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252 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 C) 22 -23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 \ 44 ) 45 46 ORDINANCE NO. ___ _ An Ordinance amending Chapter 17, Article IV of the City Code entitled "Dangerous Intersection Safety"; providing for use of the traffic infraction detectors to promote compliance with red light signal directives consistent with general law of the State of Florida. WHEREAS, in 2010, the Florida Legislature passed CS/CS/HB325 authorizing a municipality to use traffic infraction detectors to enforce certain provisions of Chapter 316, Florida Statutes; and WHEREAS, the Governor of the State of Florida signed CS/CSIHB325 into law on May 13, 2010, resulting in the creation of Chapter 2010-80, Laws of Florida, known as the "Mark Wandall Traffic Safety Act"; and WHEREAS, the Mark Wandall Traffic Safety Act was subsequently amended including by .CS/CSIHB 7125 adopted during the 2013 Legislative Session, signed into law by the Governor on June 12,2013, and resulting in Chapter 2013-160, Laws of Florida, taking effect on July 1, 2013 (as used herein the term "Act" means the Mark Wandall Traffic Safety Act as amended); and WHEREAS, the running of red lights continues to be a safety hazard affecting every citizen and traveler in the City of South Miami; and WHEREAS, tlle City wishes to further reduce the rmming of red lights by amending its Code of Ordinances to implement the Act; and WHEREAS, the Mayor and City Commission fmd that portions of Chapter 17, Article IV of the City Code entitled "Dangerous Intersection Safety" enacted pursuant to the City's home rule autllority but which have not been implemented by the City, have been preempted by the State by its enactment ofthe Act; and WHEREAS, the Mayor and City Commission desire to amend Chapter 17, Article IV of tlle City Code so as to conform with and implement the Act. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Recitals Adopted. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of tllls Ordinance upon adoption hereof. Section 2. Dangerous Intersection Safety. Chapter 17, Article IV, Dangerous Intersection Safety, of the City of South Miami's Code of Ordinances is hereby amended to read as follows: Page 1 of9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 e!:., Sec. 17-71. -Intent. The purpose of this Aarticle is to authorize the use of -Traffic Infraction Detectors an autem.a<;ed cameras/menitering system to promote compliance with red light signal directives as preseribed By this article, and to adopt a civil enforcement system for red light signal violations~. in accordance with Chapter 2010-80, Laws of Florida. as amended, including as amended by Chapter 2013-160, Laws of Florida (the "Mark Wandall Traffic Safety Act" or the "Act"). The use of Traffic ll1fraction Detectors is just· one means of enforcing This article will alse supplement law enfercen1eHt persenael in the enforcement ef 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 reatme staMef)' traffic enforcement techniques authorized by law. This Article is intended to comply with the Act, il1cluding any amendments thereto, and this Article shall be read in pari materia with the Act as the Act may be amended from time to time. Sec. 17-72. -Use of Traffic Infraction DetectorsiHllIge cllptarc tecllBologies. The Ceity shall utilize Traffic Infraction Detectors pursuant to the Mark Wandall Safety Act as a image capture teehoolegies as a supplemental means of monitoring compliance with laws related to traffic control signals, vAHle assisting law enforcernent perselli1cl if1 the enforcement ef sash laws, which are designed to protect and improve public health, safety and welfare. This Article seetien shall not supersede, infril1ge, curtail or impinge upon state or county laws related to red light signal violations or conflict with such laws. Nothing herein shall conflict with the primary jurisdiction of Miami-Dade County to install and maintain traffic signal devices. This Article shall serve to enable the City to provide enhanced enforcement with respect to authorized traffic signal devices pursuant