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05-17-2012 Minutes THE CITY OF OCOEE POLICE INFRACTION HEARING BOARD MEETING MAY 17, 2012 CALL TO ORDER Chairman Chinelly called the City of Ocoee Police Infraction Hearing Board meeting to order at 6:59 p.m. in the Commission Chambers of City Hall with the pledge of allegiance. The roll was called and a quorum declared. MEMBERS PRESENT: Chairman Chinelly, Members Amey, Ball, Laney and Zielinski (late arrival- 6:07 p.m.). ALSO PRESENT: Staff - Liaison Sgt. Wagner, CSA Michaelis, CSA Sulkowski, and Recording Clerk Turner. ABSENT: Vice -Chair Garland (excused) and Member Lopez- Anderson (unexcused). Chairman Chinelly welcomed everyone and explained the procedures for the hearing. He swore in the officers and the complainants who were present. PRESENTATION OF CASES 2012- 0001 -0036 Medina — Member Ball explained to the board that due to an even amount of board members, in the case of a tie, the ruling will go in favor of the appellant. CSA Michaelis presented her evidence as to why a citation was issued to Mr. Medina. Mr. Medina submitted an affidavit to contest the citation. CSA Michaelis explained that the citation was issued to Mr. Medina on March 28, 2012, because he was parked opposed to traffic in the residential neighborhood of Forestbrooke. CSA Michaelis read into the record: § 168 - Parking, stopping and standing prohibited. (15) Within a roadway other than parallel with the edge of the roadway, headed in the direction of the traffic and with the curbside wheels of the vehicle within 12 inches of the edge of the roadway, except upon a street which has been marked or a sign erected for angle parking, where all vehicles shall be parked at the angle to the curb indicated by such mark or sign. Member Amey asked CSA Michaelis if she received complaints from residents regarding cars parked opposed to traffic. CSA Michaelis explained that she has received complaints from residents, but not from Mr. Medina's neighbors. Mr. Medina stated there are no signs in his neighborhood stating which direction vehicles should be parked. He continued to say he parks opposed to traffic due to medical impairments. Mr. Medina showed the board a letter from a doctor's office attesting to his medical impairments, and a handicap placard. He continued to say he parks this way, because it allows a simpler exit from his vehicle. Member Amey asked Mr. Medina if he parks in his driveway. Mr. Medina stated on occasion he does; however, he mostly parks on the street to allow his daughter to park in the driveway. Chairman Chinelly asked if by exiting his vehicle by the grass, it is easier than exiting on the pavement as he would Page 1 of 4 if the vehicle was parked in accordance with traffic. Mr. Medina explained his exit strategy as a way to lessen the aggravation on his injured back. He continued to say the road is on an angle, and he is assisted by gravity when exiting his vehicle. Mr. Medina stated that since receiving his citation, he has asked his daughter to park on the other side of the driveway so that he too may park in the driveway. Chairman Chinelly explained that the Police Infraction Hearing Board is an Administrative Board comprised of volunteer members charged to determine whether an infraction has been committed based on information provided by the officer and appellant. Member Laney stated this is an exceptional case due to Mr. Medina's medical circumstances, and that he was unaware of the parking regulations. Chairman Chinelly asked Member Zielinski to refrain from voting due to his late arrival, and not having heard the case in its entirety. He continued to say that this case deals with a violation of a City ordinance, and the board does not have jurisdiction to acclaim exceptions to the ordinance, but can take in account the particulars of the case. Member Laney stated that board may use discretion when considering circumstances of cases, as indicated by the City's attorney. Staff- Liaison Sgt. Wagner stated that the board is charged with determining if an infraction occurred by applying the City Code. Chairman Chinelly stated his point is the board does not have the authority to overrule the ordinance or to literally cite an exemption. Member Ball asked if the board could consider mitigating circumstances, and Chairman Chinelly stated they can. Member Laney made a motion to grant Mr. Medina's appeal, seconded by Chairman Chinelly. Motion passed, 3 -1, with Member Ball opposing. 2012 - 0001 -1650 Brown —CSA Sulkowski presented his evidence as to why a citation was issued to Ms. Brown. Ms. Brown submitted an affidavit to contest the citation. CSA Sulkowski explained to the board that the citation was issued to Ms. Brown on April 11, 2012, because she was parked in front of a fire hydrant in the residential neighborhood of Prairie Lake. He continued to say this is a violation of City Code 168 -4, subparagraph 5, parking within 15 feet of a fire hydrant. Board discussion ensued on the distance from the fire hydrant to the sidewalk, and Ms. Brown's driveway. Member Laney asked if municipalities paint curbs yellow to designate a "no parking" zone. CSA Sulkowski stated the city of Ocoee does not. Ms. Brown stated on the date she received the citation, she had only momentarily parked by the fire hydrant so she could go inside of her home to ask her daughter to move her vehicle from the driveway so that she could pull in. She continued to say that within that time, CSA Sulkowski issued her the citation. She explained to the board that she has been residing in Prairie Lake for twelve (12) years, and had she known that by parking in front of a fire hydrant would cause issues, she would have chosen a different lot to build her home. Member Amey asked if she saw the officer issuing the citation, and Ms. Brown stated she did not. Discussion ensued on the length of time it takes to issue a citation. Member Amey asked Ms. Brown if she knew that she was violating a City ordinance by parking in front of the fire hydrant, and Ms. Brown explained that she did know, but did not want to park by the mail box in case the mail carrier