10-21-08 Item 13i3
1 ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MAIMI, FLORIDA; AMENDING THE CITY CODE OF
5 ORDINANCES BY CREATING THE "DANGEROUS INTERSECTION
6 SAFETY" REGULATIONS, PROVIDING FOR RECORDED IMAGE
7 MONITORING AND ENFORCEMENT OF RED LIGHT INFRACTIONS,
8 AND FOR RELATED PROCEDURES AND PROVISIONS; AMENDING
9 CHAPTER 15 OF THE CODE OF ORDINANCES ENTILTED
10 "OFFENSES AND MISCELLANEOUS PROVISIONS, TO FACILITATE
11 USE OF CODE ENFORCEMENT MECHANISM FOR DANGEROUS
12 INTERSECTION SAFETY; AND AMENDING CHAPTER 2 SECTION 2-
13 25(L) ENTITLED "SCHEDULE OF FINES "; PROVIDING FOR
14 SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
15 PROVIDING FOR AN EFFECTIVE DATE.
16
17 WHEREAS, the running of red lights causes a safety hazard affecting every citizen and
18 traveler in the City of South Miami (the "City "); and
19 _ _ _
20 WHEREAS the -City wishes to reduce the running of red lights by creating an additional.
21 enforcement mechanism; and
22
23 WHEREAS, the City Commission recognizes the value of implementing an automated
24 traffic enforcement program in furtherance of its goals of creating a safe environment; and
25
26 WHEREAS, the strategic placement of automated cameras at traffic intersections to
27 record red light running violations has been shown to reduce the frequency of violations,
28 corresponding injuries, and associated economic costs; and
29
30 WHEREAS, the City of South Miami has numerous arterial intersections that would
31 benefit from the strategic placement of automated traffic safety cameras.
32
33 NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
34 OF THE CITY OF SOUTH MAIMI, FLORIDA, AS FOLLOWS:
35
36 Section 1. Recitals Adopted. That the recitals set forth above are hereby adopted and
37 confirmed.
38
39 Section 2. Dangerous Intersection Safety. That Chapter 15 of the City of South Miami
40 Code of Ordinances is hereby amended by creating Article IV "Dangerous Intersection Safety ",
41 to read as follows:
42
43
44
45
46
1 Dangerous Intersection Safety
2
3 Sec. 1. Intent.
4 The purpose of this article is to authorize the use of an automated cameras /monitoring
5 system to promote compliance with red light signal directives as proscribed by this article, and to
6 adopt a civil enforcement system for red light signal violations. This article will also supplement
7 law enforcement personnel in the enforcement of red light signal violations and shall not prohibit
8 law enforcement officers from issuing a citation for a red light signal violation in accordance
9 with other routine statutory traffic enforcement techniques.
10 Sec. 2. Use of Image Capture Technologies.
11 The City shall utilize image capture technologies as a supplemental means of monitoring
12 compliance with laws related to traffic control signals, while assisting law enforcement
13 personnel in the enforcement of such laws, which are designed to protect and improve public
14 health, safety and welfare. This section shall not supersede, infringe, curtail or impinge upon
15 state or county laws related to red light signal violations or conflict with such laws. Nothing
16 herein shall conflict with the primary jurisdiction of Miami -Dade County to install and maintain
17 traffic signal devices. This article shall serve to enable the City to provide enhanced enforcement
18 and respect for authorized traffic -signal devices. The City may utilize image capture technnologies
19 as an ancillary deterrent to traffic control signal violations and to thereby reduce accidents and
20 injuries associated with such violations. Notices of infractions issued pursuant to this article shall
21 be addressed using the City's Special Master pursuant to Section 2 -25(F) of the City Code of
22 Ordinances and not through uniform traffic citations or county courts. This shall not bar the use
23 of uniform traffic citations and the county courts when City police personnel decide not to rely
24 on this article as the enforcement mechanism for a specific violation.
25 Sec. 3. Definitions.
26 The following definitions shall apply to this article:
27 INTERSECTION. The area embraced within the prolongation or connection of the
28 lateral curb line; or, if none, then the lateral boundary lines, of the roadways of two roads which
29 join or intersect one another at, or approximately at, right angles; or the area within which
30 vehicles traveling upon different roads joining at any other angle may come in conflict.
31 MOTOR VEHICLE. Any self - propelled vehicle not operated upon rails or guide way,
32 but not including any bicycle or electric personal assisted mobility device.
