HomeMy WebLinkAboutCity of Tamarac Ordinance O-2009-001Temp. Ord. #2170
November 6, 2008
Page 1
ORDINANCE NO. 0
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, CREATING CHAPTER 14.5 OF THE
CODE OF ORDINANCES OF THE CITY OF TAMARAC TO BE
CALLED "THE TAMARAC DANGEROUS INTERSECTION
SAFETY ACT"; AND NEW SECTIONS 14.5-1 THROUGH 14.5-
15 PROVIDING FOR INTENT AND DEFINITIONS;
ESTABLISHING AN ENFORCEMENT PROGRAM WITHIN THE
CITY; AUTHORIZING THE CITY TO PERMIT AND IMPLEMENT
THE USE OF UNMANNED CAMERAS/MONITORING DEVICES
FOR RED LIGHT INFRACTIONS; PROVIDING ENFORCEMENT
PROCEDURES, INCLUDING NOTICE, APPEAL HEARINGS,
PENALTIES, IMPOSITION OF ADMINISTRATIVE CHARGES
AND COLLECTION; PROVIDING FOR EXCEPTIONS;
PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac ("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 City Commission is concerned with the inability to
sufficiently enforce the state statute prohibiting running of red lights, due mainly
to the requirement that enforcement of the state statute requires the personal
observation of police officers, affecting the ability to effectively reduce the
significant dangers presented to motorists and pedestrians by the failure to stop
for a red light; and,
WHEREAS, the use of unmanned cameras to enforce toll violations on the
state's toll roads has been determined to be fair, reasonable and sufficient by the
State of Florida in order to effectively enforce laws regulating the payment of tolls
Page 1 of 12
Temp. Ord. #21 i0
November 6, 2008
Page 2
without the need to commit the extreme amount of personnel that would be
necessary without the use of unmanned cameras; and,
WHEREAS, similarly, 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, § 316.008, Florida Statutes, grants municipalities, with
respect to streets and highways under their jurisdiction and within the reasonable
exercise of police power, authority to regulate and monitor traffic by means of
police officers and security devices; and
WHEREAS, the City of Tamarac has home rule authority pursuant to
Article VII, Section 2 of the Florida Constitution and Chapter 166, Florida
Statutes, to enact an ordinance making the failure to stop for a red light indication
a violation of the City's Code of Ordinances, and to provide for enforcement of
such violations of the City's Code of Ordinances through the use of the City's
Code Enforcement Special Magistrates; and,
WHEREAS, Attorney General Opinion 05-41, dated July 12, 2008,
confirms the authority of the City to enact an ordinance making the failure to stop
Page 2 of 12
'Temp. Ord. #2170
November 6, 2008
Page 3
at a red light indication a violation of the City's Code of Ordinances, to use
unmanned cameras to monitor intersections in the City for such violations of the
City's Code, and to record the license tag numbers of vehicles involved in such
violations; and,
WHEREAS, the Attorney General has opined that the City may not issue
traffic citations under the State Statutes to drivers for violations observed by the
use of unmanned cameras and not otherwise observed by police officers; and,
WHEREAS, in order to be consistent with state law and the Attorney
General's Opinion, the City will issue City Notices of Violations to registered
owners of vehicles, will not utilize the uniform traffic citation prescribed by
Chapter 316, and will not prosecute offenses of its City ordinance through county
court, thus the City's enforcement program; and,
WHEREAS, the City Commission finds it to be fair and reasonable to use
the same procedure used by the state to enforce toll violations through
unmanned cameras, to provide alleged violators with the opportunity to have a
hearing within the City using the City's Code Enforcement Special Magistrates
and the City's code enforcement procedures adopted pursuant to Chapter 162,
Florida Statutes, and set forth in Chapter 2, Article III, Division 2, of the City's
Code of Ordinances; and,
WHEREAS, the City Commission of the City of Tamarac finds that
implementation of the enforcement program as set forth herein will promote,
protect and improve the health, safety and welfare of its citizens, consistent with
Page 3 of 12
Temp. Ord. #2170
November 6, 2008
Page 4
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
TAMARAC, FLORIDA:
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. Chapter 14.5 of the Code of Ordinances of the City of
Tamarac, entitled Tamarac Dangerous Intersection Safety Act, shall be created
to read as follows:
Chapter 14.5: Tamarac Dangerous Intersection Safety Act.
& 14.5-1 Intent.
The purpose of this Act is to authorize the use of a unmanned
cameras/monitoring system to promote compliance with red light signal directives
as proscribed by this Act, and to adopt a civil enforcement _system_for red light
signal violations. This Act 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.
§14.5-2 Use of Image Capture Technologies.