to Chapter 316 and including Sections 316.008, 316.0083, 316.074(1) and 316.075(J)(c)1, Florida Statutes. This article shall servo to enaBle the oity te provide ellhances ollforoemsRt and respect for amherizes traffic signal sevises. The oity rnay utilize m1age capture teehoolegies as an ancillary scterrel1t te traffic oentrel signal violatiens ans te thereBY reduce aeoisollts and iJ~uries asseeiates with such violatiens. :Netioes efinfractiens issues pursuant 1e this artisle shall Be addresses using the oily's special rnaster pursuant te sabsectiel1 2 25(f) efthe City Cede ef Ordinances and not threugh aniforrn traffio citatiens er ceuHty ceurts. This sljal.1 net bar the use ef unifofH1 traffio oitatiells and the oeuHty ceurts when oity pelioe pers0lmel decide net te rely on this artiole as the enfereernent rnechanism for a speoifie violatien. 35 Sec. 17-73. -Defmitions. 36 Unless specifically defmed herein, terms used in this ordinance shall be defmed pursuant 37 to the definitions in Section 316.003, Florida Statutes, or as other\\-ise defined in the 38 Florida Statutes for purposes of the Act.The fellewing definitiens shall apply te this 39 artisle: 2 (j n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 _ 17 () 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 \ ) -'-- 34 35 IRterseetien. The area ernbraeed witbiB the preleagatieB ef eeooeeti.eB ef the lateral earb line; er, ifnene, then the laterad betmdary lines, efthe read ways eftwe (2) reads v.hieh jein er interseet eue anether at, er 8]3]3r8Jumately at, right aagles; er the area within v.~1ieb '1ehieles traveling upeB different reads jeiBiBg a: all)" ether aH.gle may 6eme in eenniet. Meier vehicle. i\ny self ]3repeJled vehiele Bet eperated U]3eB rails er guide way, bm net ineluding any bieyele er eleetrie persena! assisted mebility s.e'lies. OII'nel;l,ehiete ewner. The persen er entity identified by the Flerida Departrnent ef Meter Vehieles, or ether state vebiele registratien emes, as the rsgisteres ewner ef a '!shiele. Sueb teml shall a!se mean a lessee ef a meter velliele p~ir&Uan::e a lease ef six (6) months or mere. Reeel'ded images. Images reeereed by a trame eeBtrel sigflal meBitering system,ls.twiee: (l)On: (a)Twe (2) or Blere phetegraphs; (b)Twe (2) or Bl0re eleetreBie images; (e)Two (2) er mere sigital images; (s)Digita! er video movies; er (e)i\ny other mediwn that ean display a "ielatien; and (2)Shewing ,ne rear ef a Ble:er ",ehiele ans eB at least ene ilnage, elearly identifying th.c lissase plate number efthe vehiele. Red zene iffjraetien. A trafne effunse whereby a trame eeatrel siglia! meRi:ering systenl established that a "shiele entered aa interseetien eentrolled by a duly ereeted traffie eeRtrel dS'.'iee at a time '''''h.en the trame semI'S! signa! fer saell vehiels's sireetien ef travel was emitting . a steasy red sigflal , Speeial masler. Th.e eily's eese enfereernen: s]3eeia! master, as Eleseribes in seetiea 2 24 ef the City Cede ef OrdinaIlees. baffle seRlrel infractieR review 9ffieer. The sHy peliee d6J3artment effiJ3leyee designates, plH'saant te seetien17 77 herein, te review reeerded images and issae red zene infFaetieas baseEl U]3en these images, . , Traffic eeRlret sigRaJ. A seviee el(hibitiag different eeleres lights er eelereslightes arrews, saeeessi'.'sly one at a time er in eembinatiea, asing enly the eelers green, yellew, and res whieb indieate aIld apply to dri'lers efmeter vehie!es as previded in F.g. § 316.Q7S. Trtiffie eentre! signat mel1ileril'lg syslef}~(de]liee. An e!eetrenie systenl eeHsistiltg ef ene er mere vehiele sensers, werong ia eeBjtli1etiea with a traffie eentrel sigHal, still samera aH.d viseo reeerding d8'/iee, te eaptBre and predaee resoreed images sf meter vehieles entering aa interseetiea against a steady red light signa! indisatien, Sec. 17-74. -Adherence to red light traffic control signals. 