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Ordinance 2008-022 Red Light Camera ORDINANCE NO. 2008-022 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ADOPTING A NEW ARTICLE III TO CHAPTER 168 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO THE ENFORCEMENT OF RED LIGHT TRAFFIC SIGNAL INFRACTIONS; PROVIDING INTENT AND DEFINITIONS; REQUIRING COMPLIANCE WITH RED LIGHT SIGNALS; PROVIDING FOR AND AUTHORIZING THE CITY TO IMPLEMENT THE USE OF UNMANNED CAMERASIMONITORING DEVICES TO PROMOTE COMPLIANCE WITH RED LIGHT SIGNALS; PROVIDING FOR THE REVIEW OF RECORDED IMAGES BY CITY OFFICIALS; PROVIDING FOR THE ISSUANCE OF NOTICES OF INFRACTIONS; PROVIDING FOR THE IMPOSITION AND COLLECTION OF CIVIL PENAL TIES AND ADMINISTRATIVE FEES; PROVIDING FOR AN APPEALS PROCESS; PROVIDING FOR EXCEPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Ocoee (the "City") is located in a high density traffic area and regularly experiences traffic incidents related to the failure of motorists to obey duly erected traffic control devices, exposing its citizens to the dangers of personal injury and property damage; and WHEREAS, the City Commission of the City is concerned with the inability to sufficiently enforce the state statute prohibiting running of red lights, due mainly to the requirements that enforcement of the state statute requires the personal observation of police officers, affecting the ability to effectively reduce the significant dangers presented to motorists and pedestrians by the failure to stop for a red light; and WHEREAS, the use of unmanned cameras to enforce toll violations on the state's toll roads has been determined to be fair, reasonable and sufficient in order to effectively enforce laws regulating the payment of tolls without the need to commit the extreme amount of personnel that would be necessary without the use of unmanned cameras; and WHEREAS, similarly, the use of unmanned cameras will be effective in enforcing laws requiring vehicles to stop for red lights; therefore freeing City police personnel to respond to other, and sometimes more, significant incidents as well as serious crime; and WHEREAS, local governments in different parts of the state and country have demonstrated the enhancement of vehicular and pedestrian traffic safety attributable to the integration of automated image capture technologies with traditional traffic law enforcement methodology; and WHEREAS, Section 316.008, Florida Statues, grants municipalities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of police power, the authority to regulate and monitor traffic by means of police officers and security devices; and WHEREAS, the City has home rule authority pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166, Florida Statues, to enact an ordinance making the failure to stop ORLA_1130919.2 for a red light indication a violation of the City Code, and to provide for enforcement of such violations of the City Code through the use of the Ocoee Police Infraction Hearing Board; and WHEREAS, Florida Attorney General Opinion 05-41, issued July 12, 2005 ("AGO No. 05- 41 "), confirms the authority of the City to enact an ordinance making the failure to stop at a red light indication a violation of the City Code, to use unmanned cameras to monitor intersections in the City for such violations of the City Code, and to record the license tag numbers of vehicles involved in such violations; and WHEREAS, the Florida Attorney General has opined that the City may not issue uniform traffic citations under the Florida Statutes to drivers for violations observed by the use of unmanned cameras and not otherwise observed by police officers; and WHEREAS, in order to be consistent with state law and AGO No. 05-41, the City will not issue the uniform traffic citation prescribed by Chapter 316, and will not prosecute offenses of its City ordinance through county court, but rather through the City's enforcement program; and WHEREAS, the City Commission finds it to be fair and reasonable to use the same procedure used by the state to enforce toll violations through unmanned cameras, and to provide alleged violators with the opportunity to have an appeal hearing before the Ocoee Police Infraction Hearing Board; and WHEREAS, the City Commission finds that implementation of the enforcement program as set forth herein will promote, protect and improve the health, safety and welfare of its citizens, consistent with the authority of and limitations on the City pursuant to the Florida Constitution and Florida Statutes. 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 Chapters 316 and 166, Florida Statutes. Section 2. Recitals. The above recitals are true and correct and are hereby incorporated herein. Section 3. Traffic Li2ht Safetv. A new Article III to Chapter 168 of the Code of Ordinances of the City of Ocoee, Florida is hereby adopted as follows: See Exhibit "A" attached hereto, and by this reference made a part hereof. 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_1130919.2 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 2 r4ay of ~008. