7?
1 ORDINANCE NO. ___ _
2 An Ordinance amending Chapter 17, Article IV of the City Code entitled
3 "Dangerous Intersection Safety"; providiug for use of the traffic infraction
4 detectors to promote compliance with red light signal directives consistent
5 with general law ofthe State of Florida.
6
7 WHEREAS, in 2010, the Florida Legislature passed CS/CS/HB325 authorizing a
8 municipality to use traffic infraction detectors to enforce celiain provisions of Chapter 316,
9 Florida Statutes; and
10
11 WHEREAS, the Governor of the State of Florida signed CS/CSIHB325 into law on May
12 13, 2010, resulting in the creation of Chapter 2010-80, Laws of Florida, known as the "Mark
13 Wandall Traffic Safety Act"; and
14
15 WHEREAS, the Mark Wandall Traffic Safety Act was subsequently amended including
16 by CS/CS/HB 7125 adopted during the 2013 Legislative Session, signed into law by the
17 Governor on June 12,2013, and resulting in Chapter 2013-160, Laws of Florida, taking effect on
18 July 1, 2013 (as used herein the term "Act" means the Mark Wandall Traffic Safety Act as
19 anlended); and
20
21 WHEREAS, ili.e running of red lights continues to be a safety hazard affecting every
22 citizen and traveler in ilie City of South Miami; and
23
24 WHEREAS, the City wishes to furtller reduce the running of red lights by amending its
25 Code of Ordinances to implement the Act; and
26
27 WHEREAS, the Mayor and City Commission find that portions of Chapter 17, Article
28 IV ofthe City Code entitled "Dangerous Intersection Safety" enacted pursuant to the City's home
29 rule authority but which have not been implemented by the City, have been preempted by the
30 State by its enactment ofthe Act; and
31
32 WHEREAS, the Mayor and City COimnission desire to amend Chapter 17, Article IV of
33 tlle City Code so as to conform with and implement the Act.
34
35 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
36 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
37
38
39 Section 1. Recitals Adopted. The foregoing "WHEREAS" clauses are hereby
40 ratified and confirmed as being true and COlTect and are hereby made a specific part of iliis
41 Ordinance upon adoption hereof.
42
43 Section 2. Dangerous Intersection Safetv. Chapter 17, Article IV, Dangerous
44 Intersection Safety, of the City OfSoutll Miami's Code of Ordinances is hereby amended to read
45 as follows:
46
Page 1 of9
MIAMI DAilY BUSINESS REVIEW
P""",s/>ed D.WV •• celll S.'urday, Sun~y and
L&giIIHolio.ys
Mlam •• Moami-Oade County. Flo"""
STATE OF FLORIOA
COUNTY OF MIAMI-DADE:
BefOre the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says thaI he or she is the
VICE PRESIDENT. Laga) Notices of the Miami Daily Business
Review tlkt .. Mraml Review, a daily (except Saturday, Sunday
and legal Holidays) newspaper, published at Miami in M'am,-Dade
County, Florida: that the attached copy 01 advertisement,
bemg a Legel Adv<9rtisement 01 Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING· SEPTEMBER 15, 2015
in the XXXX Court.
was pubJished in said newspaper in the Issues of
09/0412015
Allian! further says that the sa,d Miami Daoly Busmess
Review IS a newspaper pUblished at Miami in said Mlami-Oade
County, Florida and that the saie! newspaper has
heretofore been cont,nuously published in said Miami·Oade County,
Florida, each clay (except Saturday. Sunday and Legat Holidays)
and has been entered as second class mait matter allhe pOSl
office in Miami in said Miami·Dade Counly, Florida, for a
pen'od of one year ne~t preceding Ihe first pub!icalion o/'Ihe
atla<:hed copy 01 advertisement; and affianl further says lhal he or
she has neither pa,d nor promised any person, firm Or corporalion
any discounl, rebale, commission 0< refund for the purpose
of securing I~dvert~ for publicat,on in Ihe said
newspaper.
'"
(SEAL)
av, FEA6EYAE parsonally ~nown
30SE I SUNDAY, SEPTEMBER 6, 2015 SE
EDUCATION
Student's social awareness
earns her internship
• LEADER, FROM 6SE
stories that you share can in-
fluence that blank slate that
you have just as much," she
said. "'Fabula' means stories
in Latin, and 'rasa' [came]
from John Locke."
Salma's engagement in
her conununity, her school
and her academic achieve-
ments earned her an eight-
week internship through the
Bank of America Student
Leaders Program..
During the summer, she
interned for the Boys &
Girls Club of Miami-Dade,
where she spoke to and
spent time with children of
all ages, encouraging them
to play sports, read books
and stay active during the
school break.
Salma also received a ful-
ly fmanced trip to Washing-
ton, D.C., on behalf of the
Bank of America Student
Leaders Program. where she
and four fellow interns met
and spoke to some legisla-
tors and had discussions on
what they thought were
some primary issues that
face the country.
"We know that we are in-
vesting in our conununity's
future and our future lead-
ers [and] their understand-
ing of the issues in our coun-
try and our conununity. as
well as foster the passion to
become a part of the solu-
tion and try to look for ways
to mitigate those issues."
said Maria Alonso. 52. who
has been part of the Bank of
America student program
since it began in 2006.
