HomeMy WebLinkAboutItem #13 Red Light Enforcement Camera Ordinance
AGENDA ITEM COVER SHEET
Meeting Date: November 18, 2008
Item # 13
Contact Name:
Contact Number:
Lt. Brad Dreasher
407.905.3160 x 3022
Reviewed By:
Department Director: Charlie Br
City Manager: Rob Frank
. Subject: Ap~roval of Ordin~nce ehtitled TRAFFIC LIGHT SAFETY
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Background Summary:
The City of Ocoee desires to ensure the safety of the citizens that travel the roadways within the city limits. The
disregard of traffic control signals within intersections poses a threat to all citizens which travel our roadways. Of
the 86 traffic crashes for the month of October, 28 were at intersections. This ordinance is proposed to assist
with traffic light safety to provide a uniform means to implement a Traffic Control Signal Monitoring
System/Device. This system is in use throughout the State of Florida as well as neighboring communities such
as City of Apopka, City of Orlando and Unincorporated Orange County.
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The purpose of this Ordinance is to authorize the use of an unmanned cameras/monitoring system to promote
compliance with red light signal directives as prescribed by this Ordinance, and to adopt a civil enforcement
system for red light signal violations. This Ordinance shall be supplemental and in addition to any other
applicable law and shall not supersede, infringe, curtail or infringe upon state laws related to red light signal
violations or conflict with such laws.
Issue:
Should the Honorable Mayor and Board of City Commissioners adopt the proposed Traffic Light Safety
Ordinance?
Recommendations
It is the recommendation of staff that the Honorable Mayor and Board of City Commissioners adopt the proposed
City ordinance implementing the Traffic Light Safety Ordinance.
Attachments:
An Ordinance drafted by Foley and Lardner.
Financial Impact:
There will be a financial impact realized when a vendor is chosen and operating costs and fines are determined.
Type of Item: (please mark with an "x')
Public Hearing
X Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
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For Clerk's DeDt Use: '
_____ C9nsentAg~nd~2
Public Hearing ,,', ..'
_____ Regular Agenda
_ Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by 0
Nick palmefM-/2008
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ORDINANCE NO. 2008-
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ADOPTING A NEW
ARTICLE III TO CHAPTER 168 OF THE CODE OF ORDINANCES OF THE CITY OF
OCOEE RELATING TO THE ENFORCEMENT OF RED LIGHT TRAFFIC SIGNAL
INFRACTIONS; PROVIDING INTENT AND DEFINITIONS; REQUIRING
COMPLIANCE WITH RED LIGHT SIGNALS; PROVIDING FOR AND
AUTHORIZING THE CITY TO IMPLEMENT THE USE OF UNMANNED
CAMERAS/MONITORING DEVICES TO PROMOTE COMPLIANCE WITH RED
LIGHT SIGNALS; PROVIDING FOR THE REVIEW OF RECORDED IMAGES BY
CITY OFFICIALS; PROVIDING FOR THE ISSUANCE OF NOTICES OF
INFRACTIONS; PROVIDING FOR THE IMPOSITION AND COLLECTION OF CIVIL
PENALTIES AND ADMINISTRATIVE FEES; PROVIDING FOR AN APPEALS
PROCESS; PROVIDING FOR EXCEPTIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Ocoee (the "City") is located in a high density traffic area and
regularly experiences traffic incidents related to the failure of motorists to obey duly erected
traffic control devices, exposing its citizens to the dangers of personal injury and property
damage; and
WHEREAS, the City Commission of the City is concerned with the inability to sufficiently
enforce the state statute prohibiting running of red lights, due mainly to the requirements that
enforcement of the state statute requires the personal observation of police officers, affecting the
ability to effectively reduce the significant dangers presented to motorists and pedestrians by the
failure to stop for a red light; and
WHEREAS, the use of unmanned cameras to enforce toll violations on the state's toll roads has
been determined to be fair, reasonable and sufficient in order to effectively enforce laws
regulating the payment of tolls without the need to commit the extreme amount of personnel that
would be necessary without the use of unmanned cameras; and
WHEREAS, similarly, the use of unmanned cameras will be effective in enforcing laws
requiring vehicles to stop for red lights; therefore freeing City police personnel to respond to
other, and sometimes more, significant incidents as well as serious crime; and
WHEREAS, local governments in different parts of the state and country have demonstrated the
enhancement of vehicular and pedestrian traffic safety attributable to the integration of
automated image capture technologies with traditional traffic law enforcement methodology; and
WHEREAS, Section 316.008, Florida Statues, grants municipalities, with respect to streets and
highways under their jurisdiction and within the reasonable exercise of police power, the
authority to regulate and monitor traffic by means of police officers and security devices; and
ORLA_1130919,2
WHEREAS, the City has home rule authority pursuant to Article VII, Section 2 of the Florida
Constitution and Chapter 166, Florida Statues, to enact an ordinance making the failure to stop