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA 6>- ~ ~) S. Scott Vandergrift, Mayor ., (SEAL) ADVERTISED -"'D\I, 23 , 2008 READ FIRST TIME No \J \g ,2008 READ SECOND TIME AND ADOPTED .Dee €Kr\.het- t.. , 2008 UNDER AGENDA ITEM NO. 9 A FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY () _ . this ~ day of.lftt-oJ,V;-2008. FOLE~ ~~R LL~, !J By: lYtiwl'{~ City Attorney ORLA_1130919.2 - EXHIBIT "A" ORLA_1130919.2 11/06/08 EXHIBIT "A" TO ORDINANCE NO. CHAPTER 168 ARTICLE III TRAFFIC LIGHT SAFETY ~ 168-10. Title. This Article shall be known and may be cited as the "Traffic Light Safety Article." ~ 168-11. Intent. The purpose of this Article is to authorize the use of an unmanned cameras/monitoring system to promote compliance with red light signal directives as prescribed by this Article, and to adopt a civil enforcement system for red light signal violations. This Article shall be supplemental and in addition to any other applicable law and shall not supersede, infringe, curtail or impinge upon state laws related to red light signal violations or conflict with such laws. ~ 168-12. Use of Image Capture Technologies. The City shall utilize image capture technologies as a supplemental means of monitoring compliance with laws related to traffic control signals, while assisting law enforcement personnel in the enforcement of such laws, which are designed to protect and improve public health, safety and welfare. The City shall utilize image capture technologies as an ancillary deterrent to traffic control signal violations and to thereby reduce crashes and injuries associated with such violations. ~ 168-13. Definitions. The following words, terms and phrases when used herein shall have the meanings indicated, unless the context clearly indicates otherwise: (a) Authorized Emergency Vehicles mean ambulances and vehicles operated by the fire department or a law enforcement agency when responding to an emergency (b) Hearing Board means the Ocoee Police Infraction Hearing Board established pursuant to Section 168-8. (c) Intersection means the area embraced within the prolongation or connection of the lateral curb line; or if none, then the lateral boundary lines, of the roadways of two roads that join or intersect one another at, or approximately at, right angles; or the area within which vehicles traveling upon different roads joining at any other angle may come in conflict. ORLA_1141598.1 11/06/08 (d) Motor vehicle means any self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assisted mobility device or moped. (e) Notice of Infraction means a citation issued for a violation Section 168-17. (f) Owner/Vehicle Owner means the person or entity identified by the Florida Department of Motor Vehicles, or other state vehicle registration office, as the registered owner of a vehicle. Such term shall also mean a lessee of a motor vehicle pursuant to a lease of six months or more. (g) Recorded Images mean images recorded by a traffic control signal monitoring system/device that are: (1) on two or more photographs, two or more electronic images, digital or video movies, or any other medium that can display a Red Zone Infraction; and (2) showing the rear of a motor vehicle and, on at least one photograph or image, as applicable, clearly identifying the license plate number of the vehicle. (f) Red Zone Infraction means any violation of the requirements set forth in Section 168- 14 hereof. (g) Traffic Control Signal means a device exhibiting different colored lights or colored lighted arrows, successively, one at a time, or in combination, using only the colors green, yellow, and red, and which indicate and apply to drivers of motor vehicles as provided in Section 316.075, Florida Statues. (h) Traffic Control Signal Monitoring System/Device means an electronic system consisting of one or more vehicle sensors, working in conjunction with a traffic control signal, still cameras and video recording device, to capture and produce recorded images of motor vehicles entering an intersection against a steady red light signal indication. ~ 168-14. Adherence to Red Light Traffic Control Signals. Any motor vehicle facing or approaching a traffic control signal displaying a steady red light indication shall stop before entering the crosswalk on the near side ofthe intersection or, if none, then before entering the intersection and shall, except as provided below, remain standing until a green indication is shown on the traffic control signal. After a motor vehicle has stopped in accordance with the foregoing, such motor vehicle may make a right turn as permitted by law. ~ 168-15. Introductory period. Until such time as the City Commission adopts a resolution advising the City Manager to commence enforcement of this Article subsequent to the installation of traffic control signal monitoring system(s)/device(s), unless the driver of a motor vehicle received a citation from a Law Enforcement Officer at the time of a red zone infraction in accordance with normal traffic enforcement techniques, the owner shall receive a courtesy notice of the violation. Commencing 2 ORLA_1141598.1 11/06/08 on the date set forth in the resolution, the City Manager shall commence enforcement of this Article and owners shall be subject to enforcement as provided herein. ~ 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 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. ~ 168-17. Notice of Infraction. A notice of infraction issued pursuant to this Article shall include: (a) (b) (c) (d) (e) The name and address of the vehicle owner; The license plate number and registration number of the vehicle; The make, model, and year of the vehicle; Notice that the violation charged is pursuant to this Article; The location of the intersection where the red zone infraction occurred; (f) (g) The date and time of the red zone infraction; Notice that the recorded images relating to the vehicle and a statement that the recorded images are evidence of a red zone infraction; (h) (i) G) The civil penalty imposed; Images depicting violation; The procedures for payment of the civil penalty and contesting the notice of infraction; 3 ORLA_1141598.1 11/06/08 (k) A signed statement by a Traffic Control Infraction Officer that, based on inspection of recorded images, the vehicle involved has committed a