The program receives ap-
plications from about 100
high-perfonning juniors
and seniors every year.
Being engaged in commu-
nity activities, clubs and as-
sociations in school. as well
as good leadership skills and
good report cards, are
among the things taken into
account when selecting the
five students.
"The quality of students
that we see coming through
the program year after year
just keeps getting better and
better," Alonso said.
-~~,
CITy OF S<IIIfH j\IIA;l-1I
('OI .. RTES\· NOTICE
MiamiHerald.com I MIAMI HERALD
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MIAM IH E RAl D.cOM ,
~
1 Sec. 17-71. -Intent.
2
3 The purpose of this Aarticle is to authorize the use of -Trame Infraction Detectors
4 an atI\emated e!HHerasimenitering system to promote compliance with red light signal
5 directives as pmscribed by this artiele, and to adopt a civil enforcement system for red
6 light signal violations~. in accordance with Chapter 2010-80, Laws of Florida, as
7 amended, including as amended by Chapter 2013-160, Laws of Florida (the "Mark
8 Wandall Traffic Safety Act" or the "Act"). The use of Traffic Infraction Detectors is just·
9 one means of enforcing This artiele will alse SHpfllement law enfereement perseilllel in
10 the enfereement ef red light signal violations and shall not prohibit law enforcement
11 officers from issuing a citation for a red light signal violation in accordance with other
12 mHtine staMery traffic enforcement techniques authorized by law. This Article is
13 intended to comply with the Act, including any amendments thereto. and this Article
14 shall be read in pari materia with the Act as the Act may be amended from time to time.
15 Sec. 17-72, -Use of Traffic Infraction Detectorsimage captllre teellBologies,
16 The Ceity shall utilize Traffic Infraction Detectors pursuant to the Mark Wandall
17 Safety Act as a image eaptHre teshnelegies as a sHpplemental means of monitoring
18 compliance with laws related to tramc control signals, while assisting law enfereernent
19 persellilel in the enfereement ef sush laws, which are designed to protect and improve
20 public health, safety and welfare. This Article seetien shall not supersede, infringe, curtail
21 or impinge upon state or county laws related to red light signal violations or conflict with
22 such laws. Nothing herein shall conflict with the primary jnrisdiction of Miami-Dade
23 County to install and maintain traffic signal devices. This Article shall serve to enable the
24 City to provide enhanced enforcement with respect to authorized traffic signal devices
25 pursuant to Chapter 316 and including Sections 316.008, 316.0083, 316.074(1) and
26 316.075(1)(c)1, Florida Statutes. This artiele shall serve ,e enable the eity te previde
27 enhansed enfereement IHld respeet fer antberi3ed traffie signal devises. The sity may
28 utili3c image eaptHre teshnelegies as an lHleillary deterrent te traffis sentrel signal
29 vielatiens IHld te thereby redHse aseidents and injuries asseeiated with SHell vielatiens.
30 Netises efinfraetiells issued ]9UfSulHlt te this article shall be addressed using the eity's
31 speeiallllaster pursulHlt te sHeseetiell 2 25(f) ef the City Cede ef OrdinlHlees IHld llet
32 threugh unifefffi traffis eitatiel1s er eeunty eelirts. This shalillet bar the use efnnifern1
33 traffis eitatiens !HId the sennty eeurts '""hen eit)' peliee persellilel deeide net te rely en
34 this artisle as the enfereement meehanism fer a speeifie vielatien.
35 Sec. 17-73. -Definitions.
36 Unless specifically defIned herein, terms used in this ordinance shall be dermed pursuant
37 to the definitions in Section 316.003, Florida Statutes, or as otherwise defined in the
38 Florida Statutes for purposes of the Act.The fellewing definitiens shall apply te tbis
39 artiele:
2
1 Intersection. The area embraeed within the prolongation 01' eonnection of the lateral carb
2 line; or, if none, then the lateral boundary lines, of the roadv{ays of two (2) roads '",hieh join or
3 interseet one another at, Of approllimately at, right angles; or the area within \\1lieh vehieles
4 traveling upon different roads joining at ooy other angle may eoms in eonfliet.
5 Motor vehie.'e. Any self prepelled vehiele not operated upon rails or guide way, but not
6 ineluding ooy bieyele or eleetrie personal assisted mobility deviee.
7 Ownel;/yehicle o'flier. The person or entity identified by the Florida Department of Motor
8 VOOieles, or other state ','ehiels registration omoe, as the registered 8wner of a vehiele. SuOO tefHl
9 shall also mean a lessee of a motor "ehiele p.Jrsuant to a lease of sil( (6) m8ntbs or more.
10 Recorded images. Images reeorded by a trame oontrol signal monitoring systemideviee:
11 (1)On:
12 (a)Two (2) or nlore phetographs;
13 (b)Tvio (2) or more eleetronie images;
14 (e)Tv<o (2) or more digital images;
15 (d)Digital or video movies; or
16 (e)Any other meditl111 that coo disj3lay a violation; ood
17 (2)Showing the rear of a motor vehicle and on at least one image, dearly identifying th.e
18 li6ense plate 11lHHber of the vehicle.
