HomeMy WebLinkAboutOrdinance 2010-347
ORDINANCE NO. 2010- ~
AN ORDINANCE OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA AMENDING ORDINANCE NO. 2008-
309 AND ORDINANCE NO. 2009-331, REGULATING
INTERSECTIONS DETERMINED TO BE DANGEROUS;
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) ("THE MARK WAND ALL TRAFFIC
SAFETY ACT"); PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES
IN CONFLICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE;
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 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 Sunny Isles Beach; 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 No. 2008-309
and Ordinance No. 2009-331, which were previously authorized by the City's Home Rule
authority and by Sec. 316.08 (1)(w), Florida Statutes, will be as of July 1,2010, preempted to the
State as provided by Section 3 of the Act; and
Red Light Camera Ord.
Page 1 of 15
WHEREAS, the City Commission desires to amend Ordinance No. 2008-309 and
Ordinance No. 2009-331so as to conform with and implement the Act.
NOW THEREFORE, BE IT ORDAINED BY TIlE mY COMMISSION OF TIlE mY 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 of this Ordinance upon adoption hereof.
Section 2. Dangerous Intersection Safety Act. That Ordinance No. 2008-309 and
Ordinance No. 2009-331 are hereby amended to read as follows:
Article IV Dangerous Intersection Safety
Section 256-22 Intent.
The purpose of this Article is to authorize the use of an unmanned cameras/monitoring
system traffic infraction detectors to promote compliance with red light signal directives as-
proscribed by this i\rticle, and to adopt a civil enforcement system for red light signal violations~
in accordance with Chapter 2010-80, Laws of Florida (2010) (the "Mark Wandall Traffic Safety
Act" or the "Act"). This Article will alse 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. The City intends that the Mark Wandall Traffic Safety Act govern the City's
Dangerous Intersection Program.
Section 256-23 Use of Image Capture Technologies.
The City shall utilize image capture technologies traffic infraction detectors ft5--ft
supplemental pursuant to the Mark Wandall Traffic Safety Act as a 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
Red Light Camera Ord. Page 2 of ] 5
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. This Article shall
serve to enable the City to provide enhanced enforcement and respect for authorized traffic
signal devices pursuant to Florida Statutes. The City shall utilize image capture technologies
traffic infraction detectors 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 11
of the City Code of Ordinances and not through uniform traffic citations or county 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 !llfmctiol1 Violation or Traffic Citation shall mean a citation issued
for a red zone infraction.
(d) OwnerNehicle Owner shall mean the person or entity identified by the Aorida
Red Light Camera Ord.
Page 3 of 15
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
','ehicle pursuant to a lease of six months or more.
(e) Recorded Images shall mean Images recorded by a traffic control
signal monitoring system1device: infraction detector which IS operated In
accordance with this Article.
1. On:
(a) Tv,o or more photographs;
(b) Two or more electronic images;
(c) Two or more digital images;
(d) Digital or Video movies; or
(e) }1ny other medium that can display a violation; and
2. Sho'Ning 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 ','ehicle entered an intersection
controlled by a duly erected traffic control device at a time "",hen the traffic control
signal for such vehicle's direction of travel was emitting a steady red signal.
infraction
detector
indicates
a
violation
of
this
Article.
(g) Special Master shall mean the City's Code Enforcement Special Master.
W 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
Red Light Camera Ord.
Page 4 of 15
Section 256-25 Adherence to Red Light Traffic Control Signals.
Pursuant to the Mark Wandall Traffic Safety Act,-Mmotor 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 is
approaching stopped at a clearly marked stop line, but if none, is approaching before entering the
crosswalk on the near side of the intersection or, if none, then is approaching at: the point nearest
the intersecting roadway where the driver has a view of approaching traffic on the intersecting
Red Light Camera Ord.
Page 5 of 15
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.
Section 256-26 Red Zone infractions.
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. the Mark Wand all Traffic Safety Act.
Section 256-27 Courtesy Notiee Period.
For the first thirty (30) days follo'lIing the effective date of this ,^uticle, unless the dri'lcr of a
';chicle received a citation from a police officer at the time of a Red Zone Infraction in accordance
with normal traffic enforcement techniques, the vehicle O'Nner shall receive a courtesy noticc of the
yiolation. Commencing thirty one (31) days after the effecti';e date of this ,\rticle, the
vehicle ov;ner is subject to the enforcement provisions as provided herein.
Implementation of the Mark Wandall Traffic Safety Act.