came to deliver the mail. Member Laney asked if she had just parked by the fire hydrant long enough to get her daughter to move her car, and Ms. Brown confirmed. Member Zielinski stated that it is better to park in front of a mail box than a fire hydrant. Chairman Chinelly stated that the board is charged with deciding whether an infraction has or has not occurred, and parking in front of a fire hydrant, even temporarily, should not happen. Member Ball made a motion to deny Ms. Brown's appeal, seconded by Member Zielinski. Motion passed, 4 -1, with Member Laney opposing. Page 2 of 4 Ms. Brown asked if warning citations are issued for these types of parking infractions, and CSA Sulkowski stated that because of the safety factor, there are no warning citations. Staff - Liaison Sgt. Wagner explained to Ms. Brown that Florida State Statute states "you shall not park, stop, or stand on a roadway with the exception of dropping off or picking up a passenger at that location." Staff - Liaison Sgt. Wagner asked Chairman Chinelly if a determination on administrative fees has been made. Board discussion ensued regarding waiving administrative fees. Member Laney made a motion to waive the administrative fees, seconded by Member Amev. Motion passed unanimously. ADJOURNMENT Meeting adjourned at 7:43 p.m.; board resumes for new business. REGULAR AGENDA A. Approval of Minutes for November 17, 2011 Member Laney made a motion to approve the minutes for November 17, 2011, seconded by Member Amey. Motion passed unanimously. B. Review of Golf Cart Ordinance Staff — Liaison Sgt. Wagner provided a brief overview of the Ocoee Golf Cart Ordinance, 153- 17. He informed the board that: • The ordinance is empowered by Florida State Statute 316.212. • In order to operate a golf cart from sunrise to sunset, golf carts are required to have efficient brakes, reliable steering, safe tires, a rearview mirror, and reflective warning devices in both the front and rear. • To operate a golf cart from sunset to sunrise, golf carts are required to have headlights, brake lights, turn signals and a windshield. • The fine for the violation is $100.00. • Signage will be posted in golf cart approved areas. • If unlicensed, must be at least 16 years of age to operate a golf cart. Additionally, golf carts: • Are permitted on streets designated by the city of Ocoee as golf cart approved communities. • Are not approved on roadways with speed limits greater than 25 miles per hour. • Are motor vehicles designed for operation on a golf course. • Cannot go over 20 miles per hour. • Can be gas powered. • Cannot be on state highways or cross state highways. • Can operate on roadways between golf cart communities that are adjacent as long as roadways are between 25 -35 miles per hour. • Can cross intersections with a speed limit between 25 -35 miles per hour, only if there is a four- way stop sign or controlled by a traffic signal. Page 3 of 4 Member Laney asked if golf carts can be operated on sidewalks, and Staff - Liaison Sgt. Wagner stated they cannot. He continued to say the board may not hear many appeals regarding this ordinance as most violations will be covered under Florida State Statute 316.212; however, exceptional circumstances may include speeding violations, and if the golf cart is missing necessary equipment as described in the ordinance. He informed the board that several city of Ocoee communities have been approved for golf carts, and the speed limit on Bluford Avenue will be changed as it has been approved for golf carts. Board discussion ensued regarding different types of golf carts, and local golf cart approved communities. Staff - Liaison Sgt. Wagner stated that drivers must continue to use caution, especially with golf carts sharing the roadway. Member Ball informed the board that the last statement of the ordinance gives the hearing board the discretion to set the administrative charges. Chairman Chinelly added that the administrative charge is not defined, and asked if it is the value of the officer's time. Staff - Liaison Sgt. Wagner stated he will discuss the question with Lt. Dreasher, and report his findings. Chairman Chinelly asked if there are holiday or event restrictions for golf carts, and Staff - Liaison Sgt. Wagner stated that there are no blackout dates. Board discussion ensued regarding the safety of golf carts in communities and on roadways. Member Laney asked if the City owns golf carts. Staff Liaison Sgt. Wagner explained that the City has utility carts called "Gators ", and they are exempt. BOARD OR OFFICERS COMMENTS OR QUESTIONS Member Amey asked about the status of the City's Noise Ordinance, and Staff - Liaison Sgt. Wagner stated that a recent Florida Supreme Court ruling deemed the statute unconstitutional, and citations are not being issued to moving vehicles. He continued to say that the last meeting brought to light deficiencies in the City's ordinance, and officers can enforce the Noise Ordinance, but not for vehicles driving on the roadway. Staff Liaison Sgt. Wagner stated attorney John Hamilton suggested not issuing citations to moving vehicles until the issue with the state statute and the City's ordinance is resolved. Chairman Chinelly asked if the ruling has caused a change in previous dispositions, and Staff Liaison Sgt. Wagner stated that has not. Member Amey asked if the ordinance was completely done away with and Staff - Liaison Wagner stated that there are parts of the ordinance that remain valid and are being enforced. Member Amey asked about a recently passed law that disallows the showing of underpants. Member Laney stated Gary Siplin sponsored that legislation. Staff Liaison Sgt. Wagner stated that the police department has not received any direction from the City's legal department. He continued to explain that it is considered a state statute violation and cases would not be reviewed by the board. ADJOURNMENT Meeting adjourned at 8:09 p.m. Respectfully submitted, On'■.QA fr©aa ,Atee Diana Turner, Recording Secretary hatrman Dwid c i I , /}c, „ e►�,:rnu.� Contact the City Clerk's Office to listen to an electronic copy of these minutes. Page 4 of 4