for a red light indication a violation of the City Code, and to provide for enforcement of such
violations of the City Code through the use of the Ocoee Police Infraction Hearing Board; and
WHEREAS, Florida Attorney General Opinion 05-41, issued July 12, 2005 ("AGO No. 05-
41 "), confirms the authority of the City to enact an ordinance making the failure to stop at a red
light indication a violation of the City Code, to use unmanned cameras to monitor intersections
in the City for such violations of the City Code, and to record the license tag numbers of vehicles
involved in such violations; and
WHEREAS, the Florida Attorney General has opined that the City may not issue uniform traffic
citations under the Florida Statutes to drivers for violations observed by the use of unmanned
cameras and not otherwise observed by police officers; and
WHEREAS, in order to be consistent with state law and AGO No. 05-41, the City will not issue
the uniform traffic citation prescribed by Chapter 316, and will not prosecute offenses of its City
ordinance through county court, but rather through the City's enforcement program; and
WHEREAS, the City Commission finds it to be fair and reasonable to use the same procedure
used by the state to enforce toll violations through unmanned cameras, and to provide alleged
violators with the opportunity to have an appeal hearing before the Ocoee Police Infraction
Hearing Board; and
WHEREAS, the City Commission finds that implementation of the enforcement program as set
forth herein will promote, protect and improve the health, safety and welfare of its citizens,
consistent with the authority of and limitations on the City pursuant to the Florida Constitution
and Florida Statutes.
NOW, THEREFORE, BE IT ENACTED 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 316 and 166, Florida Statutes.
Section 2. Recitals. The above recitals are true and correct and are hereby
incorporated herein.
Section 3. Traffic Lh?:ht Safety. A new Article III to Chapter 168 of the Code of
Ordinances of the City of Ocoee, Florida is hereby adopted as follows:
See Exhibit" A" attached hereto, and by this reference made a part
hereof.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
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competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
Section 5. Codification. It is the intention of the City Commission of the City that
the provisions of 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.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
passage and adoption.
PASSED AND ADOPTED this _ day of
,2008.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 2008
READ FIRST TIME , 2008
READ SECOND TIME AND ADOPTED
, 2008
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this _ day of , 2008.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_1130919.2
EXHIBIT "A"
ORLA_1130919,2
EXHIBIT "A" TO ORDINANCE NO.
CHAPTER 168
ARTICLE III
TRAFFIC LIGHT SAFETY
~ 168-10. Title.
This Article shall be known and may be cited as the "Traffic Light Safety Article."
~ 168-11.
Intent.
The purpose of this Article is to authorize the use of an unmanned cameras/monitoring system to
promote compliance with red light signal directives as prescribed by this Article, and to adopt a
civil enforcement system for red light signal violations. This Article shall be supplemental and in
addition to any other applicable law and shall not supersede, infringe, curtail or impinge upon
state laws related to red light signal violations or conflict with such laws.
~ 168-12.
Use of Image Capture Technologies.
The City shall utilize image capture technologies as a supplemental means of monitoring
compliance with laws related to traffic control signals, while assisting law enforcement
personnel in the enforcement of such laws, which are designed to protect and improve public
health, safety and welfare. The City shall utilize image capture technologies as an ancillary
deterrent to traffic control signal violations and to thereby reduce crashes and injuries associated
with such violations.
~ 168-13.
Definitions.
The following words, terms and phrases when used herein shall have the meanings indicated,
unless the context clearly indicates otherwise:
(a) Authorized Emergency Vehicles mean ambulances and vehicles opeJ:ated by the fire
department or a law enforcement agency when responding to an emergency
(b) Hearing Board means the Ocoee Police Infraction Hearing Board established
pursuant to Section 168-8.
( c) Intersection means the area embraced within the prolongation or connection of the
lateral curb line; or if none, then the lateral boundary lines, of the roadways of two
roads that join or intersect one another at, or approximately at, right angles; or the
area within which vehicles traveling upon different roads joining at any other angle
may come in conflict.
ORLA_1141598.3
(d) Motor vehicle means any self-propelled vehicle not operated upon rails or guideway,
but does not include bicycles or electric personal assistive mobility devices. For
purposes of this Article, authorized emergency vehicles are excluded from the
definition of "motor vehicle."
(e) Notice of Infraction means a citation issued for a violation Section 168-17.