The City Manager is authorized to implement the provisions and requirements of
Chapter 2010-80. Laws of Florida (2010). as may be amended from time to time. and may
take any action which is necessary for such purpose.
Section 256-28 Issuance of notice of infractions; 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-;- III
Red Light Camera Ord.
Page 6 of 15
accordance with the Mark Wandall Traffic Safety Act. The Recorded
Image shall be sufficient grounds to issue a City Notice of Infraction.
(b). The City may utilize Law Enforcement Officers and/or The City shall designate a
Traffic Control Infraction Review Infraction Enforcement Officer, who shall
meet the qualifications set forth in ~316.610(5)(i\), Florida Statutes, or
any other relevant statute. the Mark Wand all Traffic Safety Act. The Traffic
Control Infraction Revievl Officer shall review recorded Images prior to the
issuance of a Notice of 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 '.vhich captured the Recorded Images v;as
functioning properly at the time the Recorded Images 'Nere
captured. the accuracy and integrity of the recorded image. Once the
Traffic Control Infraction Revievl Officer has verified the accuracy of
the Recorded Images and functionality of the Traffic Control Monitoring
System/Devices, he or she shall complete a report, and a Notice of
V iolation/Infraction shall be sent to the Vehicle Owner at the address on
record with the Florida Department of Highway Safety and Motor Vehicles-:-
or the address on record with the appropriate agency having such information in
another state.
Section 256-29 Contents of notice of violation/infraction/hearin2.
+fie. All Notice~ of Violation/Infraction and hearing shall be issued and heard in
Red Light Camera Ord.
Page 7 of 15
~
accordance with the Mark Wand all Traffic Safety Act. include:
(a) The name and address of the Vehicle O\'lller;
(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 ,^.rticle;
(e) The location of the intersection '.",here the violation occurred;
(D The date and time of the Red Zone Infraction;
(g) Notice that the Recorded Images relating to thc yehicle and a statement
that the recorded images are e','idence of a Red Zone Infraction;
(h) The civil penalty imposed;
0) Images depicting violation;
(j) The procedures for payment of the ci'.'il penalty and contesting the notice of
infraction;
(k) ,A. signed statement by the Traffic Controllnfraction Officer that, based on inspection
of recorded images, the vehicle '.vas involved in a Red Zone Infraction;
(1) Information advising the person alleged to be liable under this /\rticle, the manner
and time in which liability as alleged in the Notice of Infraction may be
appealed and ..varning that failure to pay the civil penalty or to contest liability in a
timely marJler is an admission of liability.
Section 256-30 Vekiele OWRer RespoRsibilities. Sign age.
,A. Vehicle OVlfler recei'/ing a Noticc of Infraction may, within t'.venty one (21) days of the
Red Light Camera Ord.
Page 8 of 15
datc of the Notice of Infraction:
(a) Pay the assessed ci'.'il penalty pursuant to instructions on the notice of
infraction: or
(b) Requcst an appeal pursuant to procedures as outlined in this f.rticle.
The failure to comply with the provisions of this Section v.'ithin t\vcnty one (21) days from the
date of the Notice of Infraction shall constitute a waivcr of the right to contest the Notice of
Infraction and 'Nill 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 ci'.'il penalty, plus any administrative costs.
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 &
316.0745, Florida Statutes.
SeetioB 256 31 .AAflfJeal to Speeiall\fasteF.
The City's Code Enforcement Special Masters are authorized to consider appeals under
this .'\rticle. ^ hearing shall be scheduled for all notices for ',vhich the Yehicle Owner timely
requcsts an administrati'/e hearing.
(a) Upon receipt of the appeal, the City shall schedule a hearing before the
Special Mastcr pursuant to Chapter 11 of the City Code.
Red Light Camera Ord.
Page 9 of 15
(b) The following shall be permissible grounds for an appeal:
(i) ,^~t the time of thc infraction, the vehicle \-vas not under the care, custody,
or control of the Vehicle Q'.'lner or an indiyidual '.'lith the Vehicle
O'.vner's consent, established pursuant to affidavit as provided in
256 32;
(ii) The motor vehicle driver vias issued a citation by a la'll enforcement
officer, which Vias separate and distinct from the citation issued under this
Section, for violating the steady red traffic control signal;
(iii) The motor ';ehicle driver Vias required to violate the steady roo traffic
control signal in order to comply with other governing la\vs;
(iv) The motor vehicle driver ,vas required to violate the steady red traffic
control signal in order to reasonably protect the property or person of
another;
(u)
,
The steady red traffic control signal was inoperable or malfunctioning; or
(vi)
,^~ny other reason the Special Master deems appropriate.