3 1 Pursuant to general law, mMotor vehicle h'affic 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 (j 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 h'affic 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 traftic 011 the intersecting roadway before 8 entering the intersection in obedience of a steady red traffic control signal, may make a right tum 9 funJess such turn is otherwise prohibited by posted sign or other traffic control deviceh but shall 10 nevertheless yield the right-of-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 issned under this Article when a driver, who is not prohibited from making a right turn 13 while facinga traftic control signal's steady red light indication, does come to a complete stop 14 anywhere at r~IMm~~~~~filijl:i 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 tum 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.sectioll ++-+4 316.074(1) or 316.075(1)(c)1, Florida C) 23 Statutes. Violations shall be enforced pursuant to Section 316.0083, Florida Statutes, and this 24 Articel seetlen 17 77. 25 Sec. 17-76._Ninety day notice; ifttFOductoFY pcriod -Implementation of General Law 26 The peHee ehief shaY fletify the eity maaager v"hea the red light ea!flera system is eperatiag 27 eerreetly at the initialleeatiell estalliishee. Fer the niRet)' (90) days fellevf.ng said netifieatiea, 28 Huless the driver of a '.'ehiele reeeived a eitationfrefl1 a Jloliee effieer at the time efa red :/ione 29 infraetien m aeemeaaee with rOHtine trame enforeemeat teehniques, the 'lehiele ewner shall . 30 reeeive a 'Naming in the form ef a eeartesy netiee ef the 'Relation. Cefl1fl1eneiag niBety ene (91) 31 days after ,he above reforeneed n&'..ifieation, the ",effie1e e';vner is S\'l6] eet '.0 ,he eaforeernent 32 previsions as previdea herem ana ne warning shall 6e given pHFS\'lant te this artiele. 33 34 35 36 37 38 39 40 41 In accordance with the Mark Wandall Traffic Safety Act, the City authorizes the implementation of the provisions and requirements of the Act including the issuance of notices of violations and uniform traffic citations by traffic infraction enforcement officers as provided in Section 316.0083, Florida Statutes. PHFS<laRt teAs authorized by Section 316.003(91), Florida Statutes, the City shall by resolution appoint a member of City staff shall flSe its as clerk to the local hearing officer and the City's code enforcement Sspecial magistrate Master to shall have the ex officio duties of and serve and be known as the City's L-Iocal Hhearing Oofficer authorized to conduct hearings related to a notice of violation issued pursuant to Section 316.0083ffifa1 Florida Statutes.~ All proceedings before the City'S Speical Master, 4 (j 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 -20 (J 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ) 37 38 acting as the City's Local Hearing Officer shall be conducted in accordance with the Act and this Article. Sec. 17-77. -RlWiew of reeerded images. Consistency with State Law. (a) The eWller ef fue "elEele v,±tieh is eeservee ey reeereee images eelllIllirting a ree zelle illfraetiel1 shall ee issuee.a l1etiee efvielatiell (hereillafter else kllewl1 as a "Ileliee"). The reserded image shell be sumeienl gr81mds Ie issue a Iletiee. (6) 'The eity's ehi.ef ef jlelie6 shell designate a traine eelltrel infrastiell review effieer, whe shell ee a jleliee eftieer efthe eity ef who shaU meet !h.e E[uadifieatiells set feM in F.g. § 316.640(5)(A), ef any ether relevant statute. The traflie eentrel infraetiell re'~ie'N effieer shell review rseerded images jlrier Ie fue issuance ef a Iletiee te 61lSBf6 the aceuraey and integrity efthe recerded images. Ollce fue traffic eentrel illfmetioll revie>;,' efficer has verifiee the accuracy ef the recerded images, he er she shell cemplete a r6jlert, and a Ileties shall ee sent te fue vehiele ewns!' at fue address en reeeTe with fue Flerida Dejlartment ef Highway Safu'1 and Meter Vehicles er the adElress en reeerd with th.e ajlprepriate ageney having ilUcll infennatien in anether state. (a) This artieIeArticle shall be interpreted and applied so that it is consistent with state law, including but not limited to, the Mark Wandall Traffic Safety Act. (b) Any amendment to any applicable state law shall automatically apply to the enforcement and application of this artieIeArticle, whether or not tins artieIeArticle or any provision hereof has been amended to specifically address such amendment to state