19 Redzone iT'!l-fiction. A traffie offense whereby a lraffie eontrol signal monitoring system
20 established that a '{elliele entered an intersection eontrolled by a duly erected trame control
21 devies at a time when the traffie eontrol signal fur suell vshiele's direction of travel was emitting
22 a steady red signal.
23 Spccifll111f1Ster. The eily's eo de enfureement speeialmaster, as desoribed in section 2 24 of
24 the City Code of Ordinffilees.
25 T~fjic control iTtfi'eetion review ejjicer. The eily poliee department emj3loyee designated,
26 pursuoot te seetion 17 77 herein, to review reeerded images ffild issue red zOlle infraetisns eased
27 Uj3sn those images.
28 Tr£Jjjie eontrol sig."'/el. A deviee el(hieiting different eolored lights or eolored lighted arro'NS,
29 sueeessively one at a time or in combinatioll, using only the eoloTS green, yellow, and red vlhieh
30 indieats ood aj3j31y to drivers ofilletor vehisles as previded in F.S. § 31€i.()75.
31 Trej}ic control sigTitll moniteriT'Ig S}'ste.~h(de'lice. An eleetronie system eOllsistillg of olle or
32 more vehiele sensors, werldllg in esnjunetion with a traffie eentrol signal, still eamera and video
33 reeerding deyiee, to eapture and j3roduee reeorded illlages of meter vehieles entering an
34 interseetion against a steady red light signal indieation.
35 Sec. 17-74. -Adherence to red light traffic control signals.
3
1 Pursuant to general law, mMotor vehicle traffic facing a traffic control signal's steady red light
2 indication shall stop at a clearly marked stop line or if none, then before entering the crosswalk
3 on the near side of an intersection or, if none, then before entering the intersection and shall
4 remain standing until a green indication is shown on the traffic control signal; however, the
5 driver of a vehicle which is stopped at a clearly marked stop line, but if none, before entering the
6 crosswalk on the near side of the intersection or, if none, then at the point nearest the intersecting
7 roadway where the driver has a view of approaching tramc on the intersecting roadway before
8 entering the intersection in obedience of a steady red traffic control signal, may make a right turn
9 (unless such turn is otherwise prohibited by posted sign or other traffic control deviceh but shall
10 nevertheless yield the right-ot~way to pedestrians and other traffic proceeding as directed by the
11 traffic control signal at the intersection, A notice of violation and a uniform traffic citation may
12 not be issued under this Article when a driver, who is not prohibited from making a right turn
13 while facing a traffic control signal's steady red light indication, does come to a complete stop
14 anywhere at pt;~tilli~c'iltliff8eC1:i~h before turning right at the red light or otherwise makes the turn
15 in a careful and prudent manner. Nothing contained in this Section shall prohibit the issuance of
16 a ticket or citation when a driver, who is making an otherwise lawful right turn on red, fails to
17 yield the right-of-way to pedestrians and/or to other traffic proceeding as directed by the traffic
18 control signal at the intersection.
19
20 Sec. 17-75. -Violation.
21 A violation of this Aarticle, known as a red zone infraction, shall occur when a motor vehicle
22 does not comply with the requirements of S.section.f-7.-74 316.074(1) or 3 I 6.075(1)(c)1 , Florida
23 Statutes. Violations shall be enforced pursuant to Section 316.0083, Florida Statutes, and this
24 Articel section 17 77.
25 Sec. 17-76._Nioety lIay ootiee; iotFoIIHeto~' JJeFioll -Implementation of General Law
26 The polieo ehief shall notify the eity manager when the ros light earnera system is operating
27 eormetly at the initialloeation estalliishes. For the ninety (90) says following sais notifieation,
28 unless the sriver of a vehiele reeeives a eitation from a poliee offieer at the time of a res zono
29 infraetion in aeeorsanee "'lith routine tmffie enforeemem teehniEjues, the vehiele owner shall
. 30 reeeive a warning in the fenn ofa eonrtesy notiee of the violation. Commeneing ninety one (91)
31 says after the alloye referenees notifieation, the vehiele owner is subject to the enforeemem
32 provisions as provised herein and no warning shall be given pursuant to this artiele.
33 In accordance with the Mark Wandall Traffic Safety Act, the City authorizes the
34 implementation of the provisions and requirements of the Act including the issuance of notices
35 of violations and uniform traffic citations by traffic infraction enforcement officers as provided
36 in Section 316.0083, Florida Statutes. Pursuant toAs authorized by Section 316.003(9]),
37 Florida Statutes, the City shall by resolution appoint a member of City staff shall use its as
38 clerk to the local hearing officer and the City's code enforcement Sspecial magistrate Master ttl
39 shall have the ex officio duties of and serve and be known as the City's L-Iocal Hhearing
40 Oefficer authorized to conduct hearings related to a notice of violation issued pursuant to
41 Section 316.0083f..l-1W, Florida Statutes .• All proceedings before the City's Speical Master,
4
1 acting as the City's Local Hearing Officer shall be conducted in accordance with the Act and
2 this Article.
