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HomeMy WebLinkAboutOrdinance 2009-015 Amending Police Infraction Hearing Board ORDINANCE NO. 2009-015 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 PENAL TY 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 r--n I 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 expressly authorized by the City Code, to hear contests to citations issued by 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 fact committed; and 4. To impose fines and fees, including late fees and administrative charges, consistent with this Chapter. 5. To impose fines and fees, including late fees and administrative charges, expressly provided for in the City Code with respect 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 ofOcoee. 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. -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 if the Chief of Police or his designee requests a meeting of the Hearing Board to consider a contested citation as provided in ~ 168-2D of this Chapter or as provided in other provisions of the City Code, then the Chairperson shall call a meeting of the Hearing Board within 30 days of such request. F. With respect to parking citations issued for violations of Article I of Chapter 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 parking citation shall be dismissed and the filing fee shall be refunded. G. With respect to a citation or notice of infraction issued for a violation of other provisions of the City Code which violation may be appealed to the Hearing Board, if the Hearing Board determines that the violation(s) of the City Code listed in the contested citation or notice of infraction were in fact committed, the Hearing Board may impose a fine in an amount specified by the City Code with respect to such City Code violation, plus any administrative charges or other fees imposed by the City 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 any, shall be refunded. H. 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 person filing the appeal to the Hearing Board. F. The decision of the Hearing Board shall be final action by the City. 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 -3- ~ 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 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 report provided for in this section and any notice of infraction based on such report may be completed on-line and utilize an electronic signature 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 provided, however, that the Chief of Police or his designee may void or dismiss the notice of infraction being appealed if the Chief of Police or his designee determines based on a review of the appeal that there does not exist probable cause to believe that the appellant committed a red zone infraction. If the Chief of Police or his designee voids or dismisses the notice of infraction as aforesaid, then written notice of such action shall be provided to the person filing the appeal. 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 sent 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 copy 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 appeal is denied, the applicable civil penalty and administrative charges shall be due and payable within ten days after the Hearing Board's issuance of its order. ORLA_1300496.2 -4- 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 timely pay the penalty or request an appeal 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. 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 provisions of Section 168-21.A. above, in the event the Florida Statutes are amended to provide for a civil penalty in connection with a red zone infraction (or such comparable term as may be used in the Florida Statutes) and such civil penalty is greater than $125.00, then in such event the civil penalty set forth above shall automatically be increased to the higher amount established by the Florida Statutes. SECTION 6. Section 168-22 of Article III of Chapter 168 of the Code of Ordinances of the City ofOcoee, Florida, is hereby amended to read as follows: ~ 168-22. Administrative charges. In addition to any civil penalty imposed pursuant to ~ 68-21, 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. 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 any civil penalty, late fee and/or administrative charge imposed herein, and may enforce the 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 procredings instituted to collect money due under this Article. 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 ORLA_1300496.2 -5- 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. Effective Date. This Ordinance shall become effective SECTION 10. immediately upon passage and adoption. PASSED AND ADOPTED this ~day Of~, 2009. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA S'~l~A S. Scott Vandergrift, Mayor"1 (SEAL) ORLA_1300496.2 -6- FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LE<iALITY JA this .tL day of IV tt 7 ' 2009. ::LEV(lj?1:tJ City Attorney ORLA_1300496.2 ADVERTISED~, 2009 READ FIRST TIME' m~ s: 2009 READ SECOND TIME AND ADOPTED _'f{l~ ,2009 UNDERA E A ITEM NO.~ -7-