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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2013-010Temp. Ordinance # 2285 May 30, 2013 Page 1 of 9 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 2013- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; AMENDING PART II OF THE CODE OF ORDINANCES OF THE CITY OF TAMARAC; AMENDING CHAPTER 2, ARTICLE III, DIVISION 2 OF THE CODE OF ORDINANCES TO UPDATE THE DEFINITION OF "MAGISTRATE" AND TO AUTHORIZE THE SPECIAL MAGISTRATE TO ENFORCE ALL MATTERS AUTHORIZED BY LAW; AMENDING AND RESTATING PART II, CHAPTER 14.5, ENTITLED "TAMARAC DANGEROUS INTERSECTION SAFETY ACT" TO CONFORM TO STATE LAW, AND TO ADD A NEW SECTION 14.5-5, TO BE ENTITLED "NOTICE OF VIOLATION HEARINGS", TO IMPLEMENT 2013 CHANGES IN STATE LAW THAT PROVIDE FOR THE CITY TO CONDUCT HEARINGS ON NOTICES OF VIOLATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Part II, Chapter 2, Article III, Division 2 of the City of Tamarac Code of Ordinances establishes and defines a "special master" and grants the authority to enforce violations of the City's code pursuant to Chapter 162, Florida Statutes; and, WHEREAS, throughout Part II of the City's Code of Ordinances, there are references to the "special master"; and, WHEREAS, pursuant to Chapter 2004-1, Laws of Florida, the Florida Legislature modified Chapter 162, Florida Statutes to change all references to "special masterilto "special magistrate"; and, WHEREAS, the City seeks to update Part II of its Code of Ordinances to change all references to "special master' to "special magistrate" so that the Code is consistent with Chapter 162, Florida Statutes; and, CODING: Words in ��e type are deletions from existing law; Words in underlined type are additions. Temp. Ordinance # 2285 May 30, 2013 Page 2of9 WHEREAS, the City Commission of the City of Tamarac finds it is in the best interest of the City to adopt an ordinance to update the nomenclature used to identify the special magistrate. WHEREAS, Part Il, Chapter 2, Article III, Division 2 of the City of Tamarac Code of Ordinances specifies the duties of the special magistrate; and, WHEREAS, the special magistrate duties set forth in Part II, Chapter 2, Article III, Division 2 limit the authority of the special magistrate to enforcement of violations of the City's Code of Ordinances; and, WHEREAS, the City seeks to expand the authority of the special magistrate such that the special magistrate may enforce any and all violations which are authorized by law, including red light camera traffic infractions; and, WHEREAS, the City Commission of the City of Tamarac finds it is in the best interest of the City to adopt an ordinance to expand the enforcement authority of the special magistrate. WHEREAS, in 2010, the Florida Legislature adopted the "Mark Wandall Traffic Safety Program," § 316.0083, Florida Statutes (the "State Act"), which, among other things, expressly preempted 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, in 2010, the City Commission adopted Ordinance No. 2010-16, which authorized the use of unmanned traffic infraction detectors (red light cameras) to enforce red light violations within the City; and, CODING: Words in �e+�� type are deletions from existing law; Words in underlined type are additions. Temp. Ordinance # 2285 May 30, 2013 Page 3of9 WHEREAS, during the 2013 Legislative Session, the Florida Legislature passed legislation, CS/CS/HB 7125 (hereinafter HB 7125) which upon approval by the Governor, takes effect July 1, 2013, and provides for municipalities to conduct hearings for persons that receive Notices of Violation (NOV) and request a hearing to contest such NOV; and, WHEREAS, the City Commission of the City of Tamarac finds it is in the best interest of the City to adopt an ordinance to authorize the local hearings on NOVs as required by HB 7125. 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. Part II of the City of Tamarac Code of Ordinances shall be amended as follows: any and all references to the phrase "special master" shall be changed to "special magistrate". Section 3. Part II, Chapter 2, Article III, Division 2 of the City of Tamarac Code of Ordinances shall be amended as follows: Sec. 2-71. - Intent. It is the intention of this article to promote, protect, and improve the health, safety and welfare of the citizens and residents of the city by authorizing the creation of an administrative board and a special magistrate, both with authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing this Code and ordinances in force in the city where a pending or repeated violation continues to exist. Thepecial magistrate shall also have the authority to adjudicate cases and impose fines and penalties for any and all matters authorized by Florida law, including civil traffic infractions. Sec. 2-73.01. - Definitions. CODING: Words in s#r-+IFe�#�e type are deletions from existing law; Words in underlined type are additions. Temp. Ordinance # 2285 May 30, 2013 Page 4 of 9 Special magistrate. The city special magistrate appointed by the city commission to hear code enforcement violation cases, civil traffic infractions as authorized by law, and any and all other matters authorized by I_ Sec. 2-73.02. - Establishing a special magistrate. m. R.