33 OWNERIVEHICLE OWNER. The person or entity identified by the Florida
34 Department of Motor Vehicles, or other state vehicle registration office, as the registered owner
35 of a vehicle. Such term shall also mean a lessee of a motor vehicle pursuant to a lease of six
36 months or more.
0)
1 RECORDED IMAGES. Images recorded by a traffic control signal monitoring
2 system/d.evice:
3 .(1) On:
4 (a) Two or more photographs;
5 (b) Two or more electronic images;
6 (c) Two or more digital images;
7 (d) Digital or video movies; or
8 (e) Any other medium that can display a violation; and
9 (2) Showing the rear of a motor vehicle and on at least one image, clearly identifying
10 the license plate number of the vehicle.
11 RED ZONE INFRACTION. A traffic offense whereby a traffic control signal
12 monitoring system established that a vehicle entered an intersection controlled by a duly erected
13 traffic control device at a time when the traffic control. signal. for_ such vehicle's - direction of travel -
14 was emitting a steady red signal.
15 SPECIAL MASTER. The City's Code Enforcement Special Master, as described in
16 Section 2 -24 of the City Code of Ordinances.
17 TRAFFIC CONTROL INFRACTION REVIEW OFFICER. The City police
18 department employee designated, pursuant to Sec. 7 herein, to review recorded images and issue
19 red zone infractions based upon those images.
20 TRAFFIC CONTROL SIGNAL. A device exhibiting different colored lights or colored
21 lighted arrows, successively one at a time or in combination, using only the colors green, yellow,
22 and red which indicate and apply to drivers of motor vehicles as provided in F.S. § 316.075.
23 TRAFFIC CONTROL SIGNAL MONITORING SYSTEM/DEVICE. An electronic
24 system consisting of one or more vehicle sensors, working in conjunction with a traffic control
25 signal, still camera and video recording device, to capture and produce recorded images of motor
26 vehicles entering an intersection against a steady red light signal indication.
27 Sec. 4. Adherence to Red Light Traffic Control Signals.
28 Motor vehicle traffic facing a traffic control signal's steady red light indication shall stop
29 before entering the crosswalk on the near side of an intersection or, if none, then before entering
30 the intersection and shall remain standing until a green indication is shown on the traffic control
31 signal; however, the driver of a vehicle which is stopped at a clearly marked stop line, but if
32 none, before entering the crosswalk on the near side of the intersection or, if none, then at the
33 point nearest the intersecting roadway where the driver has a view of approaching traffic on the
34 intersecting roadway before entering the intersection in obedience of a steady red traffic control
35 signal, may make a right turn (unless such turn is otherwise prohibited by posted sign or other
3
1 traffic control device) but shall yield right -of -way to pedestrians and other traffic proceeding as
2 directed by the traffic control signal at the intersection.
3 Sec. 5. Violation.
4 A violation of this article, known as a red zone infraction, shall occur when a motor
5 vehicle does not comply with the requirements of Seca 4. Violations shall be enforced pursuant to
6 Sec. 7.
7 Sec. 6. Ninety Day notice; introductory period.
8 The Police Chief shall notify the City Manager when the red light camera system is
9 operating correctly at the initial location established. For the ninety days following said
10 notification, unless the driver of a vehicle received a citation from a police officer at the time of a
11 red zone infraction in accordance with routine traffic enforcement techniques, the vehicle owner
12 shall receive a warning in the form of a courtesy notice of the violation. Commencing ninety one
13 days after the above referenced notification, the vehicle owner is subject to the enforcement
14 provisions as provided herein and no warning shall be given pursuant to this article.
15 Sec. 7. Review of Recorded Images.
16 (A) The owner of the vehicle which is observed by recorded images committing a red
17 zone infraction shall be issued a notice of violation (hereinafter also known as a "notice "). 'The
18 recorded image shall be sufficient grounds to issue a notice.
19 (B) The City's Chief of Police shall designate a Traffic Control Infraction Review
20 Officer, who shall be a police officer of the City or who shall meet the qualifications set forth in
21 F.S. § 316.640(5)(A), or any other relevant statute. The Traffic Control Infraction Review
22 Officer shall review recorded images prior to the issuance of a notice to ensure the accuracy and
23 integrity of the recorded images. Once the Traffic Control Infraction Review Officer has verified
24 the accuracy of the recorded images, he or she shall complete a report, and a notice shall be sent
25 to the vehicle owner at the address on record with the Florida Department of Highway Safety and
26 Motor Vehicles or the address on record with the appropriate agency having such information in
27 another state.
