2010-06ORDINANCE N0.2010-06
AN ORDINANCE OF THE CITY OF AVENTURA FLORIDA AMENDING
THE CITY CODE BY AMENDING ARTICLE III "DANGEROUS
INTERSECTION SAFETY" OF CHAPTER 48 "VEHICLES, USE OF
RIGHT OF WAY, PARHING AND OTHER REGULATIONS";
PROVIDING FOR RECORDED IMAGE MONITORING AND
ENFORCEMENT OF RED LIGHT TRAFFIC CONTROL SIGNALS
CONSISTENT WITH GENERAL LAW AS PROVIDED BY CHAPTER
2010-80, LAWS OF FLORIDA (2010); PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR
SAVINGS, RATIFICATION AND RESERVATION OF RIGHTS;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Florida Legislature passed CS/CS/HB325 during the 2010 Legislative
Session authorizing the use of traffic infraction detectors to enforce certain provisions of Chapter
316 of the Florida Statutes; and
WHEREAS, the Governor of the State of Florida signed CS/CS/HB325 into law on May
13, 2010, resulting in the creation of Chapter 2010-80, Laws of Florida (2010) (the "Mark
Wandall Traffic Safety Act" or the "Act") taking effect on July 1, 2010; and
WHEREAS, the running of red lights continues to be a safety hazard affecting every
citizen and traveler in the City of Aventura; and
WHEREAS, the City wishes to further reduce the running of red lights by amending its
Code of Ordinances to implement the Act; and
WHEREAS, the City Commission finds that the provisions of Article III "Dangerous
Intersection Safety" of Chapter 48 of the City Code, which were previously authorized by the
City's Home Rule authority and by Sec. 316.08 (1)(w), Florida Statutes, will be as of July 1,
2010, preempted to the State as provided by Section 3 of the Act; and
WHEREAS, the City Commission desires to amend Article III of Chapter 48 of the City
Code so as to conform with and implement the Act.
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.
Section 2. Dangerous Intersection Safety. That Article III "Dangerous Intersection
Safety" of Chapter 48 "Vehicles, Use of Right of Way, Parking and Other Regulations" of the
City Code of the City of Aventura is hereby amended to read as follows, with text stricken-
Ordinance No. 2010-06
Page Number 2
through deleted from the Code of Ordinances and text in bold and underline added to the Code of
Ordinances:
Sec. 48-25. Intent.
The purpose of this article is to authorize the use of
~ traffic infraction detectors to promote compliance with red light signal
directives ^° „r~~^~~'~°a '~~~ +'~~° °~*~^'°, and to adopt a civil enforcement system for red
light signal violations, all in accord with general law, including Chapter 2010-80,
Laws of Florida (2010) (the "Mark Wandall Traffic Safety Act" or the "Act"). This
article will also supplement law enforcement personnel in the enforcement of red light
signal violations and shall not prohibit law enforcement officers from issuing a citation
for a red light signal violation in accordance with other routine statutory traffic
enforcement techniques.
Sec. 48-26. Use of Image Capture Technologies
The city shall utilize i~g~~t~t~e-~es~~giestraffic infraction detectors as--a
pursuant to general law as a means of monitoring compliance with laws
related to traffic control signals, while assisting law enforcement personnel in the
enforcement of such laws, which are designed to protect and improve public health,
safety and welfare. This section shall not supersede, infringe, curtail or impinge upon
state or county laws related to red light signal violations or conflict with such laws.
Nothing herein shall conflict with the primary jurisdiction of Miami-Dade County to
install and maintain traffic signal devices. This article shall serve to enable the City to
provide enhanced enforcement and respect for authorized traffic signal devices pursuant
to Florida Statutes, Sections 316.008 and 316.0083 (2010). The city may utilize image
traffic infraction detectors as an ancillary deterrent to traffic
control signal violations and to thereby reduce accidents and injuries associated with such
violations.
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Sec. 48-27. Definitions
The following definitions shall apply to this article:
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Page Number 3
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.
er-mere-
Recorded images. Images recorded by a
Traffic infraction detector which is operated in accordance with the Act.
~~
linen~e nl.~4e n~ imher of 4he vehicle
Red zone infraction. A traffic offense whereby a
Traffic infraction detector indicates a violation of Section 48-28. es~~~~,~ea }tea
Traffic ~-Infraction Enforcement Officer. The City Police Department
employee designated, pursuant to subsection 48-31(b) herein, to review recorded images
and issue red zone infractions based upon those images.
