HomeMy WebLinkAboutItem #07 Second Reading of Ordinance Amending Chapter 168 Police Infraction Hearing Board
AGENDA ITEM COVER SHEET
Meeting Date: May 19, 2009
Item # {
Contact Name:
Contact Number:
C. Brown
X3022
Reviewed By:
Department Director:
City Manager:
C.
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
Ordinance First Reading
x Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
_ 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 Rosenthal d ./
df;1;'
N/A
N/A
N/A
City Manager
Robert Frank
Commissioners
Gary Hood, District 1
Rosemarv Wilsen, District 2
Rustv Johnson, District 3
Joel Keller. District 4
Mavor
S, Scott Vandergrift
STAFF REPORT
FROM:
The Honorable Mayor and City Commissioners
charle~wn, Chief of Police
May 12,JJ
TO:
DATE:
RE:
Ordinance Amendment Chapter 168 Police Infraction Hearing Board and Traffic Light
Safety Article (Second 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?
BACKGROUND/DISCUSSION
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 of the 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.
2
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 PENALTIES 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. Authoritv. 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 ofOcoee, 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 Citv Code. to hear contests to citations issued by
the Citv of Ocoee for violations of the Citv 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 Citv Code violation listed in a citation were in
fact committed; and
M. To impose fines and fees. includinl.! late fees and administrative chames. consistent
with this Chapter.
5. To imoose fines and fees. includinl.! late fees and administrative chames. exoressly
orovided for in the Citv 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 Commission shall appoint a member of the Hearing Board.
The other two members of the Hearing Board shall be appointed by the City Commission
from among the membership of the Citizens Advisory Council of the Ocoee Police
Department. The Chief of Police shall provide the City Commission with his
recommendation 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 Commissioner 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.
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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 if the 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 orovided in other orovisions of the Citv Code,
then the Chairperson shall call a meeting of the Hearing Board within 30 days of such
request.
F. If- With resoect to oarking: citations issued for violations of Article I of Chaoter 168 of
the Citv 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 oarking: citation shall be dismissed and the filing fee shall be refunded.
G. With resoect to a citation or notice of infraction issued for a violation of other
orovisions of the Citv Code which violation may be aooealed to the Hearing: Board. if the
Hearing: Board determines that the violation(s) of the Citv Code listed in the contested
citation or notice of infraction were in fact committed. the Hearing: Board mav imoose a
fine in an amount soecified bv the Citv Code with resoect to such Citv Code violation.
olus anv administrative chames or other fees imoosed bv the Citv Code. If the Hearing:
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 filing: fee. if anv. shall be refunded.
H, Formal rules of evidence shall not aoolv at the hearing: 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 Hearing: Board's decision is made. Irrelevant and unduly
reoetitious evidence mav be excluded, The hearing: shall be conducted in a manner to
ensure that orocedural and substantive due orocess is afforded the oerson filing: the aooeal
to the Hearing: Board.
F. The decision of the Hearing: Board shall be final action bv the Citv.
SECTION 3. Section 168-16 of Article III of Chapter 168 of the Code of
Ordinances of the City ofOcoee, Florida, is hereby amended to read as follows:
ORLA_1300496.2
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S 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 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 orovided for in this section and anv notice of infraction based on such
renort mav be comnleted on-line and utilize an electronic si!:mature 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 ofOcoee, 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 provide: nrovided. however. that the Chief of Police or his desi!:mee mav
void or dismiss the notice of infraction beinQ. annealed if the Chief of Police or his
desiQ.nee 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 desiQ.nee voids or dismisses the notice of infraction as aforesaid. then written notice
of such action shall be nrovided to the nerson filinQ. the anneal. Otherwise. the Citv 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 delivered via certifiedsent by 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 days thereafter by 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 nenaltv and
ORLA_1300496,2
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administrative chames shall be due and oavable within ten days 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 ofOcoee, Florida, is hereby amended to read as follows:
S 168-21. Penalties.
~ A violation of this Article shall be deemed a noncriminal, nonmoving violation for
which a civil penalty in the amount of $ 125...Q.Q shall be accessed. Failure to timelv nav
the nenaltv or reauest an anneal as orovided in Section 168-18 shall result in an automatic
late fee in the amount of$25.00 being: added to the civil nenaltv. As the violation relates
to this Article and not the State Statutes, no points, as provided in S 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 nenaltv in connection with a red zone
infraction (or such comnarable term as mav be used in the Florida Statutes) and such civil
nenaltv is Q:reater than $125.00. then in such event the civil nenaltv 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:
S 168-22. Administrative charges.
In addition to any assessmentcivil nenaltv imposed pursuant to S 68-21, if an anneal 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:
S 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 charg:e imposed herein, and may enforce soofl
penaltythe 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
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SECTION 8. Severabilitv. 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
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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:
City Attorney
ORLA_1300496.2
ADVERTISED ,2009
READ FIRST TIME , 2009
READ SECOND TIME AND ADOPTED
, 2009
UNDER AGENDA ITEM NO.
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Copy of Public Hearing Advertisement
Date Published
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PUBUC HEARING
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