red zone infraction; and (1) Information advising the person alleged to be liable under this Article of the manner and time in which liability as alleged in notice of infraction may be appealed and warning that failure to pay the civil penalty or to contest liability in a timely manner is an admission of liability. ~ 168-18. Vehicle Owner Responsibilities. A. A vehicle owner receiving a notice of infraction may, within twenty-one (21) days of the date of the notice of infraction: 1. Pay the assessed civil penalty pursuant to instructions on the notice of infraction; or 11. Request an appeal pursuant to the procedures set forth in the notice of infraction. B. The failure to comply with the provisions of this Article within twenty-one (21) days of the date of the notice of infraction shall constitute a waiver of the right to contest the notice of infraction and will be considered an admission of liability. ~ 168-19. A. Appeal to Hearing Board. The Hearing Board is authorized to consider appeals under this Article. B. Upon receipt of an appeal, the City shall schedule a hearing before the Hearing Board to occur not less than sixty (60) days after the City's receipt of the appeal request. The City shall provide notice of the hearing to the vehicle owner no less than ten (10) days prior to date of the hearing, and shall be delivered via certified 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. C. The following shall be permissible grounds for granting an appeal: i. At the time of the infraction, the vehicle was not under the care, custody, or control of the vehicle owner or an individual with the vehicle owner's consent, established pursuant to affidavit as provided in Section 168-20; ii. The vehicle driver was issued a citation by a law enforcement, which was separate and distinct from the citation issued under this Article, for violating the steady red traffic control signal; 111. The vehicle driver was required to violate the steady red traffic control signal in order to comply with other governing laws; 4 ORLA_1141598.1 11/06/08 iv. The vehicle driver was required to violate the steady red traffic control signal in order to reasonably protect the property or person of another; v. The steady red traffic control signal was inoperable or malfunctioning; or VI. Any other reason the Hearing Board deems appropriate. D. The applicable Traffic Control Infraction Review Officer(s) shall testify at the hearing. The vehicle owner, or his or her representative, may also present testimony and evidence. E. Recorded images indicating a red zone infraction, verified by the Traffic Control Review Officer, are admissible in any proceeding before the Hearing Board to enforce the provisions of this Article, and shall constitute prima facie evidence of the violation. F. Unless an affidavit is provided pursuant to Section 168-20, it is presumed the person registered as the vehicle owner with the Florida Department of Highway Safety and Motor Vehicles or any other state vehicle registration office, or an individual having the owner's consent, was operating the vehicle at the time of a red zone infraction. G. 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 owner. ~ 168-20. Vehicle Owner Affidavit of Non-responsibility. A. In order for the vehicle owner to establish that the vehicle was, at the time of the red zone infraction, in the care of, custody, or control of another person without the consent of the vehicle owner, the vehicle owner is required to complete an affidavit setting forth the circumstances demonstrating that the vehicle was not in the vehicle owner's care, custody or control, or that of a person with the vehicle owner's consent. The affidavit must be executed in the presence of a notary and include: i. If known to the vehicle owner, the name, address, and the driver license number of the person who leased, rented or otherwise had care, custody or control of the motor vehicle at the time of the alleged red zone infraction; or ii. If the vehicle was stolen, the police report indicating the vehicle was stolen at the time of the alleged red zone infraction. 111. The following language immediately above the signature line: "Under penalties of perjury, I declare that I have read the foregoing affidavit and that the facts stated in it are true." 5 ORLA_1141598.1 11/06/08 B. The vehicle owner may present an affidavit pursuant to this section as a defense in any proceeding before the Hearing Board. ~ 168-21. Penalties. A violation of this Article shall be deemed a non-criminal, non-moving violation for which a civil penalty in the amount of $125.00 shall be accessed. As the violation relates to this Article and not the State Statutes, no points, as provided in Section 322.27, Florida Statues, shall be recorded on the driving record of the vehicle owner or responsible party. ~ 168-22. Administrative Charges. In addition to any assessment imposed pursuant to Section 68-21, if the Hearing Board denies an appeal, the owner shall also responsible for payment of administrative charges in the amount of the City's actual costs ofthe appeal. ~ 168-23. Collection of Fines. The City Manager or his designee may establish procedures for the collection of a penalty imposed herein, and may enforce such penalty 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. ~ 168-24. Exceptions. This Article shall not apply to red zone infractions involving vehicle collisions or to any authorized emergency vehicle responding to a bona fide emergency; nor shall a notice of infraction be issued in any case where the operator of the vehicle was issued a citation for violating the state statute regarding the failure to stop at a red light indication. 6 ORLA_1141598.1