law. Without limitation, any future amendment regarding the amount of the civil penalty or the apportiomnent of the proceeds thereof shall be deemed applied in the enforcement of this artieIeArticle, even prior to a specific amendment to this Aarticle to make thise Aartic1e consistent with such change in state law with respect to the amount of the penalty or the apportionment of the proceeds thereof. Sec. 17-78. N8tiee afvi81ati8B. Administrative Costs. The 1'l.etiee shell ee in the fenn as provided fer in [sueseetien)2 25(2) of the City Cede ef Ordinanees eut shell else inelude: (1\) The name and address of the "elliele e'NIler; (B) The lieellse jllate llUfI1eer and registra:iellllumeer eUbe vehicle; (C) The make, medel, and year efthe vemele; ED) }!etiee that the infractiell eharged is jlW"suant te this artiele; . EE) The leeatiell ef the interseetien vihere the infraetien eeeurred; (1") }Ietiee that there are reeerEled images relating te fue "emele and a statemeat fuat fue reeerEled images are evidenee ef a reEl ",el1e infraotien; 5 (0) Images depisting the illfraotion; 1 2 3 4 (H) A signed stmenloot By a oode emorsoment off leer thm Based on insj3setion of reoorded images, the vehiole ;,vas involved in and was utilized to oommi: a red zono 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 W andall 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 owner responsibilities. 10 (a) A "ohiele O'N!Joer reeeiving a notiee may: 11 (1) Pay the assessed sivil j3ellliky parsuaHt to instruetions on the notiee; Of 12 (2) j\'ppear Before the spssial magistrate to sontest the noties: 13 (13) The failuro to pay the assessed eivil penalty and failure to appear before tae speeial 14 master to sontest the noties will be eensidered an admission of liability aad in sueh ease 15 an order may be entered against the violmor for an an'ieunt ap to the maJ[iml£R eivil 16 penalty, plus any administrative eests. 17 See. 17 gO. Hearing befare the speeiaJ master. 18 (a) The oity's oode enforoement speeialnlaster are authorized to hold hearings related to the 19 enforeemeIa of this artiele. A hearing shall be seheduled for alll10tiees for 'Nll'ieh tile 20 vehiele OWHer timely reE[tlests an adnl'inisirative hearing. 21 (b) Upon reeeipt of the nanled violmer's timely reE[tlest for an adiTIiJl'istmtive hearing, the 22 eity shall sehedule a heariflg before the speeial master purstlallt to [sastian] 2 25 of the 23 City of South Miami Code. J-Jetise ofhear'.Rg shall be provided to the vemele owner 24 j3urSUaJst to the notiee previsions eontained in sestion 2 25 of the City of South Mianli 25 Code of Ordinaaee. 26 (0) The heariJIg shall be held. pursaant to the proeedures set forth in [seetion] 2 25 of the 27 South Miami Code. The eede snforeernent offieer rnay testify m the hearing. The vehiels 28 OWfler may present testimony and evidenee. 29 (d) 0 Reeorded images indieating a red zone infraetion, verified by the so de eni'orsernent 30 offieer, are adInissible in any proseeding befere the eity's speeial magistrate to enforee 31 the prov1siol1S oftll'is artisle, and shall eonstitute prima fa£i.e evidenee of the violation. 32 (e) Unless aa affidavit is provided pursuantto sestion 17 81, i: is presamed :halo tho'" j3erson 33 registered as the vehiele OVffler with the Florida Depar'.maHt of Motor Vemoles or any 34 other state '"elliele registration affies, or aa individaal having the owner's eansent, 'Nas 35 operatoing the 'leresIs at the time of a red zone infrastion. 6 , ) . () , , () 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 See. 17 81. Vehiele 9WBeF affidavit 9f B9H Fesp9Bsibility. (a) In mcier fer the vahiele ewner te estaBlish that the meter vBhiele ',>,'as, at the time of the reci zeRe iflfiaetieR, either: (1) iR the eare, eustedy, er sentrel ef anether persen witheut the GeRseRt ef the registered eVffler er (2) was slll3j eet te a sh81t term (less than sill (6) meRths) ear reRtEil agreement BRtered iRte Betwe6!l a ear rentEil agooey, whish is liGensed as requireci By appliGable law and is autherized to eenciuet Business in the State efFlorida, and the eperatof of tho vehiGle, the vehicle eVffler is requireci, within tweRty (20) days