(f) Owner/Vehicle Owner means the person or entity identified by the Florida
Department of Motor Vehicles, or other state vehicle registration office, as the
registered owner of a vehicle. Such term shall also mean a lessee of a motor vehicle
pursuant to a lease of six months or more.
(g) Recorded Images mean images recorded by a traffic control signal monitoring
system/device that are: (1) on two or more photographs, two or more electronic
images, digital or video movies, or any other medium that can display a Red Zone
Infraction; and (2) showing the rear of a motor vehicle and, on at least one
photograph or image, as applicable, clearly identifying the license plate number of the
vehicle.
(f) Red Zone Infraction means any violation of the requirements set forth in Section 168-
14 hereof.
(g) TrajJic Control Signal means a device exhibiting different colored lights or colored
lighted arrows, successively, one at a time, or in combination, using only the colors
green, yellow, and red, and which indicate and apply to drivers of motor vehicles as
provided in Section 316.075, Florida Statues.
(h) Traffic Control Signal Monitoring System/Device means an electronic system
consisting of one or more vehicle sensors, working in conjunction with a traffic
control signal, still cameras and video recording device, to capture and produce
recorded images of motor vehicles entering an intersection against a steady red light
signal indication.
~ 168-14. Adherence to Red Light Traffic Control Signals.
Any motor vehicle facing or approaching a traffic control signal displaying a steady red light
indication shall stop before entering the crosswalk on the near side of the intersection or, if none,
then before entering the intersection and shall, except as provided below, remain standing until a
green indication is shown on the traffic control signal. After a motor vehicle has stopped in
accordance with the foregoing, such motor vehicle may make a right turn as permitted by law.
~ 168-15.
Introductory period.
Until such time as the City Commission adopts a resolution advising the City Manager to
commence enforcement of this Article subsequent to the installation of traffic control signal
monitoring system(s)/device(s), unless the driver of a motor vehicle received a citation from a
Law Enforcement Officer at the time of a red zone infraction in accordance with normal traffic
enforcement techniques, the owner shall receive a courtesy notice of the violation. Commencing
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on the date set forth in the resolution, the City Manager shall commence enforcement of this
Article and owners shall be subject to enforcement as provided herein.
9 168-16.
Reviewing of Recorded Images.
A. The owner of a vehicle observed by recorded images committing a red zone
infraction shall be issued a notice of infraction. The recorded images shall be sufficient grounds
to issue a notice of infraction.
B. The City Manager or his designee shall designate one or more Traffic Control
Infraction Review Officer(s), who shall meet the qualifications set forth in 316.640(5)(A),
Florida Statues, or any other applicable statute. The Traffic Control Infraction Review Officer(s)
shall review recorded images prior to the issuance of a notice of infraction to ensure accuracy
and the integrity of the recorded images. The Traffic Control Infraction Officer(s) shall also
verify that the traffic control monitoring system/device that capture the recorded images was
functioning properly at the time the recorded images were captured. Once a Traffic Control
Infraction Review Officer has verified the accuracy of the recorded images and functionality of
the traffic control monitoring system/device, he or she shall complete a report, and a notice of
infraction shall be sent to the owner of the vehicle at the address on record with the Florida
Department of Highway Safety and Motor Vehicles.
9 168-17.
Notice of Infraction.
A notice of infraction issued pursuant to this Article shall include:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
The name and address of the vehicle owner;
The license plate number and registration number of the vehicle;
The make, model, and year of the vehicle;
Notice that the violation charged is pursuant to this Article;
The location of the intersection where the red zone infraction occurred;
The date and time of the red zone infraction;
Notice that the recorded images relating to the vehicle and a statement that the
recorded images are evidence of a red zone infraction;
(h)
(i)
U)
The civil penalty imposed;
Images depicting violation;
The procedures for payment of the civil penalty and contesting the notice of
infraction;
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(k)
A signed statement by a Traffic Control Infraction Officer that, based on
inspection of recorded images, the vehicle involved has committed a red zone
infraction; and
(1)
Information advising the person alleged to be liable under this Article of the
manner and time in which liability as alleged in notice of infraction may be
appealed and warning that failure to pay the civil penalty or to contest liability in
a timely manner is an admission of liability.
~ 168-18.
Vehicle Owner Responsibilities.
A. A vehicle owner receiving a notice of infraction may, within twenty-one (21) days
of the date of the notice of infraction:
1. Pay the assessed civil penalty pursuant to instructions on the notice of
infraction; or
11. Request an appeal pursuant to the procedures set forth in the notice of
infraction.
B. The failure to comply with the provisions of this Article within twenty-one (21)
days of the date of the notice of infraction shall constitute a waiver of the right to contest the
notice of infraction and will be considered an admission of liability.
