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Ord No 07-24-2492ORDINANCE NO. 07-24-2492 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ARTICLE IV "DANGEROUS INTERSECTION SAFETY" OF CHAPTER 17 "STREETS AND SIDEWALKS,, TO CREATE SECTION 17-80 OF THE CITY CODE OF ORDINANCES TO AUTHORIZE THE PLACEMENT, INSTALLATION, AND OPERATION OF SPEED DETECTION SYSTEMS ON ROADWAYS MAINTAINED AS SCHOOL ZONES, ESTABLISH TRAFFIC ENFORCEMENT PROCEDURES WHEN SPEED DETECTION SYSTEMS ARE UTILIZED FOR SCHOOL ZONE SPEED LIMIT VIOLATIONS, AND CREATE HEARING PROCEDURES RELATING TO SUCH SCHOOL ZONE SPEED LIMIT VIOLATIONS; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, on July I, 2023, House Bill 657, as codified under Chapter 2023-174 of the Laws of Florida (the "Act") went into effect, authorizing municipalities to use speed detection systems to enforce school zone speeding violations in excess of IO miles over the posted speed limit (among other things) during certain times and days (the usOS"); and WHEREAS, under the Act, prior to utilizing SOS to enforce eligible school zone speeding violations, municipalities are required to adopt an ordinance authorizing the placement and installation of SOS and creating traffic enforcement procedures relating to the enforcement of school zone speed limits through the use ofSDS; and WHEREAS, the Act also requires the governing body of the municipality to first determine whether a school zone constitutes a heightened safety risk that warrants additional traffic enforcement measures based on traffic data collected ("Traffic Report Services") prior to utilization of the SDS in any particular school zone; and WHEREAS, on December 5, 2023, the City of South Miami (the "City'') Commission adopted Resolution No. 165-23-16098, approving an agreement with RedSpeed Florida, LLC ("Redspeed") to provide the Traffic Report Services for the City's school zones, and, contingent upon full compliance with the requirements of the Bill by the City and Redspeed, install and operate the SOS on behalf of the City to enforce school zone speeding violations as authorized under the Bill; aitd WHEREAS, Redspced has completed its Traffic Report Services and provided the "1)·affic Studies jbr the City of South Miami" (the "Report'9 ) for consideration by the City Commission, which Report is attached hereto as Exhibit "A"; and Page 1 of8 Ord. No. 07-24-2492 WHEREAS, after consideration of the tratlic data provided in the Report and other relevant evidence presented at the public hearing held on March 19, 2024, the City Commission has determined that the following school zones constitute a heighted safety risk that warrant additional enforcement mea,ures pursuant to Section 316.008(9), Florida Statutes: {I) Ludlam Elementary School, SW 67tt1 Avenue and SW 74th Street, (2) Somerset Academy South Miami Charter School, SW 58th Place, (3) South Miami K-8 Center, SW 60th Street, (4) South Miami Middle School, SW 67th Avenue, and (5) Mandelstam School and Epiphany Catholic School, SW 57th Avenue (collectively, the "School Zones"); and WHEREAS, in order to mitigate the heightened safety risks at the School Zones, the City Commission desires to adopt this Ordinance to, among other things, make findings that the School Zones constitute heightened safety risks that warrant additional enforcement measures pursuant to Section 316.008(9), Florida Statutes, based on the Report and other relevant evidence presented at the March 19, 2024, public hearing; authorize the placement, installation, and operation of SOS at the School Zones; create procedures for the issuance of notice of violations for school zone speeding violations by duly qualified traffic infraction officers pursuant to Section 316.1896, Florida Statutes; and establish a hearing framework whereby a local hearing officer will detennine whether school zone speeding violations have occurred; and WHEREAS, this Ordinance was duly noticed and presented to the City Commission in two readings, with second reading conducted as the required public hearing on March 19, 2024; and WHEREAS, the City Commission finds that this Ordinance is in the best interest and welfare of the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:1 Section 1. Recitals. The above-stated recitals are true and correct and are incorporated herein by this reference. Section 2. Amending Cltapter 17 of tile City Code. The City Commission hereby creates Section 17-80, 'Speed Detection Systems in School Zones," of Article IV of Chapter 17, "'Streets and Sidewalks," of the City Code of Ordinances as follows: CHAPTER 17 -STREETS AND SIDEWALKS ARTICLE IV. D,4~1GeR:OUS ~1T8RSECTIO~I TRAFFIC SAFETY SYSTEMS AND ENFORCEMENT 1 Coding: SIFilEelht=eugh ·.