2010-008 Traffic Infraction Detectors - Mark Wandall Traffic Safety ActRESOLUTION NO. 2010-008
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
AUTHORIZING THE USE OF TRAFFIC INFRACTION
DETECTORS WITHIN THE CITY'S JURISDICTIONAL
LIMITS TO ENFORCE THE STATE OF FLORIDA
UNIFORM TRAFFIC CODE; IMPLEMENTING THE MARK
WANDALL TRAFFIC SAFETY ACT EFFECTIVE JULY 1,
2010; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City has in place a traffic infraction detector program pursuant
to the provisions of Article III of Chapter 168 of the Ocoee City Code, said Article being
referred to as the "Traffic Light Safety Article"; and
WHEREAS, the City has been actively enforcing the "Traffic Light Safety
Article"; and
WHEREAS, the Florida Legislature has adopted the "Mark Wandall Traffic
Safety Act" , Chapter 2010-80, Laws of Florida, which becomes effective July 1, 2010; and
WHEREAS, pursuant to the "Mark Wandall Traffic Safety Act",anew Section
316.0076, Florida Statutes (2010) was adopted which expressly preempts to the state the
regulation of the use of cameras for enforcing the provisions of Chapter 316, Florida Statutes;
and
WHEREAS, the City Commission of the City of Ocoee desires to utilize the
provisions of the "Mark Wandall Traffic Safety Act", Chapter 2010-80, Laws of Florida,
commencing on July 1, 2010.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
ORLA_1562732.1
SECTION 1. Authority. The City Commission of the City of Ocoee has
the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of
Florida and Chapters 166 and 316, Florida Statutes.
SECTION 2. Purpose. The purpose of this Resolution is to specifically
authorize the use of traffic infraction detectors, as permitted by general law, within the City's
jurisdictional limits.
SECTION 3. Implementation of Mark Wandall Traffic Safety Act.
A. The City Commission hereby exercises its option under Sections 316.008
and 316.0083, Florida Statutes (2010) to use traffic infraction detectors within its jurisdiction to
enforce the State of Florida Uniform Traffic Code, effective July 1, 2010.
B. Pursuant to Section 316.0083(1), Florida Statutes (2010), the City
Commission hereby authorizes its traffic infraction enforcement officers to issue traffic citations
for violations of the "M~rk Wandall Traffic Safety Act", Chapter 2010-80, Laws of Florida,
including but not limited to violations of Sections 316.074(1) and 316.075(1)(c)1,F1orida
Statutes (2010), effective July 1, 2010.
C. In that the City currently has in place a traffic infraction detector program
pursuant to the provisions of Article III of Chapter 168 of the Ocoee City Code, the City
Commission hereby determines no specific public announcement or public awareness campaign
regarding the proposed use of traffic infraction detectors is required.
D. The City Manager and Chief of Police are hereby authorized to take such
further actions as they may deem necessary or desirable in order to implement and enforce the
"Mark Wandall Traffic Safety Act", Chapter 2010-80, Laws of Florida.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Resolution 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 5. Effective Date. This Resolution shall become effective
immediately upon passage and adoption.
ORLA_1562732.1 _2
PASSED AND ADOPTED this ~ day of June, 2010.
ATTEST:
Be ikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO.~_
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this ~ day of June, 2010.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_1562732.1 _3 _