The City shall utilize image capture technologies as a supplemental
means of monitoring compliance with 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 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 Act shall be addressed using the
City's own Special Magistrates and not uniform traffic citations or county courts.
Page 4 of 12
Temp. Ord. #2170
November 6, 2008
Page 5
§14.5-3 Definitions.
The following definitions shall apply to this Act:
-La) Intersection shall mean the area embraced within the prolongation
or connection of the lateral curb line; or, if one then the lateral
boundary lines of the roadways of two roads which 'oin or intersect
one another at or approximately at right angles, or the area within
which vehicles traveling upon different roads-joiningroads-joining at any other
angle may come in conflict.
(b) Motor vehicle shall mean any self-propelled vehicle not o erated
upon rails or guideway, but not including any bicycle, motorized
scooter, electric personal assisted mobility device or moped.
U Notice of Infraction shall mean a citation issued for a red zone
infraction.
Owner/Vehicle Owner shall mean the person or entity identified b
the Florida De artment of Motor Vehicles r 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.
Le Y Recorded Images shall mean images record d by a traffic control
signal monitoring system/device:
On:
Two or more photographs, or
Two or more electronic ima es. or
Two or more digital images, or
Digital or Video movies, or
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 numbor of the vehicle.
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 tr ffic control device at
a time when the traffic control signal for such vehicle's direction of
travel was emitting a steady red signal.
Page 5 of 12
Temp. Ord. #2170
November 6, 2008
Page 6
& Special Magistrate shall mean the Cit 's Code Enforcement Special
Magistrate.
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 § 316.075.
u Traffic Control Signal Monitoring System/Device shall mean an
electronic system consisting of one or more _vehicle sensors,
working in conjunction with a 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.
14.5-4 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 is 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 othertraffic control device but
shall yield right-of-way to pedestrians and other traffic proceeding as directed b
the traffic control signal at the intersection.
§14.5-5 Violation.
A violation of this Act known as a Red Zone Infraction shall occur when
a vehicle does not comply with the requirements of paragraph (4). Violations
shall be enforced pursuant to paragraph (7)_herein.
14.5-6 Six-month notice; introductory period.
For the first six months after the installation of the initial camera to
implement this Ordinance unless the driver of a vehicle received a citation from a
police officer at the time of a Red Zone Infraction in accordance with normal
traffic enforcement techniques, the vehicle owner shall receive a courtesynotice
of the violation. Commencing six months after the installation of the initial
Page 6 of 12
1
1
Temp. Ord. #2170
November 6, 2008
Page 7
camera the vehicle owner is subject to the enforcement provision as provided
herein.
14.5-7 Review of Recorded Images.
U 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 §ufficient grounds to
issue a City Notice of Infraction.
U The City shall designate a Traffic Control Infraction Review Officer
who shall meet the qualifications set forth in 316.640 5 A
Florida Statutes or any other relevant statut . The Traffic Control
Infraction Review Officer shall review Record d Images priorto the
issuance of a Notice of Violation/Infraction to ensure accuracy and
the integrityinteg[fty of the Recorded Imo es. The Tr ffic Control Infraction
Officer shall also verify that the Traffic Control Monitoring
System/Devices which captured the Re orded 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 ImageImageo and functionality of
the Traffic Control Monitoring S stem/Devi es 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 Motor V hicles.
14.5-8 Notice of Violation/Infraction.
The Notice of Violation/Infraction shall include:
U The name and address of the vehicle owner
U The license plate number and registration n mber of the vehicle;
U The make model and year of the vehicle;
Notice that the violation charged is pursuant to this Act;
Le) The location of the intersection where the violation occurred;
(f The date and time of the red zone infraction;
Notice that the Recorded Images relating tp the -vehicle and a
statement that the recorded images are evidence of a red zone
infraction;
Page 7 of 12
Temp. Ord. #2170
November 6, 2008
Page 8
The civil penalty imposed -,
Images depicting violation
The procedures for payment of the civil penalty and contesting the
notice of infraction;
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;
0 Information advising the person alleged to be liable under this
Section 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 timely manner is an
admission of liability.
14.5-9 Vehicle Owner Responsibilities.
A Vehicle Owner receivina a Notice of Infraction mav, within twentv one
(21) days of the date of the Notice of Infraction:
La) Pay the assessed civil penalty pursuant to instructions on the
notice of infraction or
Lb) Request an appeal pursuant with procedures as outlined in this
Act;
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.