•,ceffls are deletions to the existing words. Underlined wo1·ds are ndditions to the existing words. Modifications proposed by the Planning Board are shaded in grey. Changes between first and second reading are indicated with doulJle striltethrettgh and double underline. Modificntions made at _secJ1od_ reading are shaded in ~- Pagc2 of8 Ord. No. 07-24-2492 Section 17-80. Speed Detection Systems in School Zones. (a) Purpose and J11tent. The City desires to protect the public health, safety, and welfare of individuals traveling to and from school in the City, especially students and their parents and/or legal guardians and school employees. Accordingly, the City seeks to enforce School Zone speed limits by authorizing the placement and installation of speed detection systems on those School Zone roadways that constitute a heighted safety risk warranting additional enforcement measures pursuant to Section 316.008(9), Florida Statutes. (b) Defi11ilio11s. The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: ill Local Hearing Offlcer means the City's Special Master or such other qualified person designated by resolution of the City Commission to conduct hearings relating to notice of violations issued pursuant to Sections 316.1896 and 316.0083, Flot·ida Statutes. ill Perso11 means a natural person, the registered owner or co-owner of a motor vehicle, or the person identified in an affidavit as having actual care, custody, or control of the motor vehicle at the time of a Violation. ill Petitio11er means a person who elects to reguest a hearing before the Local Hearing Officer for the pumose of detem1ining whether a Violation under Section 316.1896, Florida Statutes, has occurred. ~ School Zone means a roadway located within the City and established and maintained as a School Zone pursuant to Section 316.1895, Florida Statutes, that constitutes a heightened safety risk that warrants additional enforcement measures, as determined by the City Commission after consideration of traffic data and other relevant evidence. ill Speed Detectio11 5),stem means a portable or fixed automated system used to detect a motor vehicle's speed using radar or LiDAR, and to capture a photograph or video of the rear of a motor vehicle that exceeds the speed limit in force at the time of the Violation. {fil n·afflc J11fi·aclio11 E11forceme11t Offlcer means the police department employee or employees designated by the City Manager who meets the qualifications set forth under Section 316.640(5}, and/or any other relevant statute, and is vested with the authority to enforce Violations. Pagel of8 Ord No. 07-24-2492 ill Violalio11 means a person that drives a motor vehicle on a roadway designated as a School Zone at a speed as follows: {A) In excess of 10 miles per hour over the School Zone speed limit which occurs within 30 minutes before through 30 minutes after the start of a regularly scheduled breakfast program in violation of Section 316.1895, Florida Statutes. (B) In excess of IO miles per hour over the School Zone speed limit which occurs within 30 minutes before through 30 minutes after the start of a regularly scheduled school session in violation of Section 316.1895. Florida Statutes. (C) In excess of 10 miles per hour over the posted speed limit during the entirety of a regularly scheduled school session in violation of Section 316.183, Florida Statutes. ID} In excess of 10 miles per hour over the School Zone speed limit which occurs within 30 minutes before through 30 minutes after the end of a regularly scheduled school session in violation of Section 316.1895. Flo1ida Statutes. (c) Fi11di11gs. After consideration of the traffic data provided in the "1h1fflc Studies for the City of Sout/r Mia1m.,,, prepared by RedSpeed Florida. LLC and other relevant evidence presented at the public hearing held on March 19, 2024. the City Commission hereby finds that the following School Zones where Speed Detection Systems are to be placed and installed constitute a heighted safety risk that wal1'ant additional enforcement measures pursuant to Section 316.008(9). Florida Statutes: ill Ludlam Elementary School 6639 SW 74th Street South Miami. Florida 33143 ill Somerset Academy South Miami Charter School 5876 SW 68th Street South Miami, Florida 33143 ill South Miami K-8 Center 6800 SW 60th Street South Miami, Florida 33143 .(41 South Miami Middle School 6750 SW 60th Street South Miami. Florida 33143 ill Mandelstam School and Epiphany Catholic School 8530 SW 57th Avenue and 5557 SW 84 th Street South Miami, Florida 33143 Pnge4 of8 Ord. No. 07-24-2492 (d} P/{lceme11t (Ind J11sttll/(ltio11 of Speed Deteclio11 S,ystems. Consistent with and pursuant to Chapter 316, Florida Statutes, the City Commission authorizes the placement, installation, and operation of automated Speed Detection Systems on School Zone roadways, as identified herein under subsection l 7-80(c), to enforce Violations. (e} Notice o[Violt1tio11, Desfg,Uttio11 ofLocal Hearing Offlce1; and Hearing Procedures. ill Within thit1y {30) days after a Violation, a notice of violation shall be sent by first class mail to the registered owner of the motor vehicle involved in the Violation. The notice of violation must include: £ 1 The name and address of the vehicle owner; a photograph, video, or other recorded image showing the license plate of the motor vehicle; The make, model, and year of the vehicle; The date. time, and location of the Violation; Notice that the