camera Ord.
Page 9 of 13
(e) Unless an affidavit is provided pursuant to Section 256-32, it is presumed
that the person registered as the Vehicle Owner with the Florida Department of
Motor Vehicles or any other state vehicle registration office, or an individual
having the owner's consent, was operating the vehicle at the time of a Red Zone
Infraction.
Section 256-32 Vehicle Owner Affidavit of Non-responsibility
In order to for the Vehicle Owner to establish that the motor vehicle was at the time of
the Red Zone Infraction, in the care, custody, or control of another person without the consent
of the registered owner, the Vehicle Owner is required, within twenty (20) days from the
date listed on the Notice of Infraction, to furnish to the City, an affidavit setting forth the
circumstances demonstrating that the motor vehicle was not in the Vehicle Owner's care
custody or control, or that of a person with Vehicle Owner's consent. The affidavit must
be executed in the presence of a notary, and include:
(a) If known to the Vehicle Owner, the name, address, and the driver
license number of the person who leased, rented or otherwise had care,
custody, or control of the motor vehicle at the time of the alleged Red
Zone Infraction; or
(b) If the vehicle was stolen, the police report indicating the vehicle
was stolen at the time of the alleged Red Zone Infraction.
(c) The following language immediately above the signature line:
"Under penalties ofpeIjury, I declare that I have read the foregoing affidavit
and that the facts stated in it are true."
Red Light Camera Ord.
Page 10 of 13
The Vehicle Owner may present an affidavit pursuant to this Article, as a defense in any
proceeding before the Special Master~
Section 256-33 Penalties.
A violation of this Article shall be deemed a non-criminal, non-moving violation for
which a civil penalty in the amount of $125.00 (one hundred and twenty five dollars) shall be
assessed for the first offense. A civil penalty in the amount of $250.00 (two hundred and fifty
dollars) shall be assessed for a second violation of this Article, and each additional violation shall
be assessed in the amount of $500.00 (five hundred dollars). As the violation relates to this
Article and not the State Statutes, no points as provided in 9 322.27, Florida Statutes, shall be
recorded on the driving record of the vehicle owner or responsible party.
Section 256-34 Administrative Charges.
In addition to the assessment pursuant to Section 256-33 herein, administrative charges in
the amount of the City's actual costs may be assessed in the event of an unsuccessful appeal or
the necessity to institute collection procedures.
Section 256-35 Collection of Fines.
The City may establish procedures for the collection of a penalty imposed herein, and
may enforce such penalty by civil action in the nature of a debt.
Section 256-36 Exceptions.
This Article shall not apply to Red Zone Infractions involving vehicle collisions or to any
authorized emergency vehicle responding to a bona fide emergency; nor shall a Notice of
Infraction be issued in any case where the operator of the vehicle was issued a citation for
violating the state statute regarding the failure to stop at a red light indication.
Red Light Camera Ord.
Page 1 ] of 13
Section 3. Severability. If any section, sentence, clause, or phrase of this Ordinance is
held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portions of this Ordinance.
Section 4. Inclusion in Code. It is the intention of the City Commission of the City of
Sunny Isles Beach, Florida, that the provisions of this Ordinance shall become and be made a
part of the City of Sunny Isles Beach, Florida, Code of Ordinances; and that the sections of this
Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to
"section," "article," or such other appropriate word or phrase in order to accomplish such
intentions.
Section 5. Effective Date. This Ordinance shall become effective ten (10) days after
adoption on second reading.
PASSED and ADOPTED on First Reading the ~ ~1, day of _~U tV t:
,2008.
PASSED and ADOPTED on Second Reading the ~day of ~ (A L Y
,2008.
ATTEST:
~I\~
Jane . Hmes, CMC, City Clerk
Red Light Camera Ord.
Page 12 of 13
I
VOTE AS FOLLOWS:
Mayor Norman S. Edelcup
Vice Mayor Lewis Thaler
Commissioner Roslyn Brezin
Commissioner Gerry Goodman
Commissioner George "Bud" Scholl
Red Light Camera Ord.