(c) The hearing shall be held pursuant to the procedures set forth in Chapter 11 of the-
City Code. The Traffic Control Infraction Revie'.v Officer may testify at the
hearing. The Vehicle Owner may present testimony and e','idence.
(d) Recorded Images indicating a Red Zone Infraction, verified by thc Traffic Control
Infraction Re'/ie','/ Officer, are admissible in any proceeding before the City's
Red Light Camera Ord.
Page 10 of 15
Special Master to enforce the pro';isions of this Article, and shall constitute
prima facie evidence of the violation.
(e) Unless an affidavit is provided pursuant to Section 256 32, it is presumed
that the person registered as the 'l chicle O'tvner with the Florida Department of
Motor 'l ehicles or any other state vehicle registration office, or an indi';idual
having the o'.."ner's consent, was operating the ';ehicle at the time of a Red Zone
Infraction.
SectioR 256 32 Vekiele OWRer l'..ffidavit of NOR respoRsibility
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 '.."ithout the consent
of the registered ovmer, the Vehicle Owner is required, within tv;enty (20) days from the
datc listed on the Notice of Infraction, to furnish to the City, an affidavit setting forth the
circumstances demonstrating that the motor vehicle Vias not in the Vehicle Ovmer's care
custody or control, or that of a person with Vehiclc Ovmer'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 'tyho leased, rented or otherwise had cure,
custody, or control of the motor vehicle at the time of the alleged Red
Zone Infraction; or
(b) If the ';ehicle Vias stolen, the police report indicating the ';ehicle
'.vas stolen at the time of the alleged Red Zone Infraction.
Red Light Camera Ord. Page II of 15
(c) The follo'.ving language immediately above the signature line:
"Under penalties of perjury, I declare that I have read the foregoing affidavit
and that the facts stated in it are true. "
The V chicle O'Nner may present an affidavit pursuant to this ,'\rtic1e, as a defense in any
proceeding before the Special Master.
Section 256-3J.! Penalties for offenses and costs.
'^1 violation of this '^1rtic1e shall be deemed a non criminal, non moving violation for
\vhieh a civil penalty in the amount of $125.00 (one hundred and twenty five dollars) shall be
assessed for the first offense. '^1 civil penalty in the amount of $250.00 (two hundred and fifty
dollars) shall be assessed for a second violation of this j\rticle, and each additional violation shall
be assessed in the amount of $500.00 (five hundred dollars). ,'\s the violation relates to this
,'\rticle and not the State Statutes, no points as pro';ided in ~ 322.27, Florida Statutes, shall be
recorded on the dri'.'ing record of the vehicle ovmer or responsible party.
All penalties and costs shall be collected in accordance with the Mark Wand all Traffic
Safety Act.
Seetian 25ti 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.
Seetian 25ti 35 Colleetian of Fines.
Red Light Camera Ord.
Page 12 of 15
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 25tJ 3tJ Exceptions.
This .'\rticle shall not apply to Red Zonc Infractions involving vehicle collisions or to any
authorized emergency ';chicle responding to a bona fide cmergency; nor shall a Notice of
Infraction be issued in any case v..here the operator of the vehicle Vias issued a citation for
violating the state statute regarding the failure to stop at a red light indication.
Section 3. Conflict. Section 256-22 through Section 256-36 of Ordinance No. 2008-309
and Section 256-27 of Ordinance No. 2009-331, as amended, are hereby repealed.
Section 4. Severabilitv. 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 5. 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 6.
Savines. Ratification and Reservation of Riehts.
A. That, in accordance with paragraph (C) below of this Section 6, all fines,
penalties, fees and costs imposed pursuant to the provisions of Ordinance No. 2008-309 and
Ordinance No. 2009-331, 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
Red Light Camera Ord.
Page 13 of 15
to the City of Sunny Isles Beach.
B. That the Special Master operating pursuant to Chapter 14 of the City Code, as
amended, shall continue to have jurisdiction over any violations for which a hearing has been
timely requested by the violator pursuant to the provisions of Ordinance No. 2008-309 and
Ordinance No. 2009-331 which existed immediately prior to July 1,2010.
C. That notwithstanding any other provision of this Ordinance above, the provisions
of Ordinance No. 2008-309 and Ordinance No. 2009-331, which existed immediately prior 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 6, but shall not be applicable to any violation that
occurred from and after July 1,2010.