~ 168-19.
A.
Appeal to Hearing Board.
The Hearing Board is authorized to consider appeals under this Article.
B. Upon receipt of an appeal, the City shall schedule a hearing before the Hearing
Board to occur not less than sixty (60) days after the City's receipt of the appeal request. The
City shall provide notice of the hearing to the vehicle owner no less than ten (10) days prior to
date of the hearing, and shall be delivered via certified U.S. mail to the same address to which
the notice of infraction was sent. After such hearing, the Hearing Board shall issue a written
order granting or denying the appeal.
C. The following shall be permissible grounds for granting an appeal:
i. At the time of the infraction, the vehicle was not under the care,
custody, or control ofthe vehicle owner or an individual with the vehicle
owner's consent, established pursuant to affidavit as provided in Section 168-20;
ii. The vehicle driver was issued a citation by a law enforcement,
which was separate and distinct from the citation issued under this Article, for
violating the steady red traffic control signal;
111. The vehicle driver was required to violate the steady red traffic
control signal in order to comply with other governing laws;
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iv. The vehicle driver was required to violate the steady red traffic
control signal in order to reasonably protect the property or person of another;
v. The steady red traffic control signal was inoperable or
malfunctioning; or
VI. Any other reason the Hearing Board deems appropriate.
D. The applicable Traffic Control Infraction Review Officer(s) shall testify at the
hearing. The vehicle owner, or his or her representative, may also present testimony and
evidence.
E. Recorded images indicating a red zone infraction, verified by the Traffic Control
Review Officer, are admissible in any proceeding before the Hearing Board to enforce the
provisions of this Article, and shall constitute prima facie evidence of the violation.
F. Unless an affidavit is provided pursuant to Section 168-20, it is presumed the
person registered as the vehicle owner with the Florida Department of Highway Safety and
Motor Vehicles or any other state vehicle registration office, or an individual having the owner's
consent, was operating the vehicle at the time of a red zone infraction.
G. Formal rules of evidence shall not apply at the hearing on the appeal and any
relevant evidence may be admitted. Hearsay evidence may be admitted, but shall not form the
sole basis upon which the Hearing Board's decision is made. Irrelevant and unduly repetitious
evidence may be excluded. The hearing shall be conducted in a manner to ensure that procedural
and substantive due process is afforded the owner.
~ 168-20.
Vehicle Owner Affidavit of Non-responsibility.
A. In order for the vehicle owner to establish that the vehicle was, at the time of the
red zone infraction, in the care of, custody, or control of another person without the consent of
the vehicle owner, the vehicle owner is required to complete an affidavit setting forth the
circumstances demonstrating that the vehicle was not in the vehicle owner's care, custody or
control, or that of a person with the vehicle owner's consent. The affidavit must be executed in
the presence of a notary and include:
i. If known to the vehicle owner, the name, address, and 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 red zone infraction; or
ii. If the vehicle was stolen, the police report indicating the vehicle
was stolen at the time of the alleged red zone infraction.
111. The following language immediately above the signature line:
"Under penalties of perjury, I declare that I have read the foregoing affidavit and
that the facts stated in it are true."
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B. The vehicle owner may present an affidavit pursuant to this section as a defense in
any proceeding before the Hearing Board.
~ 168-21.
Penalties.
A violation of this Article shall be deemed a non-criminal, non-moving violation for which a
civil penalty shall be accessed. The initial amount of such civil penalty shall be $125.00.
Notwithstanding the foregoing, the City Commission may, from time to time, by resolution,
change the amount of the civil penalty to be assessed under this Article. As the violation relates
to this Article and not the State Statutes, no points, as provided in Section 322.27, Florida
Statues, shall be recorded on the driving record of the vehicle owner or responsible party.
~ 168-22.
Administrative Charges.
In addition to any assessment imposed pursuant to Section 68-21, if the Hearing Board denies an
appeal, the owner shall also responsible for payment of administrative charges in the amount of
the City's actual costs of the appeal.
~ 168-23.
Collection of Fines.
The City Manager or his designee may establish procedures for the collection of a penalty
imposed herein, and may enforce such penalty by civil action in the nature of debt. The owner
shall also be responsible for payment of any costs incurred by the City in any legal proceedings
instituted to collect money due under this Article.
~ 168-24.
Exceptions.
This Article shall not apply to red zone infractions involving vehicle collisions or to any
authorized emergency vehicle responding to a bona fide emergency; nor shall a notice of
infraction be issued in any case where the operator of the vehicle was issued a citation for
violating the state statute regarding the failure to stop at a red light indication.
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