HomeMy WebLinkAboutCity of Tamarac Ordinance O-2010-016Temp. Ordinance # 2208
July 14, 2010
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ORDINANCE NO. 2010-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AMENDING AND RESTATING
CHAPTER 14.5 OF THE CODE OF ORDINANCES OF THE
CITY OF TAMARAC, "THE TAMARAC DANGEROUS
INTERSECTION SAFETY ACT", IN ITS ENTIRETY;
AUTHORIZING THE CITY TO PERMIT AND IMPLEMENT THE
USE OF TRAFFIC INFRACTION DETECTORS FOR RED
LIGHT INFRACTIONS PURSUANT TO STATE LAW;
PROVIDING FOR DEFINITIONS; PROVIDING FOR TRAFFIC
INFRACTION ENFORCEMENT OFFICERS; AUTHORIZING
CITY ADMINISTRATION TO TAKE ALL STEPS NECESSARY
TO IMPLEMENT AND OPERATE THE ENFORCEMENT
PROGRAM PURSUANT TO THE REQUIREMENTS OF STATE
LAW; PROVIDING FOR THE LOCATION OF TRAFFIC
INFRACTION DETECTORS WITHIN THE CITY; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac adopted
Ordinance No. 0-2009-01, which enacted the Tamarac Dangerous
Intersection Safety Act, the provisions of which were codified in Chapter 14.5
of the City's Code of Ordinances ("Ordinance No. 0-2009-01 "); and,
WHEREAS, Ordinance 0-2009-01 authorized the City to enforce civil
infractions for violations of red light indications on traffic control signals, using
traffic infraction detectors;
WHEREAS, Ordinance 0-2009-01 was adopted pursuant to the City's
Constitutional and home rule authority in Article Vill, Section 2 of the Florida
Constitution and Chapter 166, Florida Statutes, as well as Section 316.008,
Florida Statutes, which grants municipalities, with respect to streets and
highways under their jurisdiction and within the reasonable exercise of police
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Temp. Ordinance # 2208
July 14, 2010
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power, authority to regulate and monitor traffic by means of police officers and
security devices, as well as other authority provided by law; and,
WHEREAS, on May 13, 2010, Governor Charlie Cdst signed the "Mark
Wandall Safety Program," enacted as laws of Florida, Chapter 2010-80 (the
"State Act"), which, among other things, now expressly preempts to the state
the subject matter of using unmanned cameras/monitoring devices, referred to
as traffic infraction detectors in the State Act and defined therein, to enforce
violations of red light indications on traffic control devices as of July 1, 2010;
and
WHEREAS, the City Commission of the City of Tamarac finds that
implementation of the enforcement program pursuant to the State Act effective
July 1, 2010, 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
WHEREAS, the City Commission desires to implement the enforcement
program set forth in the State Act; 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.
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Temp. Ordinance # 2208
July 14, 2010
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Section 2. Chapter 14.5 of the Code of Ordinances of the City of
Tamarac, entitled Tamarac Dangerous Intersection Safety Act, shall be
amended and restated to read as follows:
Chapter 14.5: Red Light Infraction Enforcement Pursuant to State Law.
14.5-1 Intent.
The purpose of this Chapter is to authorize the use of traffic infraction
detectors to promote compliance with red light signal directives as defined in
and prescribed by Laws of Florida Chapter 2010-80 the "State Act' .
Consistent with State_ law, this Chapter 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 other statutory traffic „enforcement techniques.
§14.5-2 Authorization for Enforcement Program.
Effective July 1, 2010, the City shall enforce compliance with red light
signal_ directives pursuant to the State Act, to utilize image capture
technologies. The City shall comply with the requirements of the State Act
including without limitation the enforcement of Violations as defined herein and
in the State Act authorized fines for violations citation forms review of
affidavits of non -responsibility, reporting obligations to state agencies,
payments to the state and public notice. This Chapter shall not supersede,
infringe, curtail or impinge upon state laws related to red light signal violations
or conflict with such laws.
§14.5-3 Definitions.
The definitions set forth in the State Act as may be amended shall apply to
the Cit 's implementation and application of the State Act. In addition the
following definitions shall apply to this Chapter:
(a) Notice of Violation. Initial notification from the City to the registered
owner of a motor vehicle involved in a violation notifying the
registered owner of the violation, and containing information
required by the State Act.
(b) Recorded Images. Images recorded by a traffic infraction detector,
which includes but is not limited to hoto ra hic or electronic
images or streaming video.
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(c) Traffic Citation. Notification to the registered owner of a motor
vehicle involved in a violation who failed to timely pay the fine
pursuant to a Notice of Violation, and containing all information
required by the State Act.
(d) Traffic Infraction Enforcement Officer. The City Police Department
employee designated pursuant to Section 14.5-4 herein, who meets
the requirements of the State Act and who shall review the
Recorded Images and issue Notices of Violation and Traffic
Citations pursuant to the requirements of this Chapter and the State
Act.
(e) Violation. Violation of Sections 316.074(l) or 316.075(l)(c)1, Florida
Statutes.
§14.5-4 Traffic Infraction Enforcement Officer
The Citv's Police Chief shall desianate Traffic Infraction Enforcement Officers
who shall meet the qualifications set forth in the State Act.
(a) A Traffic Infraction Enforcement Officer shall review the Recorded
Images that comes with the requirements of the State Act, prior to
the issuance of a Notice of Violation pursuant to the State Act.
Once the Traffic Infraction Enforcement Officer has verified the
accuracy of the Recorded Images he or -she shall note the violation
and a Notice of Violation shall be sent to the registered_owner of the
involved vehicle pursuant to the State Act no later than thirty_ (30)
days after the violation. The Notice of Violation shall be sent by
first-class mail.
(b) The State Act provides that in the event_ of non-payment of the
Notice of Violation, the City shall issue a Traffic Citation_ to the
vehicle owner. In the event of non-payment of the Notice of
Violation within thirty (30) days of notification, the Recorded Images
will be reviewed again by a Traffic Infraction Enforcement Officer,
who will take all necessary action required by the State Act to send
a Traffic Citation to the registered owner of the involved vehicle
pursuant to the State Act no later than sixty 60 days after the
Violation. The Traffic Citation shall be sent by certified mail.
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Section 3. The City Administration, including without limitation the
City Manager, the Finance Department, the Police Department and the City
Attorney, are authorized to take all steps necessary to implement and operate
the Enforcement Program to comply with the requirements of the State Act.
Section 4. City Administration and the Police Department shall select
the locations of the traffic infraction detectors within the City; provided that
such locations comply with the requirements of the State Act; and subject to
review by the City Commission at the request of the City Commission.
Section 5. 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 6. 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.
Section 7. Effective Date. This Ordinance shall become effective
upon adoption by the City Commission.
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Temp. Ordinance # 2208
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/J
PASSED, FIRST READING this day of r/"' , 2010.
PASSED, SECOND READING this day of r , 2010.
BY:
ATTEST: BE H TALABI CO
MAYOR
_ RECORD OF COMMISSION VOTE: 1ST Reading
IN7',r: '114 CITY CLERK MAYOR TALABISCO �
DIST 1: COMM. BUSHNELL t --'
DIST 2: COMM. GOMEZ I
DIST 3: COMM. GLASSER c =-y"
DIST 4: V/M DRESSLER f�
1 HEREBY CERTIFY that
I have approved this
ORDINANCE as to form: RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR TALABISCO' --''
DIST 1: COMM BUSHNELL '--�
M L OREN DIST 2: COMM. GOMEZ
CITY ATTORNEY DIST 3: COMM. GLASSER
DIST 4: V/M. DRESSLER
n
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