14.5-10 Appeal to Special Magist
The Citv's Code Enforcement Special Magistrates are authorized to
consider appeals under this Chapter.Within twenty one _(21) days of the
date of the Notice of Infraction, the Vehicle Owner may file an appeal with
the City pursuant to the directions in the Notice of Infraction. A hearing on
the appeal shall be scheduled for all appeals except those in which the
Vehicle Owner submits an affidavit pursuant to 14.5.11 in which the
Vehicle Owner affirms under penalty of edu that the vehicle was not
under his or her care, custody or control, or that of someone with Vehicle
Owner's consent.
Page 8 of 12
Temp. Ord. #2170
November 6, 2008
Page 9
U Upon receipt of the a peal, the City shall schedule a hearing
before the Special Magistrate to occur not lat rthan sixt 60 da s
after Cit 's receipt of the appeal. Notice of -Hearing shall be
provided to the Vehicle Owner no less than ten 10 days prior to
the hearing, and shall be provided by certified and U.S. mail to the
same address to which the Notice of Infraction was sent.
U The following shall be permissible_ grounds fpr an appeal:
0 At the time of the infraction the vehicle was not under the
care custody,or control of the Vehicle Owner or an
individual with Vehicle Owner's consent established
pursuant to affidavit as provided in 14.5.11
ii The motor vehicle driver was issueq 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 stead
red traffic control signal in order tp comply with other
governing laws;
iv The motor vehicle driver was required to violate the stead
red traffic control signal in order to reasonably rotect the
property or person of another;
U The steadv red traffic control si n I was inoperable or
malfunctioning; or
vi Any other reason the Special Magistrate deems
appropriate.
(c) The Traffic Control Infraction Review Officer shall testify at the
appeal. Then the Vehicle Owner may r sent testimony and
evidence.
Recorded Images indicating a Red Zone Infraction, verified by the
Traffic Control Infraction Review Officer, are admissible in an
proceeding before the Cit 's Special Ma i trate to enforce the
provisions of this Chapter, and shall constitute prima facie
evidence of the violation.
Page 9 of 12
Temp. Ord. #2170
November 6, 2008
Page 10
_Le) Unless an affidavit is provided pursuant to 14.5.11 it is presumed
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.
14.5-11 Vehicle Owner Affidavit of Non -responsibility.
In order to far 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 one 21 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 nota and include:
U 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
U If the vehicle was stolen the police report indicating the vehicle
was stolen at the time of the alleged Red Zone Infraction.
Lc) The following language immediately above the signature line:
"Under penalties of er'u I declare that I have read the foregoing
affidavit and that the facts stated in it are true."
Upon receipt of an affidavit pursuant to this section any prosecution of the Notice
of Infraction issued to the vehicle owner shall be terminated.
§14.5-12 Penalties.
A violation of this Act shall be deemed a non -criminal non-movin
violation for which a civil penalty in the amount of 125.00 shall be assessed.
As the violation relates to this Act and not the State Statutes no points as
provided in § 322.27 Florida Statutes shall be recorded on the driving record of
the vehicle owner or responsible party.
§14.5-13 Administrative Charges.
In addition to the assessment ursuant to 14.5.12 herein administrative
charges may be assessed in the event of an appeal or the necessity to institute
collection procedures.
Page 10 of 12
1
1
Temp. Ord. #2170
November 6, 2008
Page 11
§14.5-14 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 debt.
§14.5-15 Exceptions.
This Act shall not apply to Red Zone Infracti ns involving vehicle
collisions or to any authorized emergency vehicle responding to a bona
fide emergency,.nor shall a Notice of Infraction tlq 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.
Section 3. Severability. If any section, sentence,] clagse; 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 Tamarac, Florida, that the provisions of this Ordinance shall become
and be made a part of the City of Tamarac 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.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
Page 11 of 12
Temp. Ord. #2170
November 6, 2008
Page 12
Section 5. Effective Date. This Ordinance shall become effective upon
adoption by the City Commission.
PASSED, FIRST READING this 1�9 day ofazzzuz/�' 2008.
PASSED, SECOND READING this /v/ day of - , 200#.q
BY:
ATTEST: MAYOR BETH TALA ISCO
RECORD OF COMMISSION VOTE: 1ST Reading
MARiORSWENSON, CMC
CITY -CLERK MAYOR TALABISCO
DIST 1: COMM BUSHNELL
DIST 2: V/M. ATKINS-GRAD
DIST 3: COMM. GLASSER
DIST 4: COMM. DRESSLER
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form: RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR TALABISCO
... _._-'•.'''�'i` DIST 1: COMM BUSHNELL
SA UEL S. GOREN DIST 2: V/M. ATKINS-GRAD 1
�' 'L CITY ATTORNEY DIST 3: COMM. GLASSER
DIST 4: COMM. DRESSLER f
HA2005\050164 TAMARAC\ORD 2008\2008- (Red Light Ordinance).doc
Page 12 of 12
1
1
1