2009-05ORDINANCE N0.2009-OS
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING ARTICLE III "DANGEROUS
INTERSECTION SAFETY" OF CHAPTER 48 "VEHICLES,
USE OF RIGHT OF WAY, PARKING, OTHER
REGULATIONS" BY AMENDING SECTION 48-27
"DEFINITIONS" AND SECTION 48-28 "ADHERENCE TO
RED LIGHT TRAFFIC CONTROL SIGNALS" AND
SECTION 48-32 "NOTICE OF VIOLATION" OF THE CITY
CODE OF THE CITY OF AVENTURA, IN ORDER TO
INCREASE THE SCOPE OF THE TRAFFIC CONTROL
SIGNAL VIOLATIONS THAT MAY BE CAPTURED BY A
TRAFFIC CONTROL SIGNAL MONITORING DEVICE
AND TO CLARIFY ENFORCEMENT PROCEDURES ;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the failure of motorists to come to a complete stop at a traffic
control signal emitting a flashing red light or an inoperable or malfunctioning traffic
control signal creates a significant safety hazard; and
WHEREAS, the City wishes to reduce the number of motorists that fail to
come to a complete stop when facing a traffic control signal emitting a flashing red
light or an inoperable or malfunctioning traffic control signal; and
WHEREAS, the existing traffic control signal monitoring devices utilized by
the City are capable of capturing these violations.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY
COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: ~
Section 1. Recitals Adopted. That the recitals set forth above are hereby
adopted and confirmed.
' Additions to existing city code text are shown by underline; deletions from existing
city code text are shown by s~l~~.
Section 2. City Code Amended That Section 48-27 "Definitions" of
Article III "Dangerous Intersection Safety" of Chapter 48 "Vehicles, use of right of
way, parking, other regulations" is hereby amended to read as follows:
Sec. 48-27 Definitions.
The following definitions shall apply to this article:
INTERSECTION. 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 which 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.
MOTOR VEHICLE. Any self-propelled vehicle not operated upon rails or guide
way, but not including any bicycle or electric personal assisted mobility device.
OWNER/VEHICLE OWNER. 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.
RECORDED IMAGES. Images recorded by a traffic control signal monitoring
system/device:
(1) On:
(a) Two or more photographs;
(b) Two or more electronic images;
(c) Two or more digital images;
(d) Digital or video movies; or
(e) Any other medium that can display a violation; and
(2) Showing the rear of a motor vehicle and on at least one image, clearly
identifying the license plate number of the vehicle.
RED ZONE INFRACTION. A traffic offense whereby a traffic control signal
monitoring system established that a vehicle entered an intersection controlled by a
duly erected traffic control device at a time when the traffic control signal for such
vehicle's direction of travel was emitting a steady red signal.- or whereby a traffic
control signal monitoring system established that a vehicle did not come to a complete
stop before allowing any part of the vehicle to enter into the intersection intersection
line or crosswalk line, as applicable at a time when the traffic control signal for such
vehicle's direction of travel was emitting a flashing red light or was inoperative or
malfunctioning.
SPECIAL MASTER. The City's Code Enforcement Special Master, as described in
Chapter 2 , Article V of the City Code.
TRAFFIC CONTROL INFRACTION REVIEW OFFICER. The City police
department employee designated, pursuant to Sec. 48-31(B) herein, to review recorded
images and issue red zone infractions based upon those images.
TRAFFIC CONTROL SIGNAL. 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 which indicate and apply to drivers of motor vehicles as
provided in F.S. § 316.075.
TRAFFIC CONTROL SIGNAL MONITORING SYSTEM/DEVICE . An
electronic system consisting of one or more vehicle sensors, working in conjunction
with a traffic control signal, still camera and video recording device, to capture and
produce recorded images of motor vehicles entering an intersection against a steady red
light signal indication.
Section 3. City Code Amended. That Section 48-28 "Adherence to red light traffic
control signals" of Article III "Dangerous Intersection Safety" of Chapter 48 "Vehicles,
use of right of way, parking, other regulations" is hereby amended to read as follows:
Sec. 48-28. Adherence to lied-4?igh~t Traffic Control Signals.
Motor vehicle traffic facing a traffic control signal's steady red light
indication shall stop before entering the crosswalk on the near side
of an intersection or, if none, then before entering the intersection
and shall remain standing until a green indication is shown on the
traffic control signal; however, the driver of a vehicle which is
stopped at a clearly marked stop line, but if none, before entering
the crosswalk on the near side of the intersection or, if none, then at
the point nearest the intersecting roadway where the driver has a
view of approaching traffic on the intersecting roadway before
entering the intersection in obedience of a steady red traffic control
signal, may make a right turn (unless such turn is otherwise
prohibited by posted sign or other traffic control device) but shall
yield right-of--way to pedestrians and other traffic proceeding as
directed by the traffic control signal at the intersection.
Motor vehicle traffic facing a traffic control signal that is
malfunctioning, inoperable or is emitting a flashin red li ht shall
stop at a clearly marked stop line but if none before entering the
crosswalk on the near side of the intersection, or if none then at the
point nearest to the intersecting roadway where the driver has a
view of approaching traffic on the intersecting roadway before
entering the intersection, and the right to proceed shall be subject to
the rules applicable after making a stop at a std sign In the event
that only some of the traffic control signals within an intersection
are malfunctionin ,inoperative or emitting a flashing red li h~ t the
driver of the vehicle approaching the malfunctioning inoperative
or flashing red traffic control signal shall stop in the above
prescribed manner.
Section 3. City Code Amended. That Section 48-32 "Notice of Violation"
of Article III "Dangerous Intersection Safety" of Chapter 48 "Vehicles, use of right of
way, parking, other regulations" is hereby amended to read as follows:
Sec. 48-32. Notice of violation.
The notice of a red zone infraction shall be served via regular mail and shall be in the
form as provided for in section 2-340 of the City Code, as applicable, but shall also
include:
(1) The name and address of the vehicle owner;
(2) The license plate number and registration number of the vehicle;
(3) The make, model, and year of the vehicle;
(4) Notice that the infraction charged is pursuant to this article;
(5) The location of the intersection where the infraction occurred;
(6) Notice that there are recorded images relating to the vehicle and a statement that
the recorded images are evidence of a red zone infraction;
(7) Images depicting the infraction;
(8) A signed statement by the Traffic Control Infraction Review Officer that, based on
inspection of recorded images, the vehicle was involved in and was utilized to commit a
red zone infraction.
Section 4. Severability. That 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. That 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 Aventura; that the sections of this Ordinance
may be renumbered or relettered to accomplish such intentions; and that the word
"Ordinance" shall be changed to "Section" or other appropriate word.
Section 6. Effective Date. That this Ordinance shall be effective
immediately upon adoption on second reading.
The foregoing Ordinance was offered by Vice Mayor Joel, who moved its
adoption on first reading. This motion was seconded by Commissioner Auerbach, and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Teri Holzberg yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Billy Joel yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Commissioner Weinberg, who moved
its adoption on second reading. This motion was seconded by Commissioner
Auerbach, and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond absent
Commissioner Teri Holzberg yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Billy Joel yes
Mayor Susan Gottlieb yes
PASSED AND ADOPTED on first reading this 3 day of February , 2009.
PASSED AND ADOPTED on second reading is ~3 d/ay o arch , 2009.
Gx/
san Gottlieb, Mayor
ATTi~ST:
SA M. SOI~'O~, PiIMC
CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
~/ / r 1.
CITY ATTORNEY