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HomeMy WebLinkAboutItem #07 First Reading of Ordinance Amending Chapter 168 Police Infraction Hearing Board and Traffic Light Safety Article AGENDA ITEM COVER SHEET Meeting Date: May 5, 2007 Item # ry Contact Name: Contact Number: C. Brown X3022 Reviewed By: Department Director: City Manager: r Subject: " Ordmanc~ Ame'ndment Chapter 168 Police Infraction Hearing Board and Traffic Light Sa ety f :wflbAr:ticle (Firs~&~a~ing);, .....f ..11@ 8'fif0;@ '.' '. .T!! Background Summary: The City of Ocoee is amending Ordinance Chapter 168 Police Infraction Hearing Board and Traffic Light Safety Article regarding powers and procedures of the board; processing and noticing of appeals; allowing the use of on-line reporting and electronic signatures; and authorizing and collecting late fees, administrative fees, and fines up to the State level should the State of Florida adopt a higher fine than the City for red light camera violations. Issue: Should the Honorable Mayor and Board of City Commissioners approve an Ordinance Amendment for Chapter 168 Police Infraction Hearing Board and Traffic Light Safety Article? Recommendations It is recommended that the Honorable Mayor and Board of City Commissioners approve an Ordinance Amendment for Chapter 168 Police Infraction Hearing Board and Traffic Light Safety Article. Attachments: Ordinance Amendment Chapter 168 Financial Impact: Amendment implements a $25.00 late fee for notice of (red light camera) infractions not paid or contested in a timely manner and a $50.00 administrative charge should the Hearing Board deny an appeal. It also allows the fine to be as much as the State's should the State of Florida adopt a higher fine than the City for red light camera violations. Type of Item: (please mark with an "x'J Public Hearing x Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's Deat Use: Consent Agenda _ 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 Paul :;;r~- N/A N/A N/A Citv Mana!?:er Robert Frank Commissioners Garv Hood. District 1 Rosemarv Wilsen. District 2 Rustv Johnson. District 3 Joel Keller. District 4 Mavor S. Scott Vander!?:rift STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Charles J. Brown, Chief of Police DATE: April 27, 2009 RE: Ordinance Amendment Chapter 168 Police Infraction Hearing Board and Traffic Light Safety Article (First Reading) ISSUE Should the Honorable Mayor and Board of City Commissioners approve an Ordinance Amendment for Chapter 168 Police Infraction Hearing Board and Traffic Light Safety Article? BACKGROUNDIDISCUSSION The City of Ocoee is amending Ordinance Chapter 168 Police Infraction Hearing Board and Traffic Light Safety Article regarding powers and procedures of the board, processing and noticing of appeals, allowing the use of on-line reporting and electronic signatures, and authorizing and collecting late fees and administrative fees. Amongst some of the specific changes and additions are: The Hearing Board may hear and rule upon cases relating to red light camera violations in a manner similar to City parking violations. The decision ofthe Hearing Board shall be the final action by the City. The Chief of Police or his designee may review appeals prior to them going to the Hearing Board and dismiss and void the notice of (red light camera) infraction. The City shall mail notice of the hearing to the vehicle owner no less than ten days prior to date of the hearing, and such notice shall be sent by first class U.S. Mail to the same address to which the notice of infraction was sent. The report provided for in this section and any notice of infraction may be made on-line and utilize an electronic signature of the Traffic Control Infraction Review Officer. Failure to pay the penalty or request as appeal in a timely manner as provided in Section 168-18 shall result in an automatic late fee in the amount of$25.00 being added to the civil penalty. If an appeal is filed and the Hearing Board denies the appeal, the owner shall also be responsible for payment of administrative charges in the amount of $50.00. If the State of Florida adopts a "red light camera" statute and authorizes fines higher than those of the City of Ocoee, the City's fine shall automatically increase to that of the State's. 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING CHAPTER 168 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE WITH RESPECT TO THE OCOEE POLICE INFRACTION HEARING BOARD AND THE TRAFFIC LIGHT SAFETY ARTICLE; AMENDING SECTION 168-8 WITH RESPECT TO THE POWERS OF THE OCOEE POLICE INFRACTION HEARING BOARD AND THE PROCEDURES FOLLOWED BY SUCH BOARD; AMENDING SECTION 168-16 IN ORDER TO ALLOW THE USE OF ON-LINE REPORTING AND ELECTRONIC SIGNATURES IN CONNECTION WITH RED ZONE INFRACTIONS; AMENDING SUBSECTION 168-19.B REGARDING THE PROCESSING AND NOTICING OF APPEALS OF RED ZONE INFRACTIONS; AMENDING SECTION 168-21 REGARDING PENAL TIES IN ORDER TO PROVIDE FOR LATE FEES AND FOR AUTOMATIC INCREASES IN THE CIVIL PENALTY WHEN A HIGHER AMOUNT IS SET BY FLORIDA STATUTES; AMENDING SECTION 168-22 REGARDING ADMINISTRATIVE CHARGES IN ORDER TO FIX THE ADMINISTRATIVE CHARGE AT $50.00 IN CONNECTION WITH DENIALS OF APPEALS OF RED ZONE INFRACTIONS; AMENDING SECTION 168-23 REGARDING THE COLLECTION OF FINES IN ORDER TO ADDRESS THE COLLECTION OF LATE FEES AND ADMINISTRATIVE CHARGES ASSOCIATED WITH RED ZONE INFRACTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. 