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HomeMy WebLinkAboutItem 09 First Reading of Ordinance to Implement Speed Enforcement Cameras in School Zones City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: May 21, 2024 Item #: 9 Contact Name: Vincent Ogburn Department Director: Vincent Ogburn Contact Number: Ext. 3038 City Manager: Robert Frank Subject: First Reading of Ordinance to Implement Speed Enforcement Cameras in School Zones. (Police Chief Ogburn) Background Summary: In an effort to improve safety and compliance with the traffic laws in areas where children are present during school hours, HB 657 was enacted on July 1, 2023, by Governor Ron DeSantis. On Nov 7, 2023, the City Commission approved the renewal of its red-light camera vendor contract with Advanced Traffic Solutions, Inc. (ATS), doing business as Verra Mobility. The contract included the ability to provide school zone speed detection and enforcement via the installation of school zone enforcement cameras on roadways surrounding the schools. If the City Commission wishes to implement the program, or retain the ability to effectively do so in the future, an ordinance would need to be approved by the City Commission. The options to consider are to ratify the ordinance and allow it to remain an option to consider installing the system in the future or ratify the ordinance and move forward with the implementation of the program for one or more school zones. Issue: Should the Honorable Mayor and City Commissioners adopt an Ordinance to implement Speed Enforcement Cameras in school zones within the City? Recommendations: Staff recommends the Mayor and City Commissioners adopt an ordinance to implement speed zone enforcement cameras in the school zones within the City. Attachments: 1. Ordinance Financial Impacts: There is no financial impact. Type of Item: Regular ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING CHAPTER 168 OF THE CODE OF ORDINANCES; DECLARING PURPOSE AND INTENT; AUTHORIZING PLACEMENT AND INSTALLATION OF SCHOOL ZONE SPEED DETECTION SYSTEMS; PROVIDING FOR IMPLEMENTATION OF GENERAL LAW BY THE CITY MANAGER AND DESIGNATION OF LOCAL HEARING OFFICER; PROVIDING FOR SEVERABILITY OF THE NEWLY CREATED SECTION; MAKING FINDINGS REGARDING RELEVANT TRAFFIC DATA AND EVIDENCE; WARRANTING ADDITIONAL ENFORCEMENT PROCEDURES AND DESIGNATING SCHOOL ZONE SPEED DETECTION SYSTEM LOCATIONS WHICH CONSTITUTE A HEIGHTENED SAFETY RISK; PROVIDING FOR SEVERABILITY; RATIFYING APPROVAL OF CONTRACT FOR IMPLEMENTING SCHOOL ZONE SPEED DETECTION SYSTEMS; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 2023-174, Laws of Florida, enacted and signed by the Governor on May 21, 2023, effective July 1, 2023, amended Chapter 316, Florida Statutes, in regards to enforcement of school zone speed limits and authorized municipalities to enforce the speed limit in a school zone at specified periods through the use of a speed detection system; and WHEREAS, to promote public safety, especially in regards to the safety of this jurisdiction’s children, the City Commission of the City of Ocoee has decided to authorize the use of such a school zone speed limit detection system within the City; and WHEREAS, the City Commission has considered the relevant traffic data and other evidence supporting the installation of school zone speed limit detection systems within the City; and WHEREAS, the City Commission has determined, based upon the evidence considered, the location of the specific school zones in this jurisdiction which constitute a heightened safety risk that warrant additional enforcement procedures; and 2 WHEREAS, the City Commission has determined that it is efficient to utilize the City’s existing local hearing officer appointed under § 168-13 of the Code of Ordinances to conduct hearings pursuant to this ordinance and Chapter 2023-174, Laws of Florida, as it may be amended; and WHEREAS, the City Commission has determined that the public should have an opportunity to comment on the contract for school zone speed detection systems before the City Commission ratifies the approval of such contract in this Ordinance; WHEREAS, the City Commission determines that the adoption of this Ordinance is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 166 and 553, Florida Statutes. SECTION 2. Amendment. Chapter 168, City of Ocoee Code of Ordinances, is amended to rename Article III and create a new § 15 to read as follows (words that are underlined indicate new language; words that are stricken are deletions; and all other provisions of the Chapter shall remain unchanged): ARTICLE III – Traffic Light and School Zone Safety § 168-15 - SCHOOL ZONE SPEED LIMIT DETECTION SYSTEM, HEARINGS BEFORE A LOCAL HEARING OFFICER. (A) Purpose and intent. The purpose of this section is to specifically authorize the use of a school zone speed limit detection system, as permitted by general law as of the effective date of this section, within the City’s jurisdiction limits. 