trem the date listeci en the natiee, te fun!ish ta the city, an afficiltvit setting ferth the eirooJRstllnees demenstra'ing, either: (l) that the meter vehiele was net in the vehiele ewner's eare, eustody, er eentrel, and was net in the sare, eustociy ar eentrel ef another perSOR with the vehicle ewner's sauseRt Sf (2) that the metar "shiele was sUlJjeet ta a sheFt term (less than Sill (6) menths) roRtEil agreement between ili,e car rental ageney reeeiving the notiee and the vebfele eperatar and previEle a true and C81Teet cepy afthe shaft term ear rontEil agreement, as applieable. The afficia'vit nllist be el(eeuted in the presenee ef a netary, and inelucie: , (I) If kneVIlJ te the vehiel e eVllJer, the name, ad dress, and the driver's lieense number ef the persell wlla had care, eusteciy, sr eentralefthe meter ',chicle, witheut the vehicle e'Nfl.er's eensent, at the time efthe Eilleged feci zene intraetieu; er (2) The _.e, address and drivers lieense number af the persan 'Nhe reRted the meter vehicle frem the car rentEil agency whish has reeeived the Rs1iee, at the time efthe Eil1egeci red zene imraetiaR; ef (3) If the velliele Vias steieR, the paliee rcpeFt indieating the vehicle was stelen at the time ef the alleged reci zane infraetisn; anci (4) The fellmving \angtlage immediately abeve the signature line: "Under penEilties ef perjmy, I deelare that I have reaci the foregeing affidavit aIlci that the faets stated in it are trtle. " (5) Upen timely reeeip1 ef a suffieient afficia"it pursuant te this seetien, aIlJ' presecutieR afthe netiee isstleci te the "shiele eV/Her shEilI he terminated .. Preeeedings may he eemmeneed hy the eity agffinst 1he respsnsible persan icieRtified in. the affidavit, Effici in such event, the respensible persan shEil] he sUlJjeet te the same praeess Effici preeedurcs whish are applieahle 1s yehicle ewners. 33 See. 17 82. "~dmiBistFRtiYe eltaFges. 34 In adciitian 1a the penalty ptlrsuant ts seetien 17 85 herein, aciministrative cllarges may be 35 assesseci pursuant 1e seetiau 2 25 efthe Seuth Miami Gecis in the event sf a hearing an9,ler the 36 Rseessity te institl~te celleetien preeeaures arises. 38 See. 17 8~. Calieeti9B 9ffiBes. 7 1 ColleetioR offiRes shall be aeeomplished pmsuant ';0 seetioR2 25 of the SOHth Miami Code. n 2 See. 17 !l4. Exeeptions. 3 This artiele shall Rot apply to red ZORe infi'astiolls iRvolving vehiele eoliisioRs or to any 4 authorized emergency vehicle respoRding to a bona fide e!RorgoRey; Ror shall a Rotice be issHed 5 iR ffi'ly ease wbere the operator of the vehicle was issued a citatioR for violatiRg the state statute 6 regarffing the [ailme to stop at a red light iRdieatioR for the same eveRt or iRciaont. 7 See. 17 !lS. Penlllty. 8 A violatioR of this article shall be dSerRed a non criminal, Ron moving violation for whieh a eivil 9 penalty, as proseribed in this artiele, shall be assessed. As ilie violation relates to this artiele and 10 Rot to ilie Florida Stamtes, no poiRts as othel'\,ise provided iR F.S. § 322.27, shall be resoraed OR 11 the driviRg reeord of the vohiele O'II'fIer or respoRsible party. 12 See. 17 !lb. Eni'ereemeHt. 13 This artiele may be onforeed by any other means available to the eily. 14 See. 17 !l7. SigHllge. (J 15 The eity shall, to ilie eJetent prae:ieable, at the primary motor ','ehiele entry points to the eily, 16 Gause to be ereeted and maintained signs, which substantially meet the design speeifieations 17 indicated in Blrnibit "A", providing nonee of this artiele. Faimre to crest, IIHtintain or sreate these 18 signs shall not invalidate or impair any onforeemeRt of this arriele. 19 Section 3. Codification. The provisions of this ordinance shall become and be 20 made part of the Code of Ordinances ofthe 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 ofthis 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 tenns, it is hereby amended to 32 harmonize the two ordinances. Therefore, only that portion that needs to be repealed to I~ ) 33 harmonize the two ordinances shall be repealed. 8 3 4 5 6 7 8 9 10 11 11 13 14 15 16 17 18 C) 19 20 21 22 23 24 ) Section 6. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTEDthis __ 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 c) C) n (J ) 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 InjuryTrust Fund, and $4S 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(1)(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)l.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)l. 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(1)(c)l. 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. 316.075(l)(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 1.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. 316.075(l)(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. 316.075(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. 316.075(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)1.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. n n C) !) ,~- (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 toenforce 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 paragrap'h (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 n 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 unders. 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 " ,J Highway Safety and Motor Vehicles, county, or municipality is notified by the Department of , 36SE I News NEIGHBORS " The Public is advised that the South A Municipal Advisory Committee (MAC) will be holding a meeting on Tuesday, September 29, 2015 at 6:30 P.M. at DeerwolJd Bonita lakes Park, 14445 SW 122nd Avenue, Miami, 33186. The MAC will be evaluating the potential incorporation of the area into a separate municipality; rt will also be meeting with staff to discuss the County's concerns regarding any adverse impact to the remaining unincorporated municipal service area or other regional municipal-type services that could occur due to allY such incorporation. The MAC area is generally bounded as follows: ./.r-%'i1,,,,, (,~J ,;\.:1.;:)"" ,~~~~i NORTHERN MOST BOUNDARY: SW 12ath Street SOUTHERN MOST BOUNDARY: SW 232nd Street EASTERN MOST BOUNDARY: US, WESTERN MOST BOUNDARY: SW 157th Avenue (Bf1IlfIdaries anly Include areas within Crrurrty Cammission District 9 far study area) CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission o[(he City OfSDuth Miami, Florida will,cDnduct Public Hearing(s) at its TCgularCity Commission mc<>ting seheduled for Tuesday. Octt>"", 6, 2015 begumins at 7:00 p.m., in Ihe City COIllmission Chambers, 6130 Sunset Drive, t[l cIln.id...-ihe follmvulg hem(.): A Resolution npprodll!l an application for a variance for" new devdllpmeatlo.:atcd at 6201 Slm~"t Drive. A Resolution for spilcial us.:: approval to permit two (2) gcncr,11 re:rtaurants at 5840 SW 71 Street. A R~solution apprming a special e;u:eption waiving strict compliance with the pmvision~ of the hometown district owrlayparldng requireml'llts. to Iox:ate two (2) g~'IllT..l1 re~laur""ts at 5840 SW 71 Street. A Resolution approving a special exception to constru~t a 5 ~tory Lorge Scale Dewlopment at 6201 Sunset Drive within the T"'IJ.,it Oriented De¥cloplIlt.'Ilt District Mixed Usc-5 "TODD MU-S" roning district. A Rml"lulion authorizing the City Manager to enter into a three-year agre<mlcnt and one, two-y= option rm' a total of five consecutive yenrs, with Southern Carpet Care Inc. DBA Elit~ Maintenance & Management Co. for janitorial services as required by the City. ( An Ordinan"" "mending Chapter 17, Article IV of the City Code entitled "D""l:"tuU8 InI<-'l'Sc<.1i''11 SaMl") providing for II~C of the traffic infraction del~cto", to promote compliance with red light signal directive< con:;ist~'Ilt with generall.w or tile State of Florid". An Ordinance Adopting a Small Scale Amcndm~"Ilt tu the ~'ut"rc Lund U~e Map of the Curnprehensivc Plan. anlending the designation of the Marshall Wi11i~ms!lll property k'caled at approximately SW 61" Court and SW 64'"Terrdcc, from Single Family Re~identinl_ Two Story to Multifamily Re"identi,~ -Four Slory. An Ordinance amending the Official Zoning :iliaI' a.