3
4 Sec. 17-77. -Reyiew of FeeOFoeo images. Consistency with State Law.
5 (a) The eViner ef the velriele whieh is eeserved ey reeerded images eemmitting a red zene
6 infraetien shall ee issued a neties ef vielatien (hereinafter alse knewn as a "netiee"). The
7 reeerded image sflall be suffieient greunds te issue a netiee.
8 Ee) The eky's ehiefefpeliee shall designate a traffie eentrel infraetien review emeer, whe
9 shall be a peliea effieer efthe eky er wile shall meet the qualitieatiens set fer!h in F.S. §
10 316.640(5)(A), er any ether relevant statute. The traffie eentml infraetien review eftieer
11 shall review reeerded images prier te the issuane6 ef a neties te ensure the aeeuraey and
12 integrity efths reeerded images. Onee the traffie eentml infmetien revie'iI' eftiesr has
13 ';erified the aeeuraey eftlle reeerded irnages, he er she shall eellljllete a repert, and a
14 neties shall ee sent te the vehiels ewner at the address en reeerd wii:h the Flerida
15 Depar'.rnent ef High'ivay Safuty and Meter Vehieles er the address en reeerd with the
16 ajlpfepriate ageney having sHeh infennatien in anether state.
17
18 (a) This artieleArticle shall be interpreted and applied so that it is consistent with
19 state law, including but not limited to. the Mark Wandall Traffic Safety Act.
20
21 (b) Any anlendment to any applicable state law shall automatically apply to the
22 enforcement and application of this artieleArticle. whether or not this artieleArticle or any
23 provision hereof has been amended to specifically address such amendment to state law.
24 Without limitation, any future amendment regarding the amount of the civil penalty or the
25 apportionment of the proceeds thereof shall be deemed applied in the enforcement of this
26 artieleArticle, even prior to a specific amendment to this AMide to make thiss Aarticle
27 consistent with such change in state law with respect to the amount of the penalty or the
28 apportionment of the proceeds thereof.
29 Sec. 17-78. Notiee ofyiolatioR. Administrative Costs.
30 The netiee shall be in the fenn as previdsd fer in [sHbseetienJ2 25(2) efths City Cede ef
31 Ordinanees ent shall alse inelHde:
32 (A) Tile naRle and address efthe vehiele ewner;
33 EB) The lieense plate _esr and registratien num.ber ef the vehiele;
34 (C) The make, medel, and year enhe vehiele;
35 (D) Netiee that the infraetien eharged is pUi'sHant te this artiele;
36 (E) The leeatien eftlle interseetien where the infraetien eeeHrred;
37 (F) 1>letiee that there are reeeroed images relating te the vehiele and a statement that
38 the reeerded im.ages are evidenee ef a red zene infraetien;
5
1 (0) Images deJIieting the infmetion;
2 (If) A signed statement by a so de elliereemsnt effiser that based on insflsetien of
3 reserded images, the vehi ele was involved in and was atilized to eomlRit a fed zone
4 infraetion.
5 A fee, pursuantto F.S. § 316.0083(5) (e), shall be imposed in the amount of the cost of administration,
6 which may be modified by the City's Schedule of Fees and Fines. Such fee shall be assessed to reimburse
7 the City for its expenses in providing the local hearing, in accordance with the Mark Wandall Traffic
8 Safety Act, which fee shall not exceed $250 unless otherwise allowed by the Act as it may be amended.
9 See. 17 79. Vehiele ownet' t'esllonsibilities.
10 (a) l. velliele evm9r reeeiving a notiee may:
11 (l) Pay the assesses Bivil flenalty flm'saant to instruetions on the notiee; er
12 (2) Aflllear before the sfleeialillagistrate te eontest the netiee.
13 (13) The failare to flay the assessed eivil flenalty and fail are to aflflear before the sfleeial
14 master to eentest the notiee '.viii be eensidered an admission of liability and in saeh ease
15 an order may be entered against the violator for an amoant Hfl to the maJdl1llflll eivil
16 flanalty, fllas any administrative eosts.
17 See. 17 80. Heat'ing beret'e the slIeeial mastel'.
18 (a) The eity's eode enforeement sfleeial nlaster are ffilthorized te hold hearings related to the
19 enfereenlent of this miele. A hearing shall be sehadHled for all notiees for whieh the
20 vehiele ewner timely reqaests an admlnistTative hearing.
21 (b) Upon reeeiflt of the named violator's timely reEJ:llest for an administrative hearing, the
22 eit)' shaH sehedale a hearing before the speeialmaster parSHant te [seetion] 2 25 of the
23 City efSouth Miami Cede. Netiee of hearing shall be flrovidea to the vshiels O'Nner
24 pursuant to the nolies provisions eontainsd in semien 2 25 sf the City of Soath Miami
25 Cede of Ordinanee.
26 (6) The hsaring shall be held flUrSUaIlt to the proeedares set forth in [seetion] 2 25 of the
27 Soath Mianli Code. The eede enforeement effieer may testify at the hearing. The vehiels
28 ewner mEIJ' flresent testimony ar!d e,{idenee.
29 (d) R~eefded images indieating a red zene infraetion, verified by the eo de enforeement
30 offiBer, aI'e admissible in any flf8eeeding before the eity's speeialmagistrate to enforee
31 the provisions efthis artiele, ar!d shall eonstitate prima faeie (:lvidenee of the violatien.