Traffic infraction detector. A vehicle sensor(s) installed to work in conjunction with
a traffic control signal and a camera or cameras synchronized to automatically
record two or more sequenced photographic or electronic images or streaming video
Ordinance No. 2010-06
Page Number 4
of only the rear of a motor vehicle at the time the vehicle fails to stop behind the stop
bar or clearly marked stop line when facing a traffic control signal steady red light.
Sec. 48-28. Adherence to Red Light Traffic Control Signals.
(a) Pursuant to general law, ~14motor 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 approaching stepped--at a clearly marked stop line, but if none, is
approaching ~°~ ~° °„+°~-~^° the crosswalk on the near side of the intersection or, if
none, then is approaching 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 in a
careful and prudent manner (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.
(b) Pursuant to general law,l~4motor vehicle traffic facing a traffic control signal that is
malfunctioning, inoperable or is emitting a flashing red light 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 stop sign. In the event that only some of the traffic control signals within an
intersection are malfunctioning, inoperative or emitting a flashing red light the driver of
the vehicle approaching the malfunctioning, inoperative or flashing red traffic control
signal shall stop in the above prescribed manner.
Sec.48-29. Violation.
A violation of this article, known as a red zone infraction, shall occur when a motor
vehicle does not comply with the requirements of section 48-28. Violations shall be
enforced pursuant to °°~+~°~ ^ Q ~' F.S. ~ 316.0083.
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Ordinance No. 2010-06
Page Number 5
Sec. 48-30. Implementation of General Law.
Within the City, the City Manager is authorized to implement the provisions and
requirements of Chapter 2010- 80, Laws of Florida (2010), as may be amended from
time to time, and may take any action which is necessary for such purpose.
Sec. 48-31. Review of recorded images.
(a) The owner of the vehicle which is observed by recorded images committing a red
zone infraction, shall be issued a notice of violation (hereinafter also known as a "notice")
no later than thirty (30) days after the red zone infraction occurs. The recorded
image shall be sufficient grounds to issue a notice.
(b) The City's Chief of Police shall designate one or more ~Traffic~~el Infraction
Enforcement~iew Officers, who shall be ~-Police Officers of the City e~and who
shall meet the qualifications set forth in F.S. § 316.640(5)(A), or any other relevant
statute. The Traffic-Ee~rsl Infraction Enforcement~ie~ Officer shall review
recorded images prior to the issuance of a notice to ensure the accuracy and integrity of
the recorded images. Once the Traffic ~-Infraction Enforcementli~ Officer
has verified the accuracy of the recorded images, he or she shall complete a report, and a
notice shall be sent to the vehicle owner at the address on record with the Florida
Department of Highway Safety and Motor Vehicles or the address on record with the
appropriate agency having such information in another state.
(c) If a vehicle owner receiving a notice fails to pay the penalty imposed by F.S.
316 0083 or to provide an affidavit that complies with the provisions of F.S.
316 0083 within thirty (30) days of the date the notice is issued, then a Uniform
Traffic Citation shall be issued to the vehicle owner as provided by general law. The
Uniform Traffic Citation shall be issued no later than sixty (60) days after the red
zone infraction occurs.
Ordinance No. 2010-06
Page Number 6
Sec. 48-32. Notice of violation.
The notice of a red zone infraction shall be served via ~ first class mail,
vc-zrri~ic-form-aa-pre~zac'a--fvrnrsccciei~-~-~~4-vz~--+cl~-~6•~°, •, ••1:,.1,1°~ 1~„~+ and
shall-apse 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 date and time of the infraction;
(~6) The location of the intersection where the infraction occurred;
(~~)
+~ a a ' ° ~~a^r°° ^~ ~ r°a ' ~~-~°*~^~•A statement that the owner
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has the right to review the recorded images that constitute a rebuttable presumption
against the owner, together with a statement of the time and place or Internet
location where the evidence may be observed;
(~8) Images depicting the infraction;
(9) Instructions on all methods of payment of the penalty;
(10) A statement specifying the remedies available under F.S. ~ 318.14;
(11) A statement that the owner must pay a penalty of $158 to the City or provide
an affidavit that complies with F S & 316.0083 within thirty (30) days of the date the
notice is issued in order to avoid court fees, costs, and the issuance of a Uniform
Traffic Citation;
($-12) A signed statement by the Traffic Ee~e~Infraction Enforcementl~e~iew
Officer that, based on inspection of recorded images, the vehicle was involved in and was
utilized to commit a red zone infraction.