%%stef . (b) The rules and regulations as found in Fla. Statute Ch. 162, as currently enacted or as may be amended from time to time, shall be adopted herein by reference. Additional rules and regulations, consistent with the provisions of � state law, necessary to carry out the provisions of this chapter maybe adopted by resolution of the city commission. Sec. 2-73.06. - Conducting hearings. (a) The clerk for the special magistrate shall set a time and date for the hearing and notify the alleged violator and the code prosecutor. Unless otherwise provided by law, the violator shall be given at least seven working days' written notification of the hearing. The conduct of the hearing shall be consistent with . Chapters 162 and 316, Florida Statutes, or any other applicable Florida law as currently enacted or as amended from time to time. (c) Unless otherwise provided by law, hearsay evidence may be accepted for the purpose of supplementing or explaining any direct evidence, but hearsay evidence shall not, in and of itself, be considered sufficient to support a finding or decision unless the evidence would be admissible over objections in a civil action. (f) Unless otherwise provided b law, the burden of proof shall be with the code inspector, police officer, or traffic infraction enforcement officer to show by the greater weight of the evidence that a violation exists and that the alleged violator committed or was responsible for maintaining the violation. (h) Unless otherwise provided bylaw, the special magistrate may, for good cause shown, postpone or continue a hearing. (i) If any of the hearing procedures specified in this Code conflict with state law, the procedures set by state law shall prevail. CODING: Words in s�+le��t4 type are deletions from existing law; Words in underlined type are additions. Temp. Ordinance # 2285 May 30, 2013 Page 5of9 Section 4. Chapter 14.5 of the Code of Ordinances of the City of Tamarac, entitled Tamarac Dangerous Intersection Safety Act, shall be amended and restated as follows: Sec. 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 " §316.0083, Florida Statutes, as may be amended from time to time ("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. Sec. 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, as may be amended from time to time. This chapter shall not supersede, infringe, curtail or impinge upon state laws related to red light signal violations or conflict with such laws. Sec. 14.5-3. Implementation of general law. The city manager, or his designee, is authorized to implement the provisions and requirements of the State Act, as may be amended from time to time, and may take any action which is necessary for such purpose. Sec. 14.5-4 Notice of Violation Hearings Upon the effective date of state law authorizing Notice of Violation Hearings to be conducted by the Citv. the Citv authorizes its code enforcement special maaistrates. as mav be appointed from time to time by the City Commission, to serve as the City's Local Hearing Officer, as defined by 4.316.003(91), Florida Statutes, as amended from time to time. The Local Hearina Officer shall conduct hearinas in accordance with the requirements of §316.0083, Florida Statutes, as amended from time to time. Administrative Costs shall be assessed in those cases in which the violation is ughheld, in an amount to be established by Resolution of the City Commission. CODING: Words in �e type are deletions from existing law; Words in underlined type are additions. �■a'T-T��iT■Zi . ■ • =TaTi�i7Ti�i�.'T-Z�iTr�T_7�r•Z .. • • .. ■ .��a7:Ti11�rTiTa1[TiT� IN --a-- I.\..IiW-A1...-It........a•/�.hM.. 1.M aw-&-i-M..\-7M►-\--A-A-'IML-%1t-7-I-AM 't1I .'T_Tijr .. . .. • . 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The City Administration, including without limitation the City Manager, the Finance Department, the Police Department, Code Enforcement, and the City Attorney, are authorized to take all steps necessary to implement the Notice of Violation hearings required by state law. Section 6. 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 7. 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 maybe 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. law. Section 8. Effective .Date. This Ordinance shall become effective as provided by CODING: Words in s#�il�e�#+'�� type are deletions from existing law; Words in underlined type are additions. Temp. Ordinance # 2285 May 30, 2013 Page 8 of 8 PASSED ON FIRST READING BY E CITY COMMISSION OF THE CITY OF TAAAARAC, FLORIDA, THIS /;Z DAY OF , 2013. PASSED AND ADOPTED ON SECOND AND FINAL READING BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS cp� 6 DAY OF 2013. TALABISCO ATTEST: PAT TEUFE INTERIM CI' CMC, CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form: SAIJIUEL S. GOREN CITY ATTORNEY RECORD OF COMMISSION VOTE: 1ST Reading MAYOR TALABISCO DIST 1: COMM BUSHNELL DIST 2: COMM ATKINS-GRAD DIST 3: COMM GLASSER DIST 4: V/M DRESSLER RECORD OF COMMISSION VOTE: 2ND Reading MAYOR TALABISCO DIST 1: COMM BUSHNELL DIST 2: COMM. ATKINS-GRAD DIST 3: COMM GLASSER DIST 4: V/M DRESSLER CODING: Words in s#�+IFe-�k�e� type are deletions from existing law; Words in underlined type are additions.