32 (e) Unless an affidavit is flf8vided flarsuant to seetion 17 81, it is presumed th.at th.e flerson
33 registered as the 'felliels owner w1th the Fleriaa Deflartl1lent efMetor Vehieles or any
34 ether state vehiels registration offiee, or an iadividHaI having the evmer's eensel1t, was
35 opeFating the velliele at the time of a red zone il1uaetion.
6
1 See. 17 81. Vehiele OWReF affidavit of non FespoRsibility.
2 (a) In erder fer the whiele eWller te establish that the nleter '{ehiele was, at the time ef
3 the red zone iniFaetion, either: (I) in the eare, eHsted)" er eentrel efanether persen
4 withem the eenseffi ef the registered evmer er (2) was slffijeet te a shert term (less than
5 six (€i) menths) e8£ rental agreement entered inte between a ear rental agene)" whieh is
6 lieensed as required by applieable law and is autherized te eonduet business in the State
7 ef ,"lerida, and the operator ef the vehiele, the vehiele ewner is reqHired, within twenty
8 (20) days from the date listed on the notiee, te furnish to the eity, an affidavit setting ferth
9 the eireUl'nstanees demenstrating, either: (l) that the meter vehiele was net in the vehiele
10 evmer's e8£e, eustod)" or eentrel, and WilS net in the eare, eHstedy er eentrel of another
11 persen witll the ',ehiele evmer's Gensent er (2) that the meter vehiele was slffijeGt to a
12 shert term (less than six (6) months) rental agreement between th.e ear rental agency
13 reeeiving the noties and the ,<,ehiele sperater and previde a true and eOiTeet espy sf the
14 short ternl ear rental agreement, as applieable. The affidavit must 1ge eJEeeuted in the
15 presenee efa 11et8£Y, and inelHde:
16 (I) lfknevm to the ,;ehiels evmer, the name, address, and the driver's lieense 11llffiaer of
17 the persen wlle had eare, eHstedy, or control oftlle meter vehiele, withem tlle
18 vehiele evm6r's eensent, at the time of the alleged red zeee inffaetien; or
19 (2) The name, address and drivers lieense nttraber ef the persen whe rented the moter
20 vehiele from tlle ear rental ageney whieh has reeeived the netiee, at the time ef the
21 alleged fed zone infraetien; er
22 (3) If the vehiele was stelen, the pelies repert indicating the vehicle was stolen at the
23 time efthe alleged Fed zene infraetion; and
24 (4) The fellewing language immediately abeve the signature line: "Ueder penalties of
25 perjllfY, I deelare that 1 have read the feregoing affidavit and tllat tlle faets stated in
26 it are tms. "
27 (5) Upen elmel), reeeipt efa SHffieient affidavit pllfsuant to this seetien, any
28 proseeatisn of the netiee issm~d to the vehiele owner shall ae tefll1inated.
29 Proeeedings rna)' ae €smmen6ed ay tlle eit)' against tllEJ fespensiale persen identified
30 in the affidavit, and in sueh eveet, the respensible persen shall ae slffijeet te the
31 same preeess and preeeffilres whieh are aflplieable te vehiele eWHers.
32
33 See. 17 82. Administraw/e eharges.
34 In addition te tlle penalty pllfsuant ts seetien 17 85 herein, administrative eharges may be
35 assessed pHrsuant te seetien 2 25 eftlle Seuth Miami Cede in tlle event ofa hearing and/er the
36 neeessit)' to institute eolleetien preeedures arises.
37
38 See. 17 8~. ColleetioB of fiBes.
7
1 Cslleetisn sf fines shall be aeeoffij3lishes pW'suant to seetion 2 25 of the South Miami Code.
2 See. 17 84. Euefltiofts.
3 This artiele shall not 8j3ply to red ;'lone infraetions involving "shiele eollisions or to any
4 authori;'led emergeney vshiele responding to a Bona fide emergeney; nor shall a notiee be issued
5 in any ease where the sperator of the vehiels was issued a eitation for violating the state statute
6 regarding the failW'e to slOfl at a res light indieation for the same event sr ineideHl.
7 See. 17 81;. Penslty.
8 A violation of this artiele shall be dsemed a nen eriminal, nsn moving vislHlisn for 'i'.41ieh a eivil
9 penalty, as pfOseribed in this artiels, shall bs assesses. As ths violHlion relates to this artiele ana
10 not to the Florisa Statutes, no points as otherwise flrovided in F.S. § 322.27, shall be reeordes on
11 the driving reserd sf the '{emels owner or responsiBle party.
12 See. 17 86. Enwreement.
13 This artie1e may be enforeed by any other means a-'{ailable to the eity.
14 See. 17 87. Signsge.
15 The eit)' shall, to the eJ[ten~ prae!ieable, at the primary Hlotor vehiele entry points te the eity,
16 sause to be ereetsd and maintained signs, whieh substantially meet the design sfleeifieatioHs
17 iHdieated in Bllhibit "A", providing notiee ofthis artiele. Failtn-e to erse!, maintain or ereate these
18 signs shall not invalidate or impair any enforsemeHt of this artiele.
