07-19-2007 Workshop
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.n.ventura
City Commission
Workshop Meeting
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19200 West CountrY C1uh f)rive AventllT3 FI, 111!10
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July 19, 2007
Immediately following 9 a.m. Commission Meeting
Fxp.r.lJtivp. C-onfp.rp.