3 (B) Authorizing Use of School Zone Speed Limit Detection Systems. The City of Ocoee hereby exercises its option under Chapter 2023-174, Laws of Florida (F.S. (2023) § 316.008) to use a speed limit detection system within its jurisdiction and to authorize a traffic infraction enforcement officer under F.S. (2023) § 316.1906 to issue a traffic citation of violation of F.S. (2023) §§ 316.1895 and 316.183 pursuant to § 316.1896. The City may utilize a speed limit detection system as a supplemental means of monitoring the speed of vehicles and assisting law enforcement personnel in the enforcement of compliance with laws related to speed limits within school zones as permitted and provided for by general law, which are designed to protect and improve the public health, safety, and welfare of the community and thereby reduce accidents, injuries, and disruption of traffic associated with such violations. (C) Implementation of general law by the City Manager and designation of Local Hearing Officer. In accordance with the provisions of Chapter 2023-174, Laws of Florida as of the effective date of this section, the City Manager is authorized to take all steps necessary to implement the provisions and requirements of Chapter 2023-174, Laws of Florida, as it may be amended, within this jurisdiction in coordination with the Ocoee Police Department, including the designation of traffic infraction enforcement officers. The Ocoee Police Department shall be enabled by this section to oversee the School Zone Speed Limit Detection System program on behalf of the city. This ordinance shall further enable the City of Ocoee to enter into agreements or ratify agreements with vendors authorized to carry out services consistent with implementation and enforcement of the provisions of Chapter 2023-174, Laws of Florida, as it may be amended. The Local Hearing Officer appointed under Section 168-13 of the Code of Ordinances shall preside over hearings requested pursuant to this section and Chapter 2023-174, Laws of Florida, as it may be amended. (D) Designation of School Zones. The City Commission finds that, based on the traffic data and other evidence of speeding motorists in the presence of children presented at the public hearing on this date of adoption, the school zones on the roadways surrounding the following schools constitute a heightened safety risk to children and others that warrants additional enforcement measures by installing or placing speed detection systems pursuant to section 4 316.008, Florida Statutes. Subsequent speed detection systems may be approved for inclusion or removal via amendment to this Ordinance or Resolution in accordance with applicable law. •Citrus Elementary School 87 N. Clarke Road Ocoee, FL 34761 •Spring Lake Elementary 1105 Sarah Lee Lane Ocoee, FL 34761 •Ocoee Middle School 300 S. Bluford Avenue Ocoee, FL 34761 •Orlando Elementary 400 S. Lakewood Avenue Ocoee, FL 34761 •Ocoee High School 1925 Ocoee Crown Point Ocoee, FL 34761 SECTION 3. Ratification of Amendment to Agreement for School Zone Speed Detection Systems. The Commission hereby ratifies its approval of the Seventh Amendment to City of Ocoee Photo Enforcement Services Agreement: Red Light Safety Cameras, Fixed Speed Safety Cameras and Transportable Speed Safety Camera Systems with Enhanced Video and ALPR Solution Services, which would implement school zone speed enforcement devices, approved initially on the November 7, 2023 consent agenda. SECTION 4. Severability. The provisions of this section are declared to be severable and if any section, sentence, clause, or phrase of this article shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this article, but they shall remain in effect, it being the legislative intent that this section shall stand notwithstanding the invalidity of any part. SECTION 5. Codification. It is the intention of the City Commission of the City that the provisions stated in this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. 5 SECTION 6. Conflicting Ordinances. This ordinance shall prevail in the event of any inconsistency with another ordinance or part of an ordinance. SECTION 7. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this ____ day of ___________, 2024. ATTEST: Melanie Sibbitt, City Clerk (SEAL) APPROVED: CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this ___ day of __________, 2024. FISHBACK DOMINICK By: Richard S. Geller, City Attorney ADVERTISED ______________, 2024 READ FIRST TIME ___________, 2024; READ SECOND TIME AND ADOPTED____________________, 2024 UNDER AGENDA ITEM NO.__________