19 Section 3. Codification. The provisions ofthis ordinance shall become and be
20 made part of the Code of Ordinances of the City of South Miami as amended; that the section of
21 this ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
22 "ordinance" may be changed to "section" or other appropriate word.
23 Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance
24 is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this
25 holding shall not affect the remaining portions of this ordinance.
26 Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all
27 sections or parts of sections of ordinances in direct conflict herewith are hereby repealed.
28 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
29 that give the appearance of being in conflict when two ordinances can be harmonized or when
30 only a portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If
31 the ordinance in conflict can be harmonized by amending its terms, it is hereby amended to
32 harmonize the two ordinances. Therefore, only that portion that needs to be repealed to
33 harmonize the two ordinances shall be repealed.
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Section 6. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this ~_ day of ______ , 2015.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO
FORM, LANGUAGE, LEGALITY
AND EXECUTION THEREOF
CITY ATTORNEY
9
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
316.0083 Mark Wandall Traffic Safety Program; administration; report.-
(l)(a) For purposes of administering this section, the department, a county, or a
municipality may authorize a traffic infraction enforcement officer under s. 316.640 to issue
a traffic citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1. A notice of violation
and a traffic citation may not be issued for failure to stop at a red light if the driver is
making a right-hand turn in a careful and prudent manner at an intersection where right-
hand turns are permissible. A notice of violation and a traffic citation may not be issued
under this section if the driver of the vehicle came to a complete stop after crossing the stop
line and before turning right if permissible at a red light, but failed to stop before crossing
over the stop line or other point at which a stop is required. This paragraph does not
prohibit a review of information from a traffic infraction detector by an authorized employee
or agent of the department, a county, or a municipality before issuance of the traffic citation
by the traffic infraction enforcement officer. This paragraph does not prohibit the
department, a county, or a municipality from issuing notification as provided in paragraph
(b) to the registered owner of the motor vehicle involved in the violation of s. 316.074(1) or
s. 316.075(1)(c)1.
(b)1.a. Within 30 days after a violation, notification must be sent to the registered owner
of the motor vehicle involved in the violation specifying the remedies available under s.
318.14 and that the violator must pay the penalty of $158 to the department, county, or
municipality, or furnish an affidavit in accordance with paragraph (d), or request a hearing
within 60 days following the date of the notification in order to avoid the issuance of a traffic
citation. The notification must be sent by first-class mail. The mailing of the notice of
violation constitutes notification.
b. Included with the notification to the registered owner of the motor vehicle involved in
the infraction must be a notice that the owner has the right to review the photographic or
electronic images or the streaming video evidence that constitutes a rebuttable presumption
against the owner of the vehicle. The notice must state the time and place or Internet
location where the evidence may be examined and observed.
c. Notwithstanding any other provision of law, a person who receives a notice of violation
under this section may request a hearing within 60 days following the notification of
violation or pay the penalty pursuant to the notice of violation, but a payment or fee may
not be required before the hearing requested by the person. The notice of violation must be
accompanied by, or direct the person to a website that provides, information on the
person's right to request a hearing and on all court costs related thereto and a form to
request a hearing. As used in this sub-subparagraph, the term "person" includes a natural
person, registered owner or coowner of a motor vehicle, or person identified on an affidavit
as having care, custody, or control of the motor vehicle at the time of the violation.
d. If the registered owner or coowner of the motor vehicle, or the person designated as
having care, custody, or control of the motor vehicle at the time of the violation, or an
authorized representative of the owner, coowner, or designated person, initiates a
proceeding to challenge the violation pursuant to this paragraph, such person waives any
challenge or dispute as to the delivery of the notice of violation.
2. Penalties assessed and collected by the department, county, or municipality authorized
to collect the funds provided for in this paragraph, less the amount retained by the county
or municipality pursuant to subparagraph 3., shall be paid to the Department of Revenue
weekly. Payment by the department, county, or municipality to the state shall be made by
means of electronic funds transfers. In addition to the payment, summary detail of the
penalties remitted shall be reported to the Department of Revenue.
3. Penalties to be assessed and collected by the department, county, or municipality are as
follows:
a. One hundred fifty-eight dollars for a violation of s. 316.074(1) or s. 316.075(1)(c)1.
when a driver failed to stop at a traffic signal if enforcement is by the department's traffic
infraction enforcement officer. One hundred dollars shall be remitted to the Department of
Revenue for deposit into the General Revenue Fund, $10 shall be remitted to the
Department of Revenue for deposit into the Department of Health Emergency Medical
Services Trust Fund, $3 shall be remitted to the Department of Revenue for deposit into the
Brain and Spinal Cord Injury Trust Fund, and $45 shall be distributed to the municipality in
which the violation occurred, or, .if the violation occurred in an unincorporated area, to the
county in which the violation occurred. Funds deposited into the Department of Health
Emergency Medical Services Trust Fund under this sub-subparagraph shall be distributed as
provided in s. 395.4036(1). Proceeds of the infractions in the Brain and Spinal Cord Injury
Trust Fund shall be distributed quarterly to the Miami Project to Cure Paralysis and used for
brain and spinal cord research.
b. One hundred fifty-eight dollars for a violation of s. 316.074(1) or s. 316.075(l)(c)1.
