2013-06 ORDINANCE NO. 2013-06
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY OF AVENTURA CODE OF ORDINANCES,
BY AMENDING SECTION 2-348 "CIVIL PENALTIES" OF
ARTICLE V "CODE ENFORCEMENT" OF CHAPTER 2
"ADMINISTRATION", AND BY AMENDING ARTICLE III
"DANGEROUS INTERSECTION SAFETY" OF CHAPTER 48
"VEHICLES, USE OF RIGHT-OF-WAY, PARKING AND OTHER
REGULATIONS", TO ENSURE CONSISTENCY WITH SECTION
316.0083, "THE MARK WANDALL TRAFFIC SAFETY ACT", AS
AMENDED BY THE FLORIDA LEGISLATURE THROUGH THE
ENACTMENT OF CS/CS/ HOUSE BILL 7125 DURING THE 2013
LEGISLATIVE SESSION;PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR CLERK DESIGNATED;
PROVIDING FOR SAVINGS;PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on October 18, 2007 the City Commission enacted Ordinance No. 2007-15
creating Article III "Dangerous Intersection Safety" of Chapter 48 "Vehicles, Use of Right-of-
Way, Parking, And Other Regulations" (the "Ordinance") ; and
WHEREAS, in accordance with applicable law, the Ordinance designated the running of
red traffic lights as a violation of the City Code and provided for the use of traffic safety cameras
as a supplemental means of enforcement; and
WHEREAS, during the 2010 legislative session, the Florida Legislature enacted House
Bill 325 establishing uniform procedures for the use of red light traffic safety cameras
throughout the State of Florida and, for the first time, preempting the use of traffic safety
cameras for enforcement purposes ; and
WHEREAS, on June 17, 2010 the City Commission enacted Ordinance No. 2010-06
amending Chapter 48 of the City Code in order to comply with criteria established in HB 325;
and
WHEREAS, during the 2013 legislative session, the Florida Legislature enacted
CS/CS/HB7125 ("House Bill 7125"), amending the statutory uniform procedures for the use of
red light cameras throughout the State of Florida; and
WHEREAS, the City Commission desires to further amend Chapter 48 of the City Code
to comply with the provisions of House Bill 7125, and to further revise and update the City Code
to conform with the 2013 legislation.
Ordinance No. 2013-06
Page 2
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AS FOLLOWS: '
Section 1. Recitals Adopted. That the above stated recitals are hereby adopted
and confirmed.
Section 2. City Code Amended. That Article V "Code'Enforcement" of Chapter 2
"Administration" of the City of Aventura Code of Ordinances is hereby amended by amending
Section 2-348 "Schedule of civil penalties"to delete obsolete reference:
Section 2-348. Schedule of civil penalties.
(a) The following table outlines the sections of the Code, as they may be amended from
time to time, which may be enforced pursuant to the provisions of this article, and the
dollar amount of civil penalty for the violation of these sections as they may be amended.
These penalties shall be in addition to any and all other legal remedies which may be
available to the City. Each description of violation in the schedule is for informational
purposes only and is not meant to limit or define the nature of the violation or the subject
matter of the listed Code sections. To determine the exact nature of the activity
proscribed or required by the Code,the relevant Code section must be examined.
(b) The following is the schedule of civil penalties:
18 25, et seq. . . . -- ... . . •- - . - $125.00 first offense
$250.00 second offense
! . .. - -
•
Section 3. City Code Amended. That Article III "Dangerous Intersection Safety" of
Chapter 48 "Vehicles, Right-of-Way, Parking, And Other Regulations" of the City of Aventura
Code Of Ordinances is hereby amended by amending Section 48-25 "Intent"to read as follows:
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 and to adopt a civil enforcement system for
1 Additions to existing text in the City Code shall be indicated by underline,deletions from existing text in the City
Code shall be indicated by striketlaceugh.
Ordinance No. 2013-06
Page 3
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") as amended
by CS/CS/HB 7125 (2013) ("House Bill 7125"). 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.
Section 4. City Code Amended. That Article III "Dangerous Intersection Safety" of
Chapter 48 "Vehicles, Right-of-Way, Parking, And Other Regulations" of the City of Aventura
Code Of Ordinances is hereby amended by amending Section 48-26 "Use of image capture
technologies"to read as follows:
Section 48-26 Use of image capture technologies.
