HomeMy WebLinkAboutEmergency Item #1 - Emergency Ordinance Amending Section 168-16(A) of the Ocoee City Code
:FOLEY
FOLEY & LARDNER LLP
ATTORNEYS AT LAW
MEMORANDUM
CLIENT. MATTER NUMBER
020377.0876
TO:
Honorable Mayor and City Commissioners of the City of Ocoee
FROM:
Paul E. Rosenthal, Esq. City Attorney
cc:
Rob Frank, City Manager
Charlie Brown, Chief of Police
DATE:
June 15,2010
RE:
Emergency Ordinance: Amendment to Ocoee's Traffic Light Safety Article,
Chapter 168 of the City Code
The Florida Legislature adopted Chapter 2010-80, Laws of Florida, known as the
Mark Wandall Traffic Safety Act. The Act becomes effective on July 1, 2010. A new Section
316.0076, Florida Statutes, is created which provides that the regulation of the use of cameras for
enforcing the provisions of the Act is expressly preempted to the state.
Ocoee's Traffic Light Safety Article codified in Chapter 168 of the City Code
addresses a subject which is preempted to the state as of July 1, 2010. In order to avoid any
conflict with Chapter 2010-80, it is necessary to amend Ocoee's Traffic Light Safety Article to
provide that it only relates to red zone infractions committed on or before 11 :59 pm on June 30,
2010. The Ocoee Code would continue to apply with respect to red light violations occurring
prior to July 1,2010. The City of Orlando recently adopted a similar ordinance with respect to
their red light program. Attached is the proposed Ordinance.
This item needs to be adopted as an emergency ordinance since the City
Commission will not be meeting again prior to the July 1, 2010 effective date of the Act.
Ene!.
ORLA_1564671.1
ORDINANCE NO.
AN EMERGENCY ORDINANCE OF THE CITY OF OCOEE,
FLORIDA AMENDING SECTION 168-16(A) OF THE OCOEE
CITY CODE IN ORDER TO CONFORM THE CITY'S TRAFFIC
LIGHT SAFETY ARTICLE WITH THE MARK W ANDALL
TRAFFIC SAFETY ACT, CHAPTER 2010-80, LAWS OF
FLORIDA; FINDING THE EXISTENCE OF AN EMERGENCY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Ocoee finds that the use of unmanned cameras has
proven to be an effective enforcement mechanism against motorists who fail to obey red light
traffic signals within the City; and
WHEREAS, the City Commission finds that regulation of the use of cameras for
enforcing the provisions of Chapter 316, Florida Statutes, will be expressly preempted to the
State as of July 1, 2010; and
WHEREAS, the City Commission finds that the adoption of this ordinance is
necessary to conform the City's "Traffic Light Safety Article" and red light camera program with
the provisions of the "Mark Wandall Traffic Safety Act," Chapter 2010-80, Laws of Florida and
that such action must be taken prior to July 1, 2010 which is the effective date of the Mark
Wandall Traffic Safety Act; and
WHEREAS, the City Commission further finds that said ordinance will provide
an equitable, expeditious, and effective method of enforcement of red light violations/red zone
infractions that occur prior to and subsequent to the effective date of the Mark Wandall Traffic
ORLA_1562770.1
Safety Act, which will further promote, protect, and improve the public health, welfare and safety
of the citizens of the City of Ocoee.
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 Chapter 166, Florida Statutes.
SECTION 2. Section 168-16(A) of Article III of Chapter 168 of the Code of
Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows:
A. The owner of a vehicle observed by recorded images committing a red zone
infraction on or before 11 :59 p.m. on June 30. 2010 shall be issued a notice of infraction and
shall be subiect to the penalties and procedures set forth in Article III of Chapter 168 of this
Code. Violations that are captured by recorded images on or after 12:00 a.m. on July 1. 2010
shall be enforced and prosecuted in accordance with state law. The recorded images shall be
sufficient grounds to issue a notice of infraction.
SECTION 3. Emere:encv Ordinance. Pursuant to Section 166.041(3)(b),
Florida Statutes, the City Commission of the City of Ocoee hereby finds that an emergency
situation exists due to the adoption by the Florida Legislatures of the "Mark Wandall Traffic
Safety Act", Chapter 2010-80, Laws of Florida, which as of July 1, 2010 preempts to the state the
regulation of the use of cameras for enforcing the provisions of Chapter 316, Florida Statutes.
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
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.
ORLA_1562770.1
-2-
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 15th day of June, 2010.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
READ FIRST TIME AND ADOPTED
June 15,2010 UNDER AGENDA
ITEM NO. Emere:encv Item
ORLA_1562770 .1
-3-
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this 15th day of June, 2010.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_1562770.1
-4-