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HomeMy WebLinkAbout2024-21 Speed Enforcement Cameras in School Zones' i i 1 • ! i i ! ' 1 i 1 • ' 1 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 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. 19111VA"A M I I M U010101 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 1" � ii 111111iiil i i � J 10 ��: 11111111 11111111,1151111 111 1 will • 10k, (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 Cites jurisdiction limits. (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) § aj6�.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, iniuries, 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 o behalf of the city. This ordinance shall further enable the City of Ocoee to enter intoagreements 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) DesiLynation of School Zones. The Cif 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 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 qpplicable 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. 4 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 _�Pday of 6& 2024. F., W-W&U-6 A dz3r Melanie Sibbitt, City Clerk (SEAL) 141 " "1511 Rusty Jo4 k' Mayor FOR USE AND RELIANCE ONLY BY THE ADVERTISED MIN 2024 1 CITY OF OCOEE, FLORIDA; APPROVED READ FIRST TIME 2024; AS TO FORM AND LEGALITY READ SECOND TIME AND this W�day of_—_kj,e 2024. ADOPTED )tjnt 4 9 2024 UNDER AGENDA ITEM NO. 13 FISHBACK DOMINICK By: Richard S. Geller, City Attorney