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 Chapter 166, Florida Statutes. SECTION 2. Section 168-8 of Article II of Chapter 168 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: ORLA._ 1300496.2 ORLA_1300496.2 ~ 168-8. Ocoee Police Infraction Hearing Board. A. There is hereby established the Ocoee Police Infraction Hearing Board (the "Hearing Board"). The Hearing Board shall have the following powers and duties: 1. To hear contests to parking citations issued by the City of Ocoee and receive and evaluate evidence in connection therewith; and 2. When exoresslv authorized bv the City Code. to hear contests to citations issued bv the City of Ocoee for violations of the City Code and to receive and evaluate evidence in connection therewith: and 3. Based on the evidence presented at such a hearing, to make a determination as to whether the parking violation(s) or other City Code violation listed in a citation were in factcorrunitted;and ;.4. To impose fines and fees. includin!! late fees and administrative char!!es. consistent with this Chapter. 5. To imoose fines and fees. includin!! late fees and administrative char!!es. exoresslv orovided for in the City Code with resoect to City Code violation listed in the citation. B. The Hearing Board shall consist of seven members, two of which must be members of the Citizens Advisory Council of the Ocoee Police Department. Additional members of the Hearing Board may also be members of Citizens Advisory Council of the Ocoee Police Department. All members of the Hearing Board shall be residents or business owners from the City of Ocoee. The Hearing Board shall elect a Chairperson and a Vice- Chairperson yearly from among its members. C. Each member of the City Corrunission shall appoint a member of the Hearing Board. The other two members of the Hearing Board shall be appointed by the City Corrunission from among the membership of the Citizens Advisory Council of the Ocoee Police Department. The Chief of Police shall provide the City Corrunission with his recorrunendation as to the appointees from the Citizens Advisory Council of the Ocoee Police Department. If a member of the Hearing Board who is appointed from the membership of the Citizens Advisory Council of the Ocoee Police Department ceases to be a member of the Citizens Advisory Council of the Ocoee Police Department, then such person shall also cease to be a member of the Hearing Board. Members of the Hearing Board shall serve two-year terms; provided, however, that the initial members of the Hearing Board appointed by each City Corrunissioner shall serve a term of one year. D. Three members of the Hearing Board shall constitute a quorum, and no action may be taken if less than three members are present and voting. -2- E. The Hearing Board shall adopt rules for transaction of its business and shall keep a record of its resolutions, transactions, findings and determinations. Meetings of the Hearing Board shall be held at the call of the Chairperson and at such times as the Hearing Board may determine, provided, however, that ifthe Chief of Police or his designee requests a meeting of the Hearing Board to consider a contested citation as provided in S 168-2D of this Chapter or as nrovided in other nrovisions of the City Code, then the Chairperson shall call a meeting of the Hearing Board within 30 days of such request. F. If- With resnect to narkin!! citations issued for violations of Article I of Chanter 168 of the City Code. if the Hearing Board determines that the parking violation(s) listed in the contested parking citation were in fact committed, the Hearing Board may impose a fine of up to $100 for each violation or $250 for each disabled parking violation, plus hearing costs for the issuing officer's attendance. If the Hearing Board determines that the parking violation(s) listed in the contested parking citation were not committed, then the contested narkin!! citation shall be dismissed and the filing fee shall be refunded. G. With resnect to a citation or notice of infraction issued for a violation of other orovisions of the City Code which violation may be anoealed to the Hearin!! Board. if the Hearin!! Board determines that the violation(s) of the City Code listed in the contested citation or notice of infraction were in fact committed. the Hearin!! Board may imnose a fine in an amount soecified bv the City Code with resoect to such City Code violation. olus any administrative char!!es or other fees imoosed bv the City Code. If the Hearin!! Board determines that the violation(s) listed in the contested citation or notice of infraction were not committed. then the contested citation or notice of infraction shall be dismissed and the filin!! fee. if any. shall be