infraction charged is pursuant to this section; The maximum speed at which the motor vehicle was traveling within the School Zone; The speed limit within the School Zone at the time of the Violation; A statement that the owner has a right to review, in person or remotely, the photograph or video captured by the Speed Detection System{s) and the evidence of the speed of the motor vehicle detected by the Speed Detection System{s) that constitutes a rebuttable presumption that the motor vehicle was used in a Violation; Inst111ctions as to the time and the place or website at which the photograph or video and evidence of speed detected captured by the Speed Detection System{s) may be examined and observed: Infonnation that advises the Violator on the person's right to request a hearing and on all costs related thereto and a form used to request a hearing, or alternatively, a web address to a website that provides such information; Instructions on all methods of payment of the penalty; A statement specifying the remedies available under Section 318.14, Florida Statutes; PageSof8 Ord. No. 07-24-2492 !lh A statement that the owner must pay a penalty in the amount provided under Section 318.18(3 )( d), Florida Statutes, or furnish an affidavit that compiles with Section 316.1896(8), Florida Statutes, within thirty (30) days in order to avoid court fees, costs, and the issuance of a unifonn traffic citation against the owner: and A signed statement by the Traffic Infraction Enforcement Officer that, based on inspection of recorded photographs or video captured by the Speed Detection System(s), the vehicle was involved in and was utilized to commit a Violation. (2) Except as may be othe1wise provided by resolution of the City Commission, the City shall utilize its Special Maste1·, as provided in Section 2-24 of the City Code, to serve as the Local Hearing Officer{s) who shall preside over notice of violation hearings set forth under Section 316.1896, Florida Statutes, as amended. (3) The City Manager or the City Manager's designee shall designate a Traffic Infraction Enforcement Officer(s) to implement the authorizations contained under Section 316.1896(6), Florida Statutes. and the City Commission shall designate a City staff member to serve as the clerk to the Local Hearing Officer by resolution. (4) Any Petitioner that elects to request a hearing shall be scheduled for a hearing by the clerk of the Local Hearing Officer, with notice of the hearing to be sent to the Petitioner 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 of the Local Hearing Officer, at least five 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 by Section 316.1896(2), Florida Statutes, as amended, plus the administrative costs established under Section 316.0083(5)(c), Florida Statutes, before the start of the hearing. {5) 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 must review the photograph or video captured by the Speed Detection System and the evidence of the speed of the motor vehicle detected by the Speed Detection System. Formal rules of evidence do not apply, but due process shall be observed and govern the proceedings. (6} At the conclusion of the hearing, the Local Hearing Officer must detennine whether a Violation has occurred, in which case the Local Hearing Officer shall uphold or dismiss the Violation. The Local Hearing Officer shall issue a final administrative order including the dete11nination and, if the notice of the violation is upheld, must require the Petitioner to pay the penalty assessed under Section 316.18(3)(d), Florida Statutes, as amended, and may also require the Petitione1· to pay the City's costs, not to exceed the amount established under Section 3 l 6.0083(5}(e}. Florida Statutes. The final administrative order shall be mailed to the Petitioner by first-class mail. Page6of8 Ord. No. 07-24-2492 (7) An aggrieved party may appeal a final administrative order consistent with the process provided under Chapter 162, Florida Statutes. (f) S11pp/e111e11tct! Authoritv. The provisions of this Section supplement the enforcement of Sections 316.1895 and 316.183, Florida Statutes, by law enforcement officers and does not prohibit law enforcement officers from issuing unifonn traffic citations for violations of Sections 316.1895 or 316.183. *** Section 3. Corrections. Conforming language or technical scrivener-type corrections may be made by the City Attorney for any confonning amendments to be incorporated into the final Ordinance for signature. Section 4. Severability. If any section, clause, sentence, or pluase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. Conflicts. That all ordinances or parts of ordinances, resolutions or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 6. Codification. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the City of South Miami; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 7. Implementation. The City Manager is hereby authorized to take any and all necessary action to implement the purposes of this Ordinance. Section 8. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. Following the adoption of this Ordinance, the City Manager shall publicly announce its intent to utilize Speed Detection Systems as provided herein and conduct a thirty (30) day public awareness campaign to inform the public of the provisions ofthis Ordinance. During the thirty (30) day public awareness campaign, the City shall only issue warnings to a Person for Violations. PASSED on first reading on the 5111 day of March, 2024. PASSED AND ADOPTED on second reading on the 1911, day of March, 2024. ATTEST: APPROVED: Page 7 of8 Ord. No. 07-24-2492 READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF w & BIERMAN, P.L. CITY ATTORNEY COMMISSION VOTE: Mayor Fernandez: Vice Mayor Bonich: Commissioner Calle: Commissioner Liebman: 3-2 Yea Nay Yea Nay Conunissioner Corey: Yea Pngc 8 of8 Agenda Item No:13. City Commission Agenda Item Report Meeting Date: March 5, 2024 Submitted by: Roger Pou Submitting Department: City Manager Item Type: Ordinance Agenda Section: Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ARTICLE IV “DANGEROUS INTERSECTION SAFETY” OF CHAPTER 17 “STREETS AND SIDEWALKS” TO CREATE SECTION 17-80 OF THE CITY CODE OF ORDINANCES TO AUTHORIZE THE PLACEMENT, INSTALLATION, AND OPERATION OF SPEED DETECTION SYSTEMS ON ROADWAYS MAINTAINED AS SCHOOL ZONES, ESTABLISH TRAFFIC ENFORCEMENT PROCEDURES WHEN SPEED DETECTION SYSTEMS ARE UTILIZED FOR SCHOOL ZONE SPEED LIMIT VIOLATIONS, AND CREATE HEARING PROCEDURES RELATING TO SUCH SCHOOL ZONE SPEED LIMIT VIOLATIONS; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION; CODIFICATION; AND AN EFFECTIVE DATE. 3/5 (MAYOR FERNÁNDEZ) Suggested Action: Attachments: Memorandum Ordinance Creating Section 17-80 Relating to Speed Detection Systems.DOCX First Reading - Ordinance School Speed Detection System.DOCX 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY ATTORNEY INTER-OFFICE MEMORANDUM TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission FROM:Lillian Arango and Tony Recio, City Attorneys CC:Genaro “Chip” Iglesias DATE:March 5, 2024 City Commission Meeting SUBJECT:ANORDINANCEOFTHEMAYORANDCITYCOMMISSIONOFTHECITYOFSOUTH MIAMI, FLORIDA, AMENDING ARTICLE IV “DANGEROUS INTERSECTION SAFETY”OFCHAPTER17“STREETSANDSIDEWALKS”TOCREATESECTION17-80 OF THE CITY CODE OF ORDINANCES TO AUTHORIZE THE PLACEMENT, INSTALLATION, AND OPERATION OF SPEED DETECTION SYSTEMS ON ROADWAYS MAINTAINED AS SCHOOL ZONES,ESTABLISH TRAFFIC ENFORCEMENTPROCEDURESWHENSPEEDDETECTIONSYSTEMSAREUTILIZED FOR SCHOOL ZONE SPEED LIMIT VIOLATIONS, AND CREATE HEARING PROCEDURES RELATING TO SUCH SCHOOL ZONE SPEED LIMIT VIOLATIONS; PROVIDING FOR CORRECTIONS;SEVERABILITY;CONFLICTS; IMPLEMENTATION; CODIFICATION; AND AN EFFECTIVE DATE (MAYOR JAVIER FERNÁNDEZ) The accompanying Ordinance was prepared and placed on the agenda at the request of Mayor Javier Fernández. On July 1, 2023, House Act 657, as codified under Chapter 2023-174 of the Laws of Florida (the “Act”), went into effect, authorizing municipalities to use speed detection systems (“SDS”) to enforce certain school zone speeding violations, subject to compliance with various requirements. The proposed ordinance (the “Ordinance”) accompanying this memorandum was prepared to ensure that theCity of South Miami(the “City”) can legallyenforce school zone speed limit violations through the use of SDSs in accordance with the requirements of the Act. Pursuant to the requirements of the Act, the City must adopt the Ordinance to authorize the placement, installation, and operation of SDSs, establish a traffic enforcement procedure when SDSs are utilized to enforce school zone speed limit violations, and create hearing procedures relating to such school zone speed limit violations. Furthermore, the Actrequires the City to make a determination as to which school zones constitute a heightened safety risk that warrant additional traffic enforcement measures based on traffic data collected (“Traffic Report Services”) and other relevant evidence presented at a public hearing prior to approving the Ordinance. 2 CITY OF SOUTH MIAMI OFFICE OF THE CITY ATTORNEY INTER-OFFICE MEMORANDUM On December 5, 2023, the City Commission adopted Resolution No. 165-23-16098, approving an agreement with RedSpeed Florida, LLC (“Redspeed”) for the provision of Traffic Report Services and the installation, placement, and operation of SDSs in eligible school zones within the City, contingent on full compliance with the Act’s requirements by the City. The results of Redspeed’s Traffic Report Services are provided in the “Traffic Studies for the City of South Miami” attached hereto as Exhibit “A” (the “Report”). Prior to adoption of the Ordinance at secondreading, the CityCommissionshould consider the results of the Report and other relevant evidence in making a determination as to which school zones in the City constitute a heightened safety risk that warrant additional traffic enforcement measures. Second Reading:If the Ordinance is adopted by Commission on first reading it will be advertised for second reading and placed on the agenda for the March 19, 2024, Commission Meeting. 3