Sec.48-41. Signage.
Ordinance No. 2010-06
Page Number 7
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When the Citv installs a traffic infraction detector at an intersection, it shall erect
signa~e at the intersection sufficient to notify the public that a traffic infraction
detector may be in use at the intersection and shall include specific notification of
intersection safety camera enforcement of violations concerning right turns. Such
si~nage shall meet the specifications for uniform signals and devices adopted by the
Department of Transportation pursuant to F.S. & 316.0745.
Section 3. Repeal. That Sections 48-33 through and including 48-40 of Article III of
Chapter 48 of the City Code, as created by Ordinance 2007-15, as amended, a copy of which
repealed sections are set forth in Exhibit "A" attached hereto and incorporated herein for
convenience of reference, are hereby repealed.
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. Savings, Ratification and Reservation of Rights.
A. That, in accordance with paragraph (C) below of this Section 6, all fines,
penalties, fees and costs imposed pursuant to the provisions of Article III of Chapter 48 of the
City Code, which provisions existed immediately prior to July 1, 2010, are hereby authorized,
approved, ratified and confirmed, and shall continue to be due and owing until paid to City.
B. That the Special Master operating pursuant to Article V of Chapter 2 of the City
Code, shall continue to have jurisdiction over any violations for which a hearing has been timely
Ordinance No. 2010-06
Page Number 8
requested by the violator pursuant to the provisions of Article III of Chapter 48 of the City Code
which existed immediately prior to July 1, 2010.
C. That notwithstanding any other provision of this Ordinance above, the provisions
of the Article III of Chapter 48 of the City Code, which existed immediately prior to July 1,
2010, shall remain in full force and effect solely to the extent necessary to effectuate paragraphs
(A) and (B) above of this Section 6, but shall not be applicable to any violation that occurred
from and after July 1, 2010.
D. That City hereby preserves and reserves each and every right, power, authority,
benefit and exemption bestowed upon City and City's Dangerous Intersection Safety Program
(the "Program") pursuant to CS/HB 325 as enacted by Chapter 2010-80, Laws of Florida (2010),
including but not limited to any right, power, authority, benefit and/or exemption vested in City
or City's Program as having been established prior to July 1, 2010 or before other deadlines
established by the Act..
Section 7. Effective Date. That following adoption of this Ordinance on second
reading, this Ordinance shall be in full force and effect from and after July 1, 2010.
The foregoing Ordinance was offered by Commissioner Diamond 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 Billy Joel absent
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Michael Stern yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Commissioner Diamond who moved its adoption on second reading. This
motion was seconded by Commissioner Joel 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 Billy Joel yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Michael Stern yes
Mayor Susan Gottlieb yes
PASSED AND ADOPTED on first reading this 1st day of June, 2010.
PASSED AND ADOPTED on second reading this 17th day of June, 2010.
Ordinance No. 2010- a b
Page Number 9
PASSED AND ADOPTED on second reading his 17th day of Jinx e, 2010.
MA
APPROVED AS TO LEGAL SUFFICIENCY:
d' ' ' ~ ^
CITY ATTORNEY
EXHIBIT "A"
(Note: City Code Sections (48-33 to 48-40, inclusive) which are set forth in this Exhibit "A" are
hereby repealed pursuant to Section 3 of the above Ordinance.)
Sec. 48-33. Vehicle owner responsibilities.
(a) A vehicle owner receiving a notice may:
(1) Pay the assessed civil penalty pursuant to instructions on the notice; or
(2) Appear before the Special Master to contest the notice.
(b) The failure to pay the assessed civil penalty and failure to appear before the Special
Master to contest the notice will be considered an admission of liability and in such case
an order may be entered against the violator for an amount up to the maximum civil
penalty, plus any administrative costs.
(Ord. No. 2007-15, § 2, 10-18-07)
Sec. 48-34. Hearing before the Special Master.
(a) The City's Code Enforcement Special Masters are authorized to hold hearings related
to the enforcement of this article. A hearing shall be scheduled for all notices for which
the vehicle owner timely requests an administrative hearing.
(b) Upon receipt of the named violator's timely .request for an administrative hearing,
the City shall schedule a hearing before the Special Master pursuant to section 2-342 of
the City Code. Notice of hearing shall be provided to the vehicle owner pursuant to the
notice provisions contained in Article V of Chapter 2 of the City Code.