when a driver failed to stop at a traffic signal if enforcement is by a county or municipal
traffic infraction enforcement officer. Seventy dollars shall be remitted by the county or
municipality to the Department of Revenue for deposit into the General Revenue Fund, $10
shall be remitted to the Department of Revenue for deposit into the Department of Health
Emergency Medical Services Trust Fund, $3 shall be remitted to the Department of Revenue
for deposit into the Brain and Spinal Cord Injury Trust Fund, and $75 shall be retained by
the county or municipality enforcing the ordinance enacted pursuant to this section. Funds
deposited into the Department of Health Emergency Medical Services Trust Fund under this
sub-subparagraph shall be distributed as provided in s. 395.4036(1). Proceeds of the
infractions in the Brain and Spinal Cord Injury Trust Fund shall be distributed quarterly to
the Miami Project to Cure Paralysis and used for brain and spinal cord research.
4. An individual may not receive a commission from any revenue collected from violations
detected through the use of a traffic infraction detector. A manufacturer or vendor may not
receive a fee or remuneration based upon the number of violations detected through the
use of a traffic infraction detector.
(c)1.a. A traffic citation issued under this section shall be issued by mailing the traffic
citation by certified mail to the address of the registered owner of the motor vehicle
involved in the violation if payment has not been made within 60 days after notification
under paragraph (b), if the registered owner has not requested a hearing as authorized
under paragraph (b), or if the registered owner has not submitted an affidavit under this
section.
b. Delivery of the traffic citation constitutes notification under this paragraph. If the
registered owner or coowner of the motor vehicle, or the person designated as having care,
custody, or control of the motor vehicle at the time of the violation, or a duly authorized
representative of the owner, coowner, or designated person, initiates a proceeding to
challenge the citation pursuant to this section, such person waives any challenge or dispute
as to the delivery of the traffic citation.
c. In the case of joint ownership of a motor vehicle, the traffic citation shall be mailed to
the first name appearing on the registration, unless the first name appearing on the
registration is a business organization, in which case the second name appearing on the
registration may be used.
2. Included with the notification to the registered owner of the motor vehicle involved in
the infraction shall be a notice that the owner has the right to review, in person or remotely,
the photographic or electronic images or the streaming video evidence that constitutes a
rebuttable presumption against the owner of the vehicle. The notice must state the time and
place or Internet location where the eVidence may be examined and observed.
(d)1. The owner of the motor vehicle involved in the violation is responsible and liable for
paying the uniform traffic citation issued for a violation of s. 316.074(1) or s.
316.075(l)(c)1. when the driver failed to stop at a traffic signal, unless the owner can
establish that:
a. The motor vehicle passed through the intersection in order to yield right-of-way to an
emergency vehicle or as part of a funeral procession;
b. The motor vehicle passed through the intersection at the direction of a law enforcement
officer;
c. The motor vehicle was, at the time of the violation, in the care, custody, or control of
another person;
d. A uniform traffic citation was issued by a law enforcement officer to the driver of the
motor vehicle for the alleged violation of s. 316.074(1) or s. 316.07s(1)(c)1.; or
e. The motor vehicle's owner was deceased on or before the date that the uniform traffic
citation was issued, as established by an affidavit submitted by the representative of the
motor vehicle owner's estate or other deSignated person or family member.
2. In order to establish such facts, the owner of the motor vehicle shall, within 30 days
after the date of issuance of the traffic citation, furnish to the appropriate governmental
entity an affidavit setting forth detailed information supporting an exemption as provided in
this paragraph. '
a. An affidavit supporting an exemption under sub-subparagraph l.c. must include the
name, address, date of birth, and, if known, 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 violation. If the vehicle was stolen at the time of the alleged offense, the
affidavit must include the police report indicating that the vehicle was stolen.
b. If a traffic citation for a violation of s. 316.074(1) or s. 316.07s(1)(c)1. was issued at
the location of the violation by a law enforcement officer, the affidavit must include the
serial number of the uniform traffic citation.
c. If the motor vehicle's owner to whom a traffic citation has been issued is deceased, the
affidavit must include a certified copy of the owner's death certificate showing that the date
of death occurred on or before the issuance of the uniform traffic citation and one of the
following:
(I) A bill of sale or other document showing that the deceased owner's motor vehicle was
sold or transferred after his or her death, but on or before the date of the alleged Violation.
(II) Documentary proof that the registered license plate belonging to the deceased owner's
vehicle was returned to the department or any branch office or authorized agent of the
department, but on or before the date of the alleged violation.
(III) A copy of a police report showing that the deceased owner's registered license plate
or motor vehicle was stolen after the owner's death, but on or before the date of the alleged
violation.
Upon receipt of the affidavit and documentation required under this sub·subparagraph, the
governmental entity must dismiss the citation and provide proof of such dismissal to the person that
submitted the affidavit.
