Ordinance No. 2024-15 Creating Code Section 48-46 Authorizing Speed Detection Systems School Zones - September 3, 2024 CITY OF AVENTURA ORDINANCE NO. 2024-15
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, CREATING SECTION 48-46 OF THE CITY'S
CODE OF ORDINANCES TO AUTHORIZE THE PLACEMENT,
INSTALLATION, AND OPERATION OF SPEED DETECTION SYSTEMS
ON ROADWAYS MAINTAINED AS SCHOOL ZONES, ESTABLISH
TRAFFIC ENFORCEMENT PROCEDURES WHEN SPEED DETECTION
SYSTEMS ARE UTILIZED FOR SCHOOL ZONE SPEED LIMIT
VIOLATIONS, AND CREATE HEARING PROCEDURES RELATING TO
SUCH SCHOOL ZONE SPEED LIMIT VIOLATIONS; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, on July 1 , 2023, House Bill 657, as codified under Chapter 2023-174
of the Laws of Florida, went into effect, authorizing municipalities to use speed detection
systems to enforce school zone speeding violations in excess of 10 miles over the posted
speed limit (among other things) during certain times and days (the "SDS"); and
WHEREAS, a speed detection system is defined in Section 316.003, Florida
Statutes, as a portable or fixed automated system used to detect a motor vehicle's speed
using radar or LiDAR and to capture a photograph or video of the rear of a motor vehicle
that exceeds the speed limit in force at the time of the violation; and
WHEREAS, Section 316.008, Florida Statutes further authorizes cities to place or
install, or contract with a vendor to place or install, a speed detection system within a
roadway maintained as a school zone as provided in Section 316.1895, Florida Statutes,
to enforce unlawful speed violations; and
WHEREAS, prior to utilizing SDS to enforce eligible school zone speeding
violations, municipalities must first determine whether a school zone constitutes a
heightened safety risk that warrants additional traffic enforcement measures based on
traffic data collected prior to utilization of the SDS in any particular school zone; and
WHEREAS, Section 316.008, Florida Statutes provides that prior to utilizing SDS
to enforce eligible school zone speeding violations, municipalities are required to adopt
an ordinance authorizing the placement and installation of SDS, and creating traffic
enforcement procedures relating to the enforcement of school zone speed limits through
the use of SDS; and
WHEREAS, consistent with the requirements of Section 316.008, Florida Statutes,
in consideration of creating a speed detection system program, the City held a public
City of Aventura Ordinance No. 2024-15
hearing on July 18, 2024 at which traffic data demonstrating a significant safety need for
traffic infraction detectors was presented; and
WHEREAS, in accordance with and pursuant to the provisions of Section
316.008, Florida Statutes, the City has considered traffic data or other evidence
supporting the installation and operation of each proposed school zone speed detection
system, and has determined that school zones at the Aventura City of Excellence School
and the Don Soffer Aventura High School (collectively, the "School Zones") constitute a
heightened safety risk that warrants additional enforcement measures of a speed
detection system to be placed or installed at these School Zones; and
WHEREAS, in order to mitigate the heightened safety risks at School Zones, the
City desires to adopt this Ordinance to, among other things, (1) make findings that the
School Zones constitute heightened safety risks that warrant additional enforcement
measures based on the relevant evidence presented at the public hearing on July 18,
2024; (2) authorize the placement, installation, and operation of SDS at the School
Zones; (3) create procedures for the issuance of notice of violations for school zone
speeding violations by duly qualified traffic infraction officers; and (4) establish a hearing
framework whereby a local hearing officer will determine whether school zone speeding
violations have occurred; and
WHEREAS, the City Commission finds it to be in the best interest of the public,
health, safety, and welfare of its residents to adopt this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. Ratification. That the foregoing "WHEREAS" clauses are hereby
ratified and confirmed as being true and correct and are hereby made a specific part of
this ordinance.
Section 2. City Code Amended. The City Commission of the City of Aventura
hereby creates Section 48-46 of the Code of Ordinances as follows':
Chapter 48 — Vehicles, Use of Rights-of-way, Parking and Other Regulations
ARTICLE VI. —Speed Detection Systems in School Zones.
Coding: Strikethmugh weFds are deletions to the existing words. Underlined words are additions to the
existing words. Changes between first and second reading are indicated with yellow highlight and double
strikethrough or double underline.
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City of Aventura Ordinance No. 2024-15
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Section 48-46. — RESERVED Speed Detection Systems in School Zones
(a) Purpose and intent.
(1) The City elects to commence the use of Automated Speed Detection
Systems ("SDS") in school zones within its jurisdiction in accordance
with the provisions of state law, including Chapter 316, Florida
Statutes, and authorizes the placement of SDS within School Zones in
the City in accordance with Chapter 316, Florida Statutes.
(2) The City shall utilize SDS consistent with and pursuant to all
applicable provisions of state law in order to detect, process and
penalize speeding in its school zones, as set forth in the Florida
Uniform Traffic Control Law. The use of SDS shall be deemed a
supplemental means of enforcing state law, and nothing herein shall
be construed or operate to preclude the enforcement of the Florida
Uniform Traffic Control Law by any other means provided by law.
(b) Definitions.
For purposes of this ordinance, the following terms shall have the meanings
given to them below.