The city shall utilize traffic infraction detectors 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 F.S., §§ 316.008 and 316.0083 (2010), as amended by House
Bill 7125 (2013). The city may utilize traffic infraction detectors as an ancillary deterrent
to traffic control signal violations and to thereby reduce accidents and injuries associated
with such violations.
Section 5. City Code Amended. That Article III "Dangerous Intersection Safety" of
Chapter 48 "Vehicles, Right-of-Way, Parking, And Other Regulations" of the City of Aventura
Code of Ordinances is hereby amended by amending Section 48-27 "Definitions" to read as
follows:
Section 48-27. Definitions.
The following definitions shall apply to this article:
Local Hearing Officer. The person(s), appointed by the City Manager and approved by
the City Commission to serve as code enforcement special master (the "Special
Magistrate") pursuant to City Code Section 2-334. The Special Magistrate is hereby
authorized to conduct hearings related to a notice of violation issued pursuant to Section
Ordinance No. 2013-06
Page 4
316.0083, Florida Statutes, and this Article. The City Manager, if desired, may designate
a specific Special Magistrate(s)to serve as the Local Hearing Officer .
Petitioner. Any person that has received a Notice of Violation and has requested a
hearing before the Local Hearing Officer for the purpose of determining whether the
alleged violation has occurred.
Section 6. City Code Amended. That Article III "Dangerous Intersection Safety" of
Chapter 48 "Vehicles, Right-of-Way, Parking, And Other Regulations" of the City of Aventura
Code of Ordinances is hereby amended by amending Section 48-28 "Adherence to red light
traffic control signals"to read as follows:
Section 48-28. Adherence to red light traffic control signals.
(a) Pursuant to general law, 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 approaching 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 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 provided
the driver comes to a complete stop before turning right (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. A notice of violation and a traffic citation may not be issued if the driver of
a vehicle comes to a complete stop after crossing the stop line and before turning right if
permissible at a red light, but failed to stop before crossing over the stop line or other
point at which a stop is required.
* * *
Section 7. City Code Amended. That Article III "Dangerous Intersection Safety" of
Chapter 48 "Vehicles, Right-of-Way, Parking, And Other Regulations" of the City of Aventura
Code of Ordinances is hereby amended by amending Section 48-31 "Review of recorded
images"to read as follows:
Ordinance No. 2013-06
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Section 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 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 Infraction Enforcement
Officers, who shall be Police Officers of the City and who shall meet the qualifications
set forth in F.S. § 316.640(5)(A), or any other relevant statute. The Traffic Infraction
Enforcement 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
Enforcement 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. § 316.00831
er to provide an affidavit that complies with the provisions of F.S. § 316.0083, or request
a hearing within 39 60 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--Unifepni
Section 8. City Code Amended. That Article III "Dangerous Intersection Safety" of
Chapter 48 "Vehicles, Right-of-Way, Parking, And Other Regulations" of the City of Aventura
Code of Ordinances is hereby amended by amending Section 48-32 "Notice of violation"to read
as follows:
Section 48-32. Notice of violation.
The notice of a red zone infraction shall be served via first class mail and shall include:
(11) A statement that the owner must pay a penalty of$158.00 to the City,of provide an
affidavit that complies with F.S. § 316.0083, or request a hearing within t' sixty
(60) days of the date the notice is issued in order to avoid court fees, costs, and the
issuance of a Uniform Traffic Citation;
* * *
(13) Information on the person's right to request a hearing and on all court costs related
thereto and a form to use to request a hearing or shall direct the person to a web address
for a website that provides that information .
Ordinance No. 2013-06
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Section 9. City Code Amended. That Article III "Dangerous Intersection Safety" of
Chapter 48 "Vehicles, Right-of-Way, Parking, And Other Regulations" of the City of Aventura
Code of Ordinances is hereby amended by creating Section 48-33 "Notice of violation hearing
procedure"which shall read as follows:
Section 48-33. Notice of violation hearing procedure.