(c) The hearing shall be held pursuant to the procedures set forth in Article V of Chapter
2 of the City Code. The Traffic Control Infraction Review Officer may testify at the
hearing. The vehicle owner may present testimony and evidence.
(d) Recorded images indicating a red zone infraction, verified by the Traffic Control
Infraction Review Officer, are admissible in any proceeding before the City's Special
Master to enforce the provisions of this article, and shall constitute prima facie evidence
of the violation.
(e) Unless an affidavit is provided pursuant to section 48-35, it is presumed that the
person registered as the vehicle owner with the Florida Department of Motor Vehicles or
any other state vehicle registration office, or an individual having the owner's consent,
was operating the vehicle at the time of a red zone infraction.
Page 1 of 3
(Ord. No. 2007-15, § 2, 10-18-07)
Sec. 48-35. Vehicle owner affidavit of non-responsibility.
(a) In order for the vehicle owner to establish that the motor vehicle was, at the time of
the red zone infraction, either: (1) in the care, custody, or control of another person
without the consent of the registered owner or (2) was subject to a short term (less than
six months) car rental agreement entered into between a car rental agency, which is
licensed as required by applicable law and is authorized to conduct business in the State
of Florida, and the operator of the vehicle, the vehicle owner is required, within 20 days
from the date listed on the notice, to furnish to the City, an affidavit setting forth the
circumstances demonstrating, either: (1) that the motor vehicle was not in the vehicle
owner's care, custody, or control, and was not in the care, custody or control of another
person with the vehicle owner's consent or (2) that the motor vehicle was subject to a
short term (less than six months) rental agreement between the car rental agency
receiving the notice and the vehicle operator and provide a true and correct copy of the
short term car rental agreement, as applicable. The affidavit must be executed in the
presence of a notary, and include:
(1) If known to the vehicle owner, the name, address, and the driver's license
number of the person who had care, custody, or control of the motor vehicle,
without the vehicle owner's consent, at the time of the alleged red zone infraction;
or
(2) The name, address and drivers license number of the person who rented the
motor vehicle from the car rental agency which has received the notice, at the
time of the alleged red zone infraction; or
(3) If the vehicle was stolen, the police report indicating the vehicle was stolen at
the time of the alleged red zone infraction; and
(4) The following language immediately above the signature line: "Under
penalties of perjury, I declare that I have read the foregoing affidavit and that the
facts stated in it are true."
(b) Upon timely receipt of a sufficient affidavit pursuant to this section, any prosecution
of the notice issued to the vehicle owner shall be terminated. Proceedings may be
commenced by the City against the responsible person identified in the affidavit, and in
such event, the responsible person shall be subject to the same process and procedures
which are applicable to vehicle owners.
(Ord. No. 2007-15, § 2, 10-18-07)
Page 2 of 3
Sec. 48-36. Administrative charges.
In addition to the penalty pursuant to section 48-39 herein, administrative charges may be
assessed pursuant to Article V of Chapter 2 of the City Code in the event of a hearing and/or the
necessity to institute collection procedures arises.
(Ord. No. 2007-15, § 2, 10-18-07)
Sec. 48-37. Collection of fines.
Collection of fines shall be accomplished pursuant to Article V of Chapter 2 of the City
Code.
(Ord. No. 2007-15, § 2, 10-18-07)
Sec.48-38. Exceptions.
This article shall not apply to red zone infractions involving vehicle collisions (unless no
citation or charge is issued for a violation of a state statute related to said collision) or to any
authorized emergency vehicle responding to a bona fide emergency; nor shall a notice be issued
in any case where the operator of the vehicle was issued a citation for violating the state statute
regarding the failure to stop at a red light indication for the same event or incident.
(Ord. No. 2007-15, § 2, 10-18-07)
Sec.48-39. Penalty.
A violation of this article shall be deemed anon-criminal, non-moving violation for
which a civil penalty, as proscribed in Article V of Chapter 2 of the City Code, shall be assessed.
As the violation relates to this article and not to the Florida Statutes, no points as otherwise
provided in F.S. § 322.27, shall be recorded on the driving record of the vehicle owner or
responsible party.
(Ord. No. 2007-15, § 2, 10-18-07)
Sec.48-40. Enforcement.
This article may be enforced by any other means available to the City.
(Ord. No. 2007-15, § 2, 10-18-07)
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