Ordinance 2010-008 Mark Wandall Traffic Safety Act
ORDINANCE NO. 2010-008
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 WANDALL
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'~ "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, 20 I 0 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
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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 bv recorded images on or after 12:00 a.m. on Julv L 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. Emerl!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.
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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, FLOIDD)
$~~3
S. Scott Vandergrift, Mayor
~~~~
e ikenberry, City Cler
(SEAL)
READ FIRST TIME AND ADOPTED
June 15,2010 UNDER AGENDA
ITEM NO. Emerl!encv Item
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FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this 15th day of June, 2010.
FOMNERLU
By: 5' /k;ItI
City Attorney
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