A Petitioner who elects to request a hearing shall be scheduled for a hearing by the
clerk of the Local Hearing Officer to appear before a Local Hearing Officer with
notice to be sent by first-class mail. Upon receipt of the notice, the Petitioner may
reschedule the hearing once by submitting a written request to reschedule to the clerk
of the Local Hearing Officer, at least 5 calendar days before the day of the originally
scheduled hearing. The Petitioner may cancel his or her appearance before the Local
Hearing Officer by paying the penalty assessed by s. 316.0083(1)(b), Fla. Stat., as
amended, plus $50 in administrative costs, before the start of the hearing.
(b) All testimony at the hearing shall be under oath and shall be recorded. The Local
Hearing Officer shall take testimony from a traffic infraction enforcement officer and
the Petitioner, and may take testimony from others. The Local Hearing Officer shall
review the photographic or electronic images or the streaming video made available
under s. 316.0083(1)(b)l.b., Fla. Stat., as amended. Formal rules of evidence do not
apply, but due process shall be observed and govern the proceedings.
Ccj At the conclusion of the hearing, the Local Hearing Officer shall determine whether a
violation under s. 316.0083, Fla. Stat., as amended, has occurred, in which case the
hearing officer shall uphold or dismiss the violation. The Local Hearing Officer shall
issue a final administrative order including the determination and, if the notice of
violation is upheld, require the Petitioner to pay the penalty assessed under s.
316.0083(1)(b), Fla. Stat. as amended, and may also require the petitioner to pay
municipal costs, not to exceed $250. The final administrative order shall be mailed to
the Petitioner by first-class mail.
(d) An aggrieved party may appeal a final administrative order consistent with the
process provided under s. 162.11,Fla. Stat.
Section 10. Implementation. That the City Manager shall take any and all action
necessary to implement the amended Red Light Camera Safety Program including, but not
limited to, the appointment or designation of a Local Hearing Officer(s), and amendment of the
City's agreement with American Traffic Solutions and other service providers to the extent
{
Ordinance No. 2013-06
Page 7
necessary, if any, to comply with Chapter 316; Fla. Stat., as amended though the enactment of
HB 7125 (2013).
Section 11. Clerk Designated. That the Office of the City Clerk of the City of
Aventura is hereby designated as the clerk to the Local Heari g Officer.
Section 12. Severability. That the provisions of his Ordinance are declared to be
severable and if any section, sentence, clause or phrase of thi 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, bu they shall remain in effect it being
the legislative intent that this Ordinance shall stand notwithst ding the invalidity of any part.
Section 13. Inclusion in the Code. That it is th intention of the City Commission
and it is hereby ordained that the provisions of this Ordinan ce shall become and be made a part
of the Code of the City of Aventura, that the sections of thi 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 14. Savings. That all fines, penalties, fee and costs imposed pursuant to the
provisions of Article III of Chapter 48 of the City Code, w 'eh provisions existed immediately
prior to July 1, 2013, are hereby authorized, approved, ratifie and confirmed, and shall continue
to be due and owing until paid to City.
Section 15. 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, 2013, except that
the provisions of Section 10 of this Ordinance shall be effective immediately upon adoption on
second reading.
The foregoing Ordinance was offered by Vice Mayor Stern,who moved its adoption on first reading.This motion was
seconded by Commissioner Cohen,and upon being put to a vote,the vote was as f ]lows:
Commissioner Enbar Cohen yes
Commissioner Teri Holzberg yes I
Commissioner Billy Joel yes
Commissioner Howard Weinberg yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Michael Stern yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Vice Mayor Stern,who moved its adopti n on second reading.This motion was
seconded by Commissioner Joel,and upon being put to a vote,the vote was as foil ws:
Commissioner Enbar Cohen yes
Commissioner Teri Holzberg yes
Commissioner Billy Joel yes
Commissioner Howard Weinberg yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Michael Stern yes
Mayor Susan Gottlieb yes
I I
Ordinance No. 2.o 3-O(o
Page 8
PASSED AND ADOPTED on first reading this 4th day of Jun;2013.
PASSED AND ADOPTED on second reading this 19th day of June 2013
SAN GOTTL B, MAYOR
ATTEST: I
/,
4 SAM. SO'OJt , C
CITY CLERK
APPROVED AS TO LEGAL SUFFI ThhNCY:
CITY AT ORNEY
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