28 Sec. 8. Notice of Violation.
29 The notice shall be in the form as provided for in Section 2 -25(2) of the City Code of
30 Ordinances but shall also include:
31
(A)
The name and address of the vehicle owner;
32
(B)
The license plate number and registration number of the vehicle;
33
(C)
The make, model, and year of the vehicle;
34
(D)
Notice that the infraction charged is pursuant to this article;
35
(E)
The location of the intersection where the infraction occurred;
El
1 (F) Notice that there are recorded images relating to the vehicle and a statement that
2 the recorded images are evidence of a red zone infraction;
3 (G) Images depicting the infraction;
4 (H) A signed statement by a Code Enforcement Officer that based on inspection of
5 recorded images, the vehicle --was- involved in and was utilized to commit a red zone infraction. — -
6 Sec. 9. Vehicle Owner Responsibilities
7 (A) A vehicle owner receiving a notice may:
8 (1) Pay the assessed civil penalty pursuant to instructions on the notice; or
9 (2) Appear before the Special Magistrate to contest the notice.
10 (B) The failure to pay the assessed civil penalty and failure to appear before the
11 Special Master to contest the notice will be considered an admission of liability and in such case
1.2 an order may be entered against the violator for an amount up to the maximum civil penalty, plus
13 any administrative costs.
14 Sec. 10. Hearing before the Special Master.
15 (A) The City's Code Enforcement Special Master is authorized to hold hearings related to
16 the enforcement of this article. A hearing shall be scheduled for all notices for which the vehicle
17 owner timely requests an administrative hearing.
18 (B) Upon receipt of the named violator's timely request for an administrative hearing, the
19 City shall schedule a hearing before the Special Master pursuant to Section 2 -25 of the City of
20 South Miami Code of Ordinances. Notice of hearing shall be provided to the vehicle owner
21 pursuant to the notice provisions contained in Section 2 -25 of the City of South Miami Code of
22 Ordinance.
23 (C) The hearing shall be held pursuant to the procedures set forth in Section 2 -25 of the
24 City of South Miami Code of Ordinances. The Code Enforcement Officer may testify at the
25 hearing. The vehicle owner may present testimony and evidence.
26 (D) Recorded images indicating a red zone infraction, verified by the Code Enforcement
27 Officer, are admissible in any proceeding before the City's Special Magistrate to enforce the
28 provisions of this article, and shall constitute prima facie evidence of the violation.
29 (E) Unless an affidavit is provided pursuant to Section 11 herein, it is presumed that the
30 person registered as the vehicle owner with the Florida Department of Motor Vehicles or any
31 other state vehicle registration office, or an individual having the owner's consent, was operating
32 the vehicle at the time of a red zone infraction.
33 Sec. 11. Vehicle Owner Affidavit of Non - Responsibility.
34 (A) In order for the vehicle owner to establish that the motor vehicle was, at the time
35 of the red zone infraction, either: (1) in the care, custody, or control of another person without
5
I the consent of the registered owner or (2) was subject to a short term (less than six months) car
2 rental agreement entered into between a car rental agency ,which is licensed as required by
3 applicable law and is authorized to conduct business in the State of Florida and the operator of
4 the vehicle , the vehicle owner is required, within 20 days from the date listed on the notice, to
5 furnish to the City, an affidavit setting forth the circumstances demonstrating, either: (1) that
6 the motor vehicle was not in the vehicle owner's care, custody, or control, and was not in the
7 care, custody or control of another person with the vehicle owner's consent or (2) that the motor
8 vehicle was subject to a short term( less than six months) rental'agreement between the car rental
9 agency receiving the notice and the vehicle operator and provide a true and correct copy of the
10 short tenn car rental agreement, as applicable. The affidavit must be executed in the presence of
11 a notary, and include:
12 (1) If known to the vehicle owner, the name, address, and the driver's license number of
13 the person who had care, custody, or control of the motor vehicle, without the
14 vehicle owner's consent, at the time of the alleged red zone infraction; or
15 (2) The name, address and drivers license number of the person who rented the motor
16 vehicle from the car rental agency which has received the notice, at the time of the
17 alleged red zone infraction; or
18 (3) ' If the vehicle was stolen, the police report indicating the vehicle was stolen at the
19 time of the alleged red zone infraction; and
20 (4) The following language immediately above the signature line: "Under penalties of
21 perjury, I declare that I have read the foregoing affidavit and that the facts stated in
22 it are true."