D. The City of Sunny Isles Beach hereby preserves and reserves each and every
right, power, authority, benefit and exemption bestowed upon City and City's Dangerous
Intersection Safety Program (the "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 the City or the City's Program as having been established prior to
July 1,2010 or before other deadlines established by the Mark Wandall Traffic Safety Act.
Section 7. Effective Date. This Ordinance shall become effective ten (10) days after
adoption on second reading.
Red Light Camera Ord.
Page 14 of 15
PASSED and ADOPTED on first reading the J,'"' day of ~l'\"(, 2010.
PASSED and ADOPTED on second reading the \5...L~ day of~L Y 2010.
. ATTEST:
~A-~
Jane A. Hines, CMC, City Clerk
AS TO FORM AND
I IENCY
VOTE AS FOLLOWS: S -t;)
Mayor Norman S. Ede1cup
Vice Mayor Lewis Thaler
Commissioner Roslyn Brezin
Commissioner Gerry Goodman
Commissioner George "Bud" Scholl
Red Light Camera Ord.
Moved by: C1~~~'2..IA)
Seconded by: :JlCe.. m~1:d..~
v (Yes)
V (Yes)
------l4 (Yes)
~ (Yes)
~ (Yes)
Page 15 of 15
_(No)
_(No)
_ (No)
_(No)
_ (No)
~he BiamiBeralb m
Publication Date: 07/04/2010
Ad Number:
Insertion Number:
Size:
Color Type:
851410801
851410801
3X10.0
B&W
Client Name:
Advertiser:
Section/Page/Zone:
Description:
CITY OF SUNNY ISLES BEAC
NBRS N EastlNE31/Dade
This E.sheet(R} Is provided as conclusive evidence that the ad appeared In The Miami Herald on the date and page Indicated. You may not create derivative works, or In any way exploit or repurpose any content.
Uf1
~J~
p~'<
~.~~
.l-~
~~_Stl
'[1
~~~
~L
i~~1
...~
~'i:i
'l~~1
~o"i!l
!H;
~;..~
nlf
P:!ig"tll
~~5
hi.
." ~
~~!
S~Ii!
~.
8~~~
mi
!!~[
~!t"~
~~~~
~-.;g
l~!':,
~52.Q
~~(
~~h
~i~
;.iij~
!~
~~?~~m0~5>
Q) ~ I\.J ~ ~ :a a:-o Q
:J 0 ~ r 0 s-:: ace'
","O--.jO_(') "0-"
:J!l!.wR-",mQo51
~g g.w ~ 0-<~;
Q.^'"-'"'Tl:T""UOcn::J
0- ~~ 0" c. a ro ~ a.
~cg ~'5:gg~~~'
:r-<<DQ>Cmom-
<1) ::.... 3 w 3 Cil -. '" .$
S"O<1)w<1> -<co
cn?faoac.oCTo
2' ='\" en ~ en ~. - 2. "2.
g. :0 3 - a S" ~ ;= rn
g" (g~ ~ 3~" 'l' ~~
~1J~"O g.a-b~ m
. :O~5(l)3~m-4
16c-~ Q",.w ~8
OCD_~ :=''''T1a.-u
C/)o~~gQ~~
~S:~OQfr~=
~~'~~~~.g~
o-c..Wcoct)::JCD-o
@ UN. s.a.~a
m'< ~~-o 3-g-o
C-:s.oam~og
O~,O"Tl-g;r@Pl..
~ 5'..., ~::3. a.~ 0
~(Q g CD cB :!! ~ ~
:J" 5'"2. 3"0 ZO.O
(QCDmDla>a. -
~ () ::J "8 Z CD ~.
5f~9.~cn Q~::J
:J --<il !l!.)><1>-o
c-cn::TCDcnr-a.o
CJ>:;:CD.:-+3)>S""
~ ~ ~ .tg~ 6 a? Q
0~-o:!!g.=lc-3
--(1)20.-+-00)
lla9g ~.~~9:
f5~2.~5"
Cf::r ~ Q.l
...... o::r 0
co c ~ :: ()
~ U; ~ 5" ~
0l"'Q ~. :J ~
~Q'gm~
QO~~~
~ ~ ::r
<Jl <D
(ii' "0 ::T
~ g ;
n co n OJ 3
!1> [ g g ~.