(1 ) Motor vehicle shall mean, as defined by Section 316.003(46), Florida
Statutes: a self-propelled vehicle not operated upon rails or guideway,
but not including any bicycle, electric bicycle, motorized scooter, electric
personal assistive mobility device, mobile carrier, personal delivery
device, swamp buggy, or moped.
(2 ) School zone shall mean that portion of a street or highway established
as a school zone pursuant to Section 316.1895, Florida Statutes, as it
may be amended.
(3) Speed detection system shall mean a portable or fixed automated
system used to detect a motor vehicle's speed using radar or LiDAR and
to capture a photograph or video of the rear of a motor vehicle that
exceeds the speed limit in force at the time of the violation, as defined
in Section 316.003, Florida Statutes, as it may be amended.
(c) Authorizing Use of School Zone Speed Limit Detection Systems.
Pursuant to Section 316.008(9), Florida Statutes, the City of Aventura hereby elects
to use speed detection systems to enforce school zone speed limits within the City's
jurisdiction. The City may utilize a speed limit detection system as a supplemental
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City of Aventura Ordinance No. 2024-15
means of monitoring the speed of vehicles and assisting law enforcement personnel
in the enforcement of compliance with laws related to speed limits within school
zones as permitted and provided for by general law, which are designed to protect
and improve the public health, safety, and welfare of the community and thereby
reduce accidents, injuries, and disruption of traffic associated with such violations.
(d) Determination of Safety Need.
SDSs are authorized for use at the following locations, based upon the City
Commission's finding that the school zones where speed detection systems are to
be placed or installed constitute a heightened safety risk that warrant additional
enforcement measures:
• AVENTURA CITY OF EXCELLENCE SCHOOL — 3333 NE 188T"
STREET, AVENTURA, FL
• DON SOFFER AVENTURA HIGH SCHOOL — 351 NE 213T"
STREET, AVENTURA, FL
(e) Implementation of Speed Limit Detection Systems in School Zones.
(1) In accordance with the Laws of Florida, as of the effective date of this
ordinance, the City authorizes the implementation of the provisions and
requirements of Sections 316.008 and 316.1896, Florida Statutes. The
City will implement speed detection systems within the City of Aventura
consistent with the placement and installation specifications established
by the Florida Department of Transportation, as such may be amended
from time to time, to enforce unlawful speed violations, as specified in
Sections 316.1895 and 316.183, Florida Statutes, on roadways
maintained as school zones.
(2) Designation of Local Hearing Officer. The City's Special Magistrate, as a
Local Hearing Officer, is designated to conduct hearings requested by
alleged violators desiring to contest notices of violation detected by SDS
in accordance with Chapter 316, Florida Statutes.
(3) Designation of Local Hearing Officer Clerk. The Special Magistrate Clerk
is designated to serve as the clerk for the Local Hearing Officer.
(4) Pursuant to Section 316.1896, Florida Statutes, a traffic infraction
enforcement officer under Section 316.640, Florida Statutes, is authorized
to issue uniform traffic citations for violations of Sections 316.1895 and
316.183, Florida Statutes, as authorized by Section 316.008(9), Florida
Statutes.
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City of Aventura Ordinance No. 2024-15
(5) Notices, Penalties and Appeals. The City's Police Chief, or designee, shall
provide notices of violation, assess penalties, remit applicable portions of
assessed penalties, and provide for hearing procedures and appeals
consistent with the requirements of the administration and enforcement of
the SDS under Chapter 316, Florida Statutes, as such may be amended
from time to time.
(6) Signage and Public Awareness Campaign. The City's Police Chief, or
designee, shall post signage and conduct a public awareness campaign
regarding the placement or installation of speed detection systems
consistent with the administration and enforcement of the SDS under
Chapter 316, Florida Statutes, as such may be amended from time to time.
(7) Reporting. The City's Police Chief, or designee, shall comply with the SDS
reporting requirements under Chapter 316, Florida Statutes, as such may
be amended from time to time.
Section 3. Conflicts. That all ordinances or parts of ordinances, all City Code
sections or parts of City Code sections, and all resolutions or parts of resolutions in conflict
with this ordinance are hereby repealed to the extent of such conflict.
Section 4. Severability. That should any section or provision of this ordinance or
any portion thereof, any paragraph, sentence, clause or word be declared by a court of
competent jurisdiction to be invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part hereof other than the part declared invalid.
Section 5. Codification. That the provisions of this ordinance shall be codified
within the Code of Ordinances of the City of Aventura, Florida, and any paragraph or
section may be renumbered to conform with the Code of Ordinances.
Section 6. Effective Date. That this ordinance shall become effective upon its
passage on second and final reading.
The foregoing Ordinance was offered by Vice Mayor Dr. Marks, who moved its
adoption on first reading. This motion was seconded by Commissioner Joel and upon being
put to a vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Paul A. Kruss Yes
Commissioner Michael Stern Absent
Vice Mayor Dr. Linda Marks Yes
Mayor Howard S. Weinberg Yes
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City of Aventura Ordinance No. 2024-15
The foregoing Ordinance was offered by Commissioner Joel, who moved its adoption
on second reading. This motion was seconded by Commissioner Bloom and upon being put
to a vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Paul A. Kruss Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Howard S. Weinberg Yes
PASSED on first reading this 18th day of July, 2024.
PASSED AND ADOPTED on second reading on this 3rd day of September, 2024.
•
OWARD S. WEINBERG, ES
�G MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ROBERT MEYERS
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
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