23 (5) Upon timely receipt of a sufficient affidavit pursuant to this section, any prosecution
24 of the notice issued to the vehicle owner shall be terminated. Proceedings may be
25 commenced by the City against the responsible person identified in the affidavit, and
26 in such event, the responsible person shall be subject to the same process and
27 procedures which are applicable to vehicle owners.
28 Sec. 12. Administrative Charges.
29 In addition to the penalty pursuant to Sec. 15 herein, administrative charges may be
30 assessed pursuant to Section 2 -25 of the South Miami Code of Ordinances in the event of a
31 hearing and/or the necessity to institute collection procedures arises.
32 Sec. 13. Collection of fines.
33 Collection of fines shall be accomplished pursuant to Section 2 -25 of the South Miami
34 Code of Ordinances.
35 Sec. 14. Exceptions.
36 This article shall not apply to red zone infractions involving vehicle collisions or to any
37 authorized emergency vehicle responding to a bona fide emergency; nor shall a notice be issued
R
1 in any case where the operator of the vehicle was issued a citation for violating the state statute
2 regarding the failure to stop at a red light indication for the same event or incident.
3 Sec. 15. Penalty.
4 A violation of this article shall be deemed a non - criminal, non - moving violation for
- - -5 which a civil penalty, as prescribed in this Ordinance, shall be assessed. As the violation relates
6 to this article and not to the Florida Statutes, no points as otherwise provided in F.S. § 322.27,
7 shall be recorded on the driving record of the vehicle owner or responsible party.
8 Sec. 16. Enforcement.
9 This article may be enforced by any other means available to the City.
10 Sec. 17. Signage.
11 The City shall, to the extent practicable, at the primary motor vehicle entry points to the
12 City, cause to be erected and maintained signs, which substantially meet the design
13 specifications indicated in Exhibit "A ", providing notice of this article. Failure to erect, maintain
14 or create these signs shall not invalidate or impair any enforcement of this article.
15
16
17
18
19
20
21
22
23
24
25
26
Section 3. Schedule of violations and civil penalties amended. That the City Code
of the CITY OF SOUTH MAIMI is hereby amended by amending 2 -25 (1) "Schedule of fines to
include: 1
Schedule of civil penalties.
TABLE INSET:
Code
Section
Description of Violation
Civil Penalty
Violation of the Dangerous Intersection Safety
$125.00 first offense
$250.00 second offense
Regulations
$500.00 each additional
offense
Section 4. Severability. The provisions of this Ordinance are declared to be severable, and
if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid
or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
1 / Proposed additions to text of City Code are indicated by underline; proposed deletions from text of CITY
Code are indicated by fike�� ° g .
7
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
clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent
that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 5. Inclusion in the Code. It is the intention of the Mayor and the City
Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be
made a part of the Code of Ordinances of the CITY OF SOUTH MIAMI; that the sections of this
Ordinance may be re- numbered or re- lettered to accomplish such intentions; and that the word
"Ordinance" shall be changed to "Section" or other appropriate word.
Section 6. Effective Date.
upon adoption on second reading.
PASSED and ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
Luis R. Figueredo,
Nagin Gallop Figueredo, P.A.
Office of City Attorney
That this Ordinance shall be effective immediately
day of , 2008.
APPROVED:
MAYOR
First Reading -
Second Reading-
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
Exhibit "A"
Signage shall use the following language written so that it may be readily observed from the
adjacent roadways:
NOTICE OF TRAFFIC MONITORING
ALL PERSONS ARE HEREBY ADVISED THAT CERTAIN INTERSECTIONS
WITHIN THE CITY ARE SUBJECT TO RED LIGHT TRAFFIC SIGNAL
ENFORCEMENT BY PHOTOGRAPHIC MEANS AND THAT NOTICES OF
VIOLATION MAY BE ISSUED TO VEHICLE OWNERS AND /OR OPERATORS FOR
THE VIOLATION OF TRAFFIC SIGNALS, PURSUANT TO THE CITY'S CODE
ENFORCEMENT SYSTEM.
SOUTH MIAMI POLICE DEPARTMENT
L1