~. or ~ ~
y!n.3~
8. :;;
g- ~
:J 0
<Jl t1"
o g
;+
"0 CD'
~ <Jl
o' )>
-g. P-
ar ~
<Jl <Jl
::r"O
o <D
c 9.
cr~
::::;; g:
::r <D
<D
III 0
~'~
3" ~
~ ffi
.~ ~
"0 !!'.
m
III '"
<Jl 0
~ % S' -g
m ~ :f ~
1 g u)' ~
$ .aq ~
~ 0
S' Q.l
~Drto@
:l" ~ [ ~
(1) ~ Q.l 0"
~ ~ ~ [
::r :J
<D 0
5 ~ ~
;.~g:
o <D :J
~ Q ~
;+.:<c:
III _"0
~ ;, g
Q ~
N" ~ 0"
~ c ::r
::r n. ::r
~ c)" (1)
CD :J DJ
~ Q :g
<D III <D
(I) ~ e?.
Q 3
OJ u)'
"0 <Jl
"0 O'
<D :J
~ 9-
:J S
S ::r
o <D
5' ~ --l
CD Vi. ::r
~ <D iii"
Vi. ~' g
(t) a. c)'
!!!. 3 <D
~ ~" C.
(t) a= ~
~ m ~
'< Q 2-
~ ~. g
m :J
< !!i
Q) ;::+
a c:
<D '"
6: g
<D :J
:J <Jl
o <D
!D 3.
"15'"
~ ~
:t ,.
g-g
SZ~
~ I!'
g>~
o Z
~ ~
:::.....~
S~;;
olli~
~ .
:=sn!ll
z ~
" .
':'...~
~...o
~...z
:;; 0
m ,.
0; -<
o '"
~>~
" 0
~a~
::Hlliiii... ,.
~~3:
c'-";';'
:;; "
~ ~
III 5' 3
< <D III
<D '< c.
0- ~ (t)
!.=~
3" m 5'
@ a. CD
g III 0
a~~
9.00
:; a ~
<D So 3
"'C :T Vi"
a CD U)
n "'C o'
m a :J
c. 0 ;1.
~ ~. m :T
~ ~. ~ @
CD en to en
0" ~ : -g
ffl a. :J n.
p-!D.~o
:: Q Q.l
~ ~ ~
~ g. ~
~ -g f.f
~ -g ~
~. ~ ~
[ ~ ~
~ ~ [
~ [ a
OC 0 ~
3' ~ ::T
o <Jl 3
::J c: <D
'< ro !a
[ [~.
~,,-I""
~~=--
i'~I"'I"'I-
1: ~ 1:1I:II ....
~~ ....
~l!!C:::_
~a~. . .
~~:: s: C3
:~~ ~ ~
~~Iu
~~R e ~
~~~ fjj~
p''''~ 811
d:QF
:zr'" "
i!~ gg
~i~=
~~!2N
!l:~~m
;~~ f"',)
~~~ .
\!..~~
li UI
~ -
:;;SlO0
~ ..I\)
~&:O
$ 0 ....
""'11 ::a
r::l 0 ....
~ 0 ....
~Ccn
0<.-
gOe
~?5 ...
5i:I: "a
~mr-
" :II P.
m '<
~g~~"g>~;g
~~Q~~m-g
:J en CD co - en U;
e?.CD~O~:Tg
~~~Q)cn~,:
e?.~g~m~.~
~.~im.g.~~:
CD D:l ~ ::r co S' m
::'<<5 (1) 0:: a.
ocrn>o~a:o
8:~-g~'b'<5~
:JoO"b'=[-g
it"~~"~~~
a a. ~ 6' ~ ~ s:
<!.CD:J~5ur
~:J"~.!.Cng:3
P-U;.Q)Q)smm
::;:3a-g~Q5'
;!:~.gur~to
CD:J"'~rnb'Q
~UJomCD3g
:J~ii5.m~.
~~~<C~~,~
g:53~':!J:lm
g~~~~~~
Dl~c5a..fLl::r~
:gg.~o~~~
m.oa.~o;o~~
~" -.
~c~*~Q~
c.~~~~ra
IIIiii<D;+al0-
(i3'~~_::u;~Q
g.Y>ID~gQ.O
=
c:::>
::E
-.:::J
S
:z:
~
=
Z
Q
I!
:a
(fto
Sii! N ~-.
~ en ~O
:= Q ~c:a
I!!! Q ~ S;
.... en ~ C"":)
g r- ~=-=
== Q c~
.... ..... iJ5:Da
U) ...., > C"":)
en ~ =-=
L
'"
::J
CD
"!>
I
5"
<D
.'"
