2013-009 Traffic Light Safety - Providing for Local Hearing OfficersORDINANCE NO. 2013 -009
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
DELETING OBSOLETE PROVISIONS AND AMENDING
THE CITY CODE BY AMENDING CHAPTER 168,
ARTICLE III, TRAFFIC LIGHT SAFETY TO IMPLEMENT
THE PROVISIONS OF 2013 -160, LAWS OF FLORIDA;
PROVIDING FOR LOCAL HEARING OFFICERS
CONSISTENT WITH GENERAL LAW; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature passed CS /CS /HB7125 during the 2013
Legislative Session authorizing local hearings for notices of violations connected with
the use of red light cameras as traffic infraction detectors to enforce Chapter 316, the
State of Florida Uniform Traffic Code; and
WHEREAS, the Governor of the State of Florida signed CS /CS /HB 7125 into law
on June 12, 2013 resulting in the Chapter 2013 -160 Laws of Florida, taking effect on
July 1, 2013; and
WHEREAS, the use of a local hearing officer allows citizens of the City of Ocoee
to have a process for contesting notices of violation issued related to red light violations
separate from the traffic court process; and
WHEREAS, the City Commission wishes to utilize a local hearing officer as
defined by the Florida Statutes to implement the local hearing process; and
WHEREAS, the City wishes to remove obsolete provisions and amend its Code
of Ordinances to implement Chapter 2013 -160 Laws of Florida.
NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA:
SECTION 1: Recitals Adopted. The above recitals are true and correct and are
incorporated herein by this reference.
SECTION 2: Deletion of Obsolete Provisions Sections 14 -24 of Chapter
168, Article III, of the City Code of the City of Ocoee are hereby
deleted.
SECTION 3: Updated Intersection Safety Provisions Sections 11 -13 of
Chapter 168, Article III, of the City Code of Ocoee are hereby
amended as follows:
§ 168 -11. - Intent.
The purpose of this article is to specifically authorize the use of traffic infraction
detectors, as permitted by general law as of the effective date of this ordinance
or July 1, 2013, whichever occurs later, within the City's jurisdictional limits.
§ 168 -12. - . Use of traffic infraction detectors
The Citv exercises its option under F.S. & 316.0083 as of the effective date of
this ordinance or July 1, 2013, whichever occurs later, to use traffic infraction
detectors within its jurisdiction to enforce F.S. � 316.074(1) or & 316.075 (1)(C)
as may be amended from time to time, when a driver fails to stop at a traffic
signal on streets and highways in the City's jurisdiction. The City may utilize
traffic infraction detectors as a supplemental means of monitoring and assjsting
law enforcement personnel in the enforcement of compliance with laws related to
traffic control signals as permitted and provided for by state law, which are
designed to protect and improve the public health, safety, and welfare of the
communitv and therebv reduce accidents. iniuries and disruption of traffic
associated with such violations.
168 -13. - Definitions. Implementation of General Law and Designation
of Local Hearina Officer.
The following words , +arms and phrases when used heroin shall have the
meaninns indinated unless the nnntevt nlearly indinates etherwise-
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The Citv exercises its option under F.S. & 316.0083 as of the effective date of
this ordinance or July 1, 2013, whichever occurs later, to use traffic infraction
detectors within its jurisdiction to enforce F.S. � 316.074(1) or & 316.075 (1)(C)
as may be amended from time to time, when a driver fails to stop at a traffic
signal on streets and highways in the City's jurisdiction. The City may utilize
traffic infraction detectors as a supplemental means of monitoring and assjsting
law enforcement personnel in the enforcement of compliance with laws related to
traffic control signals as permitted and provided for by state law, which are
designed to protect and improve the public health, safety, and welfare of the
communitv and therebv reduce accidents. iniuries and disruption of traffic
associated with such violations.
168 -13. - Definitions. Implementation of General Law and Designation
of Local Hearina Officer.
The following words , +arms and phrases when used heroin shall have the
meaninns indinated unless the nnntevt nlearly indinates etherwise-
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In accordance with the provisions of the Mark Wandall Traffic Safety Act as of the
effective date of this ordinance or July 1, 2013, whichever occurs later, the City
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In accordance with the provisions of the Mark Wandall Traffic Safety Act as of the
effective date of this ordinance or July 1, 2013, whichever occurs later, the City
hereby adopts and implements the provisions and requirements of Chapters
2010 -80 & 2013- , Laws of Florida, as may be amended from time to time.
Effective July 1. 2013. the City shall utilize a Local Hearing Officer, as defined by
Chapter 2013- . Laws of Florida, in accordance with the provisions of the
Mark Wandall Traffic Safety Act.
SECTION 4 : Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause, or phrase of this
Ordinance shall for any reason be held to be invalid or
unconstitutional such decision shall not affect the validity of the
remaining sections, sentences, clauses and phrases of this
Ordinance, but they shall remain in effect it being the legislative
intent that this Ordinance shall stand notwithstanding the invalidity
of any part.
SECTION 5: Inclusion in the Code. It is the intention of the City Commission
and it is hereby ordained that the provisions of this Ordinance shall
become and be made a part of the Code of the City of Ocoee that
the sections of this Ordinance may be renumbered to accomplish
such intentions, and that the word Ordinance shall be changed to
Section or other appropriate word.
SECTION 6: Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
PASSED AND ADOPTED this V day of , 2013.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
� ! _ N-4 1 1
� V
S. Scott ® ® ® Vandergrift, Mayo
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this M day of R"� , 2013.
SHUFFIELD, LOWMAN & WIL SON
c
ADVERTISED �U�nP C j , 2013
READ FIRST TIME IN kl*- 9 2013
RE � C01 T TIME AND ADOPTED
2013
UNDER AGENDA ITEM NO. q
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