~ provided in the City of South Mimni Land Development Colk. Article m, "Zoning Rcgulations,~ Se;;:tion 20.J.l(C}, and other applicable prmi~ions, amending the d"'Signation oflbe Man:hall Williamsml property loomed af appro;<imately SW 61" Court and SW 64'" Terrace, from Small wtSingle-Family Residential Di~triCl RS-410 Low Density Multi-Family Residential District RM-18. ALL interested parties ore invited 10 attend and willl>c: heard. Fur furtlle'r infunnmion. please contact the City Clerk's Offic"C at: 305_M3-1i340. Pur.m.m 10 Flruido SfO\Ufcs 2116.0105, Ageqcy or ('''mm; .. ;''~ with re.J"'L1: to rllf,..:h Maria M. Mcncnda, CMC C'ity Clerk FROM PAGE lSE CORAL GABLES dents who support the outdoor seating. "This is one more in- trusion that really isn't needed, isn't wanted, isn't desired," Don Slesnick said. Others said the pavers and the proposed six ta- bles, 22 chairs and two umbrellas would not be a significant change and would add to the cafe and the club's character. "We live in Miami; out- door spaces are something that we should have," resi- dent Bob Liu said. Ultimately, the Liberty Entertainment Group will be allowed to keep some existing benches that are outside the club but noth- ing else for the time being. "I would love to see the outdoor dining_ However, I just don't think it's com- patible at this time with the congestion we get in that area," Vice Mayor Frank Quesada said_ The city commission previously denied a similar 2009 request from Liberty that called for eight tables and 32 chairs for the out- door area. OTHER BUSINESS • Solid waste dispute: The commission granted the city attorney permis- sion to seek a dispute reso- lution and settlement with Miami-Dade County over placement of a solid-waste special assessment on the tax rolls. The assessment was approved by the commis- sion in June in an effort to collect delinquent solid- waste fees that exceeded $850. City Attorney Craig Leen said the county tax collec- tor and property apprais- er's offices have been un- willing to place the assess- ment on this year's tax rolls. The resolution argues that based on Florida statu- te the two offices are min- isterial and cannot prevent the action. "The issue for us is that although they are calling these delinquent fees, this is an imposed special as- sessment this year for work that has done by the city over the past seven, eight, NonCE OF NON-DISCRIMINATORY' POLICY AS TO STUDENTS "Westwood Christian School, a ministry of First Baptist Church of Westwood Lake, Inc., admits students of any race, color, national and ethnic origin to all the rights, privileges, programs, and activities generally accorded or made available to students at the school. It does not discriminate on the basis of race, color, national and ethnic origin in administration of its educational policies, admissions policies, scholarship and loan programs, and athletic and other school-administered programs.n I SUNDAY SEPTEMBER 112015 MIAMIHERALD.COM nine years that has never been paid for," Leen said. Commissioner Patricia Keon said the county might be hesitant because placing the assessment on the rolls could make Miami-Dade officials seem like debt collectors, but she ulti- mately supported the city attorney moving forward. "I think they feel maybe they're being placed in the position where they are acting as a collection agen- cy for delinquent fees, which is not something that they have traditionally done," Keon said. • City guardhouses: In an effort to increase safety, the commission approved an item that would allow guardhouse operators to ask specific questions of drivers entering certain communities. The ordinance is in- tended primarily to get drivers to roll down their window and to state their reason for visiting the neighborhood and their destination. The commis- sion plans to fine-tune the language of the law after receiving input from Police Chief Ed Hudak. The new rules would be in effect from 11 p.m. to 6 a.m. • Citywide transporta- tion plan: Commissioners approved an item allowing staff to negotiate hiring Atkins North America to prepare the city's compre- hensive transportation plan. The plan is intended to identify multimodal forms of transportation, identify bike and pedestrian paths and recommend other transit improvements. THE NEXT MEETING • When: 9 a.m. Oct. 13. • Where: Coral Gables City Hall. 405 Biltmore Way, Coral Gables Lance Dixon: 305-376-3708, @LDixon_3