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Seconded by: Comm".5Si onY' 0 re.:z..iY1
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CITY OF SUNNY ISLES BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN that the City Commission of the City of
Sunny Isles Beach, Florida, will hold a public hearing in the Sunny Isles
Beach Government Center, Oavid P. Samson Commission Chambers,
18070 Collins Avenue, Sunny Isles Beach, Florida, on Thursday, July
17, 2008, at 6:30 p.m., to consider final adoption of the following
proposed Ordinances:
AN ORDINANCE OF THE CllY COMMISSION OF THE CllY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 2.3 (B)
"RESIOENTIAL AREAS" TO PERMIT THE REORAWING OF
RESIOENTIAL VOTING AREAS BOUNOARIES BY ORDINANCE
BASED ON POPULATION GROWTH; AMENDING SECTION 2.3(B)
TO CONVERT THE AT-LARGE SEAT ON THE CtTY COMMISSION
TO A RESIDENTIAL VOTING AREA SEAT; PROVIDING FOR
REOUiSITE BALLOT LANGUAGE FOR SUBMISSION TO THE
ELECTORATE; PROVIOING FOR COPIES OF THE CHARTER
AMENOMENT TO BE AVAILABLE FOR PUBLIC iNSPECTION;
CALLING A SPECIAL ELECTION ON THE PROPOSED CHARTER
AMENDMENTS TO THE CITY CHARTER TO BE HELD IN
CONJUNCTION WITH THE GENERAL ELECTION ON TUESDAY,
NOVEMBER 4, 2008; PROVIOING FOR NOTICE OF ELECTION;
PROVIDiNG FOR BALLOTING AND ELECTION PROCEDURES;
PRDVIDING FOR SEVERABILllY; PROVIDING FOR INCLUSION IN
THE CHARTER; AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AMENDING THE CllY CHARTER AND CITY
CODE DF ORDINANCES TO CHANGE THE OATES OF GENERAL
AND RUN-OFF ELECTIONS OF THE CllY ANO FOR THE RELATEO
EXTENSION OFTHE TERM OF OFFICE ANO THEALLOWEO LENGTH
OF SERVICE; PROVIDING REQUISITE BALLOT LANGUAGE FOR
SUBMISSION TO THE ELECTORATE; CALLING A SPECIAL ELECTION
ON THE PROPOSED CHARTER AMENDMENTS TO THE CITY CHARTER
TO BE HELD ON NOVEMBER 4, 2008; PROVIDING FOR NOTICE OF
ELECTION; PROVIDING FOR BALLOT ELECTION; PROVIDING FOR
INCLUSION IN THE CHARTER; PROVIDING FOR REPEAL, CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION DF THE CllY OF SUNNY
ISLES BEACH, FLORIDA, AMENDING CHAPTER 256 BY CREATING
A NEW ARTICLE ENTITLED "THE CITY OF SUNNY ISLES BEACH
DANGEROUS INTERSECTION SAFETY ACT"; PROVIDING FOR
RECOROED IMAGE MONITORING ANO ENFORCEMENT OF REO
LIGHT INFRACTIONS, AND FOR RELATED PROCEDURES AND
PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
Inquiries regarding these items may be directed to the City Clerk at
305-792-1703. Copies of these documents are available for public
inspection during normal business hours in City Hall.
Jane A. Hines, CMC, City Clerk
All persons are invited to appear at this meeting or be represented by an
agent, or to express their views in writing addressed to the City Commission
c/o the City Clerk. Cityot Sunny Isles Beach, 18070 CollinsAvenue, Sunny Isles
Beach, Florida, 33160.Any person wishing to address the City Commission at
a public hearing is asked to register with the City Clerk by completing a public
speakers' card prior to the item being heard. The hearing on these matters
may be continued at this meeting and under such circumstances, additional
legal notice would not be provided. If a person decides to appeal any decision
made by the City Commission with respect to any matter considered at such
meeting, they will need a record of the proceedings and, for such purpose,
may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be
based. This notice does not constitute consent by the City for introduction
or admission of otherwise inadmissible or irrelevant evidence, nor does it
authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act, all persons who are
disabled and who need special accommodabons to participate in this meeting
because of that disability should contact the City Manager at 305-947 -0606,
no later than 4B hours prior to the proceedings; it hearing impaired, please
telephone the TTY line at 305-792-1590 tor assistance.
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TO:
FROM:
DA TE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33 160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edeleup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
George "Bud" Scholl, Commissioner
A. .John Szerlag, City Manager
Hans Ottinot, City Allorney
.Jane A. Hines, City Clerk
MEMORANDUM
The Honorahle City commiSSio{\S
A. John Szerlag, City Manag~
June 19,2008
Use of Video Cameras for Anti Red Light Running Campaign
Please be advised that city management has already done much work toward securing a company
to install red light cameras. In fact, we are going to recommend piggybacking the City of
A ventura's contract with A TS to install, operate, and maintain the system. I anticipate placing
this item on the July agenda. And if all goes well, the red light cameras can be operational
before the year's end.
As always, please feel free to contact me should you have any questions.
AJS/iw
Agenda Item
qQ,
1- {i-61!
Commission - Video Cameras For Anti Red 1.ight Campai!,'fl ;"lemo /'ina!
Date
I
City of Sunny Isles Beach
18070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3 I I 3 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin, Vice Mayor
Gerry Goodman, Commissioner
Lewis Thaler, Commissioner
George "Bud" Scholl, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City AI/orney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
TO: The Honorable City Commissio
DATE: June 19, 2008
FROM: Hans Ottinot, City Attorney -
RE: Ordinance amending Section 256 of the City Code
RECOMMENDATION:
It is recommended that the City Commission approve the attached Ordinance amending Section
256 of the City Code providing for recorded image monitoring and enforcement of red light
infractions, and for related procedures and provisions.
REASONS:
The purpose of this Ordinance is to authorize the installation of red light traffic cameras at
certain high density traffic intersections in the City. The use of unmanned cameras will be
effective in enforcing laws requiring vehicles to stop for red light, therefore freeing City police
personnel to respond to other, and sometimes more significant incidents as well as serious crime.
By adopting this Ordinance, the City will be able to implement a red light enforcement system,
which has been adopted by our neighboring communities. Please note the municipalities have
not received any cooperation from Florida Oepartment of Transportation (FOOT) in using state
roads to enforce such systems.
Agenda Item g ~
Date I A [1 - 06