refunded. H. Formal rules of evidence shall not aonlv at the hearin!! on the aooeal and any relevant evidence mav be admitted. Hearsav evidence mav be admitted. but shall not form the sole basis uoon which the Hearin!! Board's decision is made. Irrelevant and unduly reoetitious evidence mav be excluded. The hearin!! shall be conducted in a manner to ensure that orocedural and substantive due orocess is afforded the oerson filin!! the aooeal to the Hearin!! Board. F. The decision of the Hearin!! Board shall be final action bv the City. SECTION 3. Section 168-16 of Article III of Chapter 168 of the Code of Ordinances ofthe City of Ocoee, Florida, is hereby amended to read as follows: ORLA_ 1300496.2 -3- S 168-16. Reviewing of recorded images. A. The owner of a vehicle observed by recorded images conumttmg 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 S 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 Review 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. C. The renort nrovided for in this section and anv notice of infraction based on such renort mav be comnleted on-line and utilize an electronic sillnature of the Traffic Control Infraction Review Officer. SECTION 4. Subsection 168-19.B of Article III of Chapter 168 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: B. Upon receipt of an appeal, the City shall schedule a hearing before the Hearing Board to occur not less than 60 days after the City's receipt of the appeal request~ The City shall proyide: orovided. however. that the Chief of Police or his desillnee mav void or dismiss the notice of infraction beinll annealed if the Chief of Police or his desill11ee determines based on a review of the anneal that there does not exist orobable cause to believe that the annellant committed a red zone infraction. If the Chief of Police or his desillnee voids or dismisses the notice of infraction as aforesaid. then written notice of such action shall be nrovided to the nerson filinll the anneal. Otherwise. the City shall mail notice of the hearing to the vehicle owner no less than ten days prior to date of the hearing, and such notice shall be deli'.'ered via certifiedsent bv first class 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~ and a conv of such order shall be sent within 3 davs thereafter bv first class U.S. mail to the same address to which the notice of infraction was sent. If the anneal is denied. the annlicable civil nenalty and ORLA_ 1300496.2 -4- administrative chames shall be due and oavable within ten davs after the Hearing: Board's issuance of its order. SECTION 5. Section 168-21 of Article III of Chapter 168 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: ~ 168-21. Penalties. A. A violation of this Article shall be deemed a noncriminal, nonmoving violation for which a civil penalty in the amount of$125.00 shall be accessed. Failure to timelv oav the oenaltv or reauest an aooeal as orovided in Section 168-18 shall result in an automatic late fee in the amount of $25.00 being: added to the civil oenaltv. As the violation relates to this Article and not the State Statutes, no points, as provided in ~ 322.27, Florida Statutes, shall be recorded on the driving record of the vehicle owner or responsible party. B. Notwithstanding: the orovisions of Section 168-21.A. above. in the event the Florida Statutes are amended to orovide for a civil oenaltv in connection with a red zone infraction (or such comoarable term as mav be used in the Florida Statutes) and such civil oenaltv is g:reater than $125.00. then in such event the civil oenaltv set forth above shall automaticallv be increased to the hig:her amount established bv the Florida Statutes. SECTION 6. Section 168-22 of Article III of Chapter 168 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: ~ 168-22. Administrative charges. In addition to any assessmentcivil oenaltv imposed pursuant to ~ 68-21, if an aooeal is filed and the Hearing Board denies anthe appeal, the owner shall also be responsible for payment of administrative charges in the amount of the City's actual costs of the appeal. $50.00. SECTION 7. Section 168-23 of Article III of Chapter 168 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: ~ 168-23. Collection of fines. The City Manager or his designee may establish procedures for the collection of aanv civil penalty. late fee and/or administrative char2.e imposed herein, and may enforce 5l:l€fl pcnaltythe collection thereof 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. ORLA_1300496.2 -5- SECTION 8. 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 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 9. 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 10. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this _ day of ,2009. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk (SEAL) S. Scott Vandergrift, Mayor ORLA_1300496.2 -6- FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2009. FOLEY & LARDNER LLP By: ORLA_1300496.2 City Attorney ADVERTISED , 2009 READ FIRST TIME , 2009 READ SECOND TIME AND ADOPTED , 2009 UNDER AGENDA ITEM NO. -7-