3. Upon receipt of an affidavit, the person deSignated as having care, custody, or control of
the motor vehicle at the time of the violation may be issued a notice of violation pursuant to
paragraph (b) for a violation of s. 316.074(1) or s. 316.07s(1)(c)1. when the driver failed
to stop at a traffic signal. The affidavit is admiSSible in a proceeding pursuant to this section
for the purpose of providing proof that the person identified in the affidavit was in actual
care, custody, or control of the motor vehicle. The owner of a leased vehicle for which a
traffic citation is issued for a violation of s. 316.074(1) or s. 316.07s(1)(c)1. when the
driver failed to stop at a traffic signal is not responsible for paying the traffic citation and is
not required to submit an affidavit as specified in this subsection if the motor vehicle
involved in the violation is registered in the name of the lessee of such motor vehicle.
4. Paragraphs (b) and (c) apply to the person identified on the affidavit, except that the
notification under sub-subparagraph (b)l.a. must be sent to the person identified on the
affidavit within 30 days after receipt of an affidavit.
5. The submission of a false affidavit is a misdemeanor of the second degree, punishable
as provided in s. 775.082 or s. 775.083.
(e) The photographic or electronic images or streaming video attached to or referenced in
the traffic citation is evidence that a violation of s. 316.074(1) or s. 316.075(1)(c)1. when
the driver failed to stop at a traffic signal has occurred and is admissible in any proceeding
to enforce this section and raises a rebuttable presumption that the motor vehicle named in
the report or shown in the photographic or electronic images or streaming video evidence
was used in violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop
at a traffic signal.
(2) A notice of violation and a traffic citation may not be issued for failure to stop at a red
light if the driver is making a right-hand turn in a careful and prudent manner at an
intersection where right-hand turns are permissible.
(3) This section supplements the enforcement of s. 316.074(1) or s. 316.075(1)(c)1. by
law enforcement officers when a driver fails to stop at a traffic signal and does not prohibit a
law enforcement officer from issuing a traffic citation for a violation of s. 316.074(1) or s.
316.075(1)(c)1. when a driver fails to stop at a traffic signal in accordance with normal
traffic enforcement techniques.
(4)(a) Each county or municipality that operates a traffic infraction detector shall submit a
report by October 1, 2012, and annually thereafter, to the department which details the
results of using the traffic infraction detector and the procedures for enforcement for the
preceding state fiscal year. The information submitted by the counties and municipalities
must include statistical data and information required by the department to complete the
report required under paragraph (b).
(b) On or before December 31, 2012, and annually thereafter, the department shall
provide a summary report to the Governor, the President of the Senate, and the Speaker of
the House of Representatives regarding the use and operation of traffic infraction detectors
under this section, along with the department's recommendations and any necessary
legislation. The summary report must include a review of the information submitted to the
department by the counties and municipalities and must describe the enhancement of the
traffic safety and enforcement programs.
(5) Procedures for a hearing under this section are as follows:
(a) The department shall publish and make available electronically to each county and
municipality a model Request for Hearing form to assist each local government
administering this section.
(b) The charter county, noncharter county, or municipality electing to authorize traffic
infraction enforcement officers to issue traffic citations under paragraph (l)(a) shall
deSignate by resolution existing staff to serve as the clerk to the local hearing officer.
(c) Any person, herein referred to as the "petitioner," who elects to request a hearing
under paragraph (l)(b) shall be scheduled for a hearing by the clerk to the local hearing
officer to appear before a local hearing officer with notice to be sent by first-class mail.
Upon receipt of the notice, the petitioner may reschedule the hearing once by submitting a
written request to reschedule to the clerk to the local hearing officer, at least 5 calendar
days before the day of the originally scheduled hearing. The petitioner may cancel his or her
appearance before the local hearing officer by paying the penalty assessed under paragraph
(l)(b), plus $50 in administrative costs, before the start of the hearing.
(d) All testimony at the hearing shall be under oath and shall be recorded. The local
hearing officer shall take testimony from a traffic infraction enforcement officer and the
petitioner, and may take testimony from others. The local hearing officer shall review the
photographic or electronic images or the streaming video made available under sub-
subparagraph(l)(b)1.b. Formal rules of evidence do not apply, but due process shall be
observed and govern the proceedings.
(e) At the conclusion of the hearing, the local hearing officer shall determine whether a
violation under this section has occurred, in which case the hearing officer shall uphold or
dismiss the violation. The local hearing officer shall issue a final administrative order
including the determination and, if the notice of violation is upheld, require the petitioner to
pay the penalty previously assessed under paragraph (l)(b), and may also require the
petitioner to pay county or municipal costs, not to exceed $250. The final administrative
order shall be mailed to the petitioner by first-class mail.
(f) An aggrieved party may appeal a final administrative order consistent with the process
provided under s. 162.11.
History.-s. 5, ch. 2010-80; s. 98, ch. 2012-174; ss. 3, 74, ch. 2012-181; s. 43, ch. 2013-
15; s. 5, ch. 2013-160.
316.00831 Distribution of penalties collected under s. 316.0083(1)(b).-The Department
of Highway Safety and Motor Vehicles or any county or municipality authorized to issue a
notification and impose a penalty under s. 316.0083(1)(b) that collects any such penalty
after the effective date of this act, but prior to notification by the Department of Revenue of
its ability to receive and distribute the penalties collected, must retain the portion of the
penalty required to be remitted to the Department of Revenue until the Department of
Highway Safety and Motor Vehicles, county, or municipality is notified by the Department of