2020-009 Creating Section 168-14, Collection of Unpaid Red Light Violation Notices or Uniform Traffic Citations ORDINANCE NO. 2020-009
AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,AMENDING ARTICLE III,
CHAPTER 168, CITY OF OCOEE CODE OF ORDINANCES, RELATING TO
COLLECTION OF UNPAID RED LIGHT VIOLATION NOTICES OR UNIFORM
TRAFFIC CITATIONS; CREATING SECTION 168-14, CITY OF OCOEE CODE OF
ORDINANCES,AUTHORIZING THE CLERK TO NOTIFY THE DEPARTMENT OF
HIGHWAY SAFETY AND MOTOR VEHICLES OF PERSONS WHO WERE
MAILED AND DID NOT PAY OR FAILED TO APPEAR AT A HEARING
RELATING TO A NOTICE OF VIOLATION OF ARTICLE III, CHAPTER 168 (RED
LIGHT VIOLATIONS NOTICE),AUTHORIZING THE CLERK OF THE COURT TO
NOTIFY THE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
OF PERSONS WHO WERE MAILED AND DID NOT PAY,FAILED TO APPEAR AT
A HEARING, OR FAILED TO ATTEND A DRIVER IMPROVEMENT SCHOOL,
RELATING TO A UNIFORM TRAFFIC CITATION RELATING TO ARTICLE III,
CHAPTER 168 (RED LIGHT VIOLATIONS); PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS,as provided in Article VIII of the Constitution of the State of Florida and Chapters
163 and 166, Florida Statutes, the City of Ocoee (the "City") enjoys all home rule authority, police
power, land development and zoning authority, and governmental and proprietary powers necessary to
conduct municipal government and perform municipal functions; and
WHEREAS, the City may exercise any power for municipal purposes, except as expressly
prohibited by law; and
WHEREAS, the City has established a red light safety program at Article III, Chapter 168, of
the City of Ocoee Code of Ordinances, which authorizes the use of traffic infraction detectors in
accordance with Florida Statutes; and
WHEREAS, Section 318.15(1),Florida Statutes,authorizes the Clerk of the Court to notify the
Department of Highway Safety and Motor Vehicles (Department) of unpaid uniform traffic citations,
failure to attend driver improvement school, or failure to appear at a scheduled hearing relating to a
red light violation so that the Department may notify the driver of the unpaid uniform traffic citations
and, thereafter, issue an order suspending the driver's license and privilege to drive of persons with
such unpaid citations; and
WHEREAS, Section 318.15(3),Florida Statutes,authorizes the Clerk to notify the Department
of unpaid notices of violation relating to red light violations or failure to appear at a scheduled hearing
relating to a red light violation so as to require payment of all such unpaid notices of violation before
the Department may issue a license plate or revalidation sticker; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in a public
hearing in accordance with the procedures set forth in Section 166.041, Florida Statutes; and
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WHEREAS, the City Commission in good faith determines that this Ordinance is in the best
interest of the City and its residents and promotes the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED 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. Creation of Section 168-14. Section 168-14, City of Ocoee Code
of Ordinances is hereby created to read as follows, with underlines showing additions:
'S 168-14. —Clerk to notice Department of Highway Safety and Motor Vehicles of unpaid uniform
traffic citations and notices of violation for red light
A. Notice of Violation.
(1) In accordance with the provisions stated at section 318.15(3), Florida Statutes, the Clerk
shall notify the Department of Highway Safety and Motor Vehicles (Department) of persons
who were mailed a notice of violation of s. 316.074(1) or s. 316.075(1)(c)1., Florida
Statutes, pursuant to s. 316.0083, Florida Statutes, and who failed to enter into, or comply
with the terms of,a penalty payment plan,or order with the clerk to the local hearing officer
or failed to appear at a scheduled hearing within ten (10) days after such failure, and shall
reference the person's driver license number, or in the case of a business entity, vehicle
registration number.
(2) Upon receipt of such notice, the Department, or authorized agent thereof, may not issue a
license plate or revalidation sticker for any motor vehicle owned or co-owned by that
person pursuant to s.320.03(8),Florida Statutes,until the amounts assessed have been fully
paid.
(3) After the issuance of the person's license plate or revalidation sticker is withheld pursuant
to paragraph (1), the person may challenge the withholding of the license plate or
revalidation sticker only on the basis that the outstanding fines and civil penalties have
been paid pursuant to s. 320.03(8), Florida Statutes.
(4) Uniform Traffic Citation.
In accordance with the provisions states at section 318.15(1), Florida Statutes, if a person fails
to comply with the civil penalties provided in s.318.18,Florida Statutes,within the time period
specified in s. 318.14(4), Florida Statutes, fails to enter into or comply with the terms of a
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penalty payment plan with the Clerk of the Court in accordance with ss. 318.14 and 28.246,
Florida Statutes, fails to attend driver improvement school, or fails to appear at a scheduled
hearing,the Clerk of the Court shall notify the Department of such failure within ten(10)days
after such failure.Upon receipt of such notice,the Department shall immediately issue an order
suspending the driver license and privilege to drive of such person effective twenty(20) days
after the date the order of suspension is mailed in accordance with Florida Statutes.
SECTION 3. 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 4. 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 5. Effective Date. This Ordinance shall become effective immediately
upon passage and adoption.
PASSED AND ADOPTED this q day of 1.rj'riZa ,2020.
ATTEST: APPROVED:
CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk
(SEAL) �•__�., _
Rusty Johnson!
ADVERTISED , 4 3 ,20gd
READ FIRST TIME z , „ , ,20Z
FOR USE AND RELIANCE ONLY BY READ SECOND TIME AN 1 ADOPTED
THE CITY OF OCOEE,FLORIDA; rehrd2r1/ '-I ,2020
APPROVED AS TO FORM AND UNDER AUENDA ITEM NO. �p
LEGALITY
this4N-day of , , 20 2v.
SHUFFIELD, LOWMAN & WILSON, P.A.
By: _ OP__
City Attorn �1
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