(')
s:
p
(')
~
o
~
^
::T}>5"
~ g .g
~"~ ~:r
::J 0 <Jl
Q::: m m
.:< ::r '" "T1
I m ~ ~
'" CD C. (')
:= g- ~. ~
g:T m
3 <D 0
~ ~ ~
~ ~ .
CD ~
~ 3
'" '"
= '<
'"
~g
Q'c.
"0 [
~~
cr 0
5"
III g-
al <D
$:1.(')
g"~
c.O
~. ~
'" III
::J -
o w
3 0
e!.~
[~
:r -....I
m 0
<Jl p
o
<1)
c-
o
oP.l
-. :::T
-<CIl
o'
ma:
~':<
o
s::
o
"Oz"''''-!
~"q~~ ffi
8.~a.roQ
o I :T g.~
-r\)CD:J""
~, ~ 0 5. m
::J--.j0"'<1>
~~~~<
..-o@mm
~mn.o:r
;:.g 8" :. CD
Q) -'.-+""""
'< ro ~ (b cO.
'" 3 :e.<Cl :::T
a~~ ~S
3sn.g2:~
::r4Jg~2
CDOCD..-+-o
g.-g~ffi""
ro~~~.~
~Ul~?~,
:: 3 -0 ::t ~
Q~aCDQ)
_:J-o ():J
:::T 0 0 -" '<
CD_~-<Q)
o:;:-_=>
lfi g:g~:;
2,c..~ ::r=
:Jroo~-o
(Q:Eo...,a
:T.-+3CD-o
CD ::1"-0 ~ ~
ro ~. en < eL
a-oCIJCDcn
. ~:;: '" '"
o _, .... :J
'8 ::r ffi a.
~ :T::!. 0"
::~~~
Q -n .-+ <.
"'-00<1>
oZEJ~l1-i
:IJ QI-o$!
~ m:IJ ~
-Os: 0
zS;S~
o^mO
"T1::;;::oz
:D )> (IJ --l
mz-<:IJ
jJjJ~o~
~gjf=~Ul
~~j~~
G)~::1~~
oiJjogg
JJ.' en l' z
:IJ~~Ul
~~9~~
mc)>::;;::~
~ZOUl
S!!G)jo~
C:I> -. "T1 I
;!FjJ;I)G)
-o~~~~
:IJQQ5m
o~z)>~
~zG)~r
Q(')"T1~S:;
~gj~.9::;;::
~
'ii
o
~
o
z
)>0
zz
o
~z
~--l
~ffi
::1(')
~8
OJ11
"T1
:IJ-o
G5:IJ
IO
--l <
y?5
-oZ
:IJG)
o
<"T1
50
z:IJ
~~
~z
~ .ffi
o
zO
OZ
r;I)
Via
.-:1
:;: 0 )> - )>\ m
=-mzCllz "
)>rr1oh;o "T1
~:IJ cn:IJ ~
s:~~~ ~
:!:zo)>)> m
~[g~(')z 0
ab~~~ ~
:IJ1:Il 0"T1
~m5:IJ~
~. .~ m
>z'" 0
i3G)g)>~
mcos:o
m13~~o
~Vi oS:
~~m~U;o~
mOC:IJ
S:~S:;oz
~~::!z~
-iG)~~~
!iloz~~
:IJ ~ rr15. ~
mmOJ 0
C(')m"'"T1
o (')0 cn
r:ll--l~c
ClCOc'.:>z
::I:mzoZ
--lccnco-<
-o-oZOUl)>
:IJm(')ocz
OZrOz
<)>cmzO
5goo-<:IJ
zmm"u;o
G)cnmorz
"T1)>n:IJfJl~
~5~~(IJ~
m"')>~
zzmzoO
Po:IJ~.;r:"T1
C:IJ~cn"T1~
cnom05m
~~Ul"T1:IJO
m~~5~
~~~~~o
ffijJm~~O
oo@oz~
o<r"T1Qu;
o~~~~~
J11G)Oz(')O
"O"ZZIZ
:IJOY?-<)> 0
~:IJ-oU;~"T1
5cn:IJrm--l
z~~gj~I
G)m51:1l(]1m
"T1:IJzm<>>(')
06JG)fi~~
:IJj="T1I--l
~~~bffi~
0"0 -I
-oa:T
",_CD
, <1>"0
r"'c
o '" ~
~o.]
!" ~~
::!1:0
3:::-
:::T
0' en.
"OJJ
a~
< c
-"<1)
a.'"
CD -
,,0'
Zo
:l>c
Z'"
os;
)> 0"
r!!l.
:I> 0"
c=>
Ow'
=1-
-0
Z",
Gl<1>
<1)
CIl"
m",
JJ'"
<!!!.
-'"
o-
m'"
CIlB
_CD
o 0
:To;'
<1>..0
Oc
::.e!.
'< =t;
o (ii"
_a.
~~Q.~
.g '" o.g
o I 'U 0
~b1)>~
iii"~biii"
:;".w R- 0'
="tu...,
0"0"'''
CD ::!. - Z
cac.:J:l>
o "'<1> Z
~"~oQ
~~gF:
!!!._l>CD)>
CD....9.c
:':I::J:Q
ffiC<1>::l
o.VlQ~
rn c -< CIl
<5" ~ 0 m
5l iDJJ
-c...~:5
~c~~
Q.!:(OOCll
o 0
~"~ :!!~
<Cl ;;;:
3.~~ CD
CDO~ro
o => g
~ C" (J) <'
" ..... CD
8~~a.
l' g..-+~
3"tl~_
. ~,; ffi
zgQ
o.~ -<
9..~
ffi~
2:;,
00
;1" 5:
~ JD
"0 0
.g ~
o =r
<Jl l::
~~
o III
a.~
~. ~
::J '<
Cl ~
~ 9'
I\)
~
9
!!l.
(')(IJ
<D <D
::J III
'" 0
...., ?"
z
o
-i
n
O"T1m
~ [ en
c: c. ::I:
:u Jl> m
g> ~" i:l
3 = m
<Jl :::T -<
g ~ G)
bllll ~
3 "0 Z
~. a- s:
~ ~ a
~r ~ ~
9 ~" 0
3 c5 ~
g 5' Q
",0l5'3
w. <D 3
o 00 CJ) (i)"
~ ~ ~ g'
~; 2-
S' CD :T
<Jl <Jl <D
:;1:Il(')
~ ~ ~
.~ ::r 2-
G)cn
o c
< ::J
3~
3 ii>
CD CD
;? '"
o
o
o
::J
<Jl
c:
~
5"
!l!.g'
'" ::J
C. ::J
0'<
"0 -
- <Jl
c5" CD
::J <Jl
,-4
i:l:
~m
:3:
1:;:
i~
i:z:
~m
:~
~ r-
'0
"
Z
:I>
z:lJ
Q'T1
:I>"tl
rz
:1>0
Coo
0....
3'r
Zl\)
Gl~
CIl.....
mW
JJo
<0
(')
m
CIl
)>
a.
<
to
g.O
~ ~
3. 0
O'''TI
...
:lJO
to ~
I
r-
o
o
~
1:'::
'~:
':1:
iro
i~
~a:
;jo;
i~
z(')
~~
00
m-n
O(/)
"Tlc:
-Uz
Cz
roo(
c-
O(/)
IJ;;
~(/)
JJO'l
-m
z>
(j)(')
:I:
;V1
'c
'z
:0
')>-
;.:<
;~
,-<
'.l>
~9
'0
j~
'z
'm
Preview
Page 1 of 1
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO:
The Honorable Mayor and City Commission
FROM:
Rick Conner, City Manager
DATE:
7/15/2010
RE:
Amendment to the Red Light Violation Ordinance
RECOMMENDA TION:
The staff recommends that the Commission pass this Amendment to the Red Light
Violation Ordinance.
REASONS:
The Florida State Legislature passed a law this last session allowing cities to place Red
Light Cameras on FDOT Right of Way and issue citations. We recently completed a
financial analysis that indicates that it does not currently make sense for us to utilize this
program. Because this amendment is required under the new law however, passing it
now will allow us to move forward in the future if we so desire.
FUNDING SOURCE:
N/A
A TT ACHMENTS:
. Report from City Attorney
. Red Light Camera Analysis
. Ordinance
. Notice of Public Hearing
http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=297 &MeetingID=O&MeetingDate=... 7/8/2010
-
City of Sunny Isles Beach
18070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33 160
(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
Lewis Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
George "Bud" Scholl, Commissioner
Rick Conner, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
TO: The Honorable City Commission
FROM: Hans Ottinot, City Attorne
DATE: June 17,2010
RE: Amendment to the City's "Dangerous Intersection Safety Act"
RECOMMENDATION:
This Ordinance is presented for your consideration.
REASONS:
The purpose of the Ordinance is to amend the City's "Dangerous Intersection Safety Act"
codified in Article IV, Chapter 256 of the City Code. This amendment is necessary in order to
conform with and implement Chapter 2010-80, Laws of Florida (2010) (the "Mark Wandall
Traffic Safety Act"), which takes effect on July 1,2010.
The City's "Dangerous Intersection Safety Act" will be, as of July 1, 2010, preempted by the
Wandall Traffic Safety Act. Accordingly, it is necessary that the City amend its "Dangerous
Intersection Safety Act", codified at Article IV of Chapter 256 of the City Code, so as to
conform with the Mark Wandall Traffic Safety Act. The Act authorizes counties and
municipalities to enact ordinances permitting the use of red light traffic cameras at intersections
and specifies the required content of the ordinance.
Under this new state law, the penalty for failing to stop at a steady red light at an intersection, as
determined through the use of red light traffic camera, shall be $158. The cost breakdown
depends on whether the violation is issued by the City of Sunny Isles Beach or the State. If the
violation is issued by the City, then $70.00 shall be remitted to the State for its General Revenue
Fund, $10.00 shall be remitted to the State's Department of Health Administrative Trust Fund,
$3.00 shall be remitted to the State's Department of Revenue for deposit into the Brain and
Spinal Cord Injury Trust Fund, and the City shall be entitled to retain $75.00.
Alternatively, if the violation is issued by the State, then the revenue distribution is as follows:
$100.00 shall be remitted to the State's Department of Revenue for deposit into its General
Revenue Fund, $10.00 shall be remitted to the State's Department of Health Administrative
Trust Fund, $3.00 shall be remitted to the State's Department of Revenue for deposit into the
Brain and Spinal Cord Injury Trust Fund, and the City shall be entitled to retain $45.00. The
State does not intend to enforce violations from cameras installed in the City.
Simply put, if the City continues to operate its "Dangerous Intersection Safety Act", then it shall
retain $75.00 out of every $158.00 fine collected. However, if the State issues a red light ticket
within the jurisdiction of the City, then the City shall retain $45.00 out of the $158.00 fine.
There are two notable provisions in the new law regarding right hand turns on a red light. More
precisely, a driver may not be cited for making a right hand turn on a red light when they does so
"in a careful and prudent manner" at an intersection where right hand turns are permitted.
Additionally, the Act requires the City to notify the public that a red light camera is in use at the
intersection and to also include specifications for right hand turns on a red light.
The City's red light traffic camera program is still suspended at this time. However, the City
Manager is currently preparing a cost benefit analysis to determine whether the program will be
re-instated in the future.
"
MEMORANDUM
To: Honorable Mayor and Commissioners
From: Rick Conner, City Manager
Date: June 10, 2010
Copy To: Minai Shah, Assistant City Manager
Jane Hines, City Clerk
Hans Ottinot, City Attorney
Subject: Red Light Camera Analysis
As you are probably aware, about a month ago the Governor signed the Red Light Camera Bill (properly
known as the Mark Wandall Traffic Safety Act). This now allows us to legally issue civil citations for
drivers running red lights, a process that was put on hold several months ago pending this approval.
I have read the new legislation and when you dig down inside all of the normal boiler plate, it is a fairly
straight forward setup.
As a municipal government, we have two options when utilizing this process on State roadways. One is
to operate the system on our own, incur the expenses necessary to do so, and collect seventy-five
dollars per citation. The other option is to authorize the State to run the program within our corporate
limits and collect forty-five dollars per citation, with no expenses. If the State desires to run the
program in our City, the new law requires that they obtain permission from the City Commission first.
The analysis below shows that we would be better off financially (and operationally) if we had the State
to run the pro'gram for us. The problem is that will almost certainly not choose to do so here. If we
only cite straight-through violations, under the new proposal from ATS, we would (by law) pay them a
flat fee and they have offered $4,500:1:: per camera per month which works out to two citations per
camera per day to cover just their costs. During the last eight months of the program, we were seeing
a total of three straight through violations per day total (or 1.5 per camera). We therefore believe that
you should consider adopting the state required ordinance so that we can participate at a later date, but
that you abandon the program for now.
CITY RUN
STATE RUN
Revenues:
$75.00 per ticket
Expenses:
$6.00 per ticket to review by
Police
$100.00 average per ticket to ATS
Revenues:
$45.00 per ticket
Expenses:
None per ticket to ATS
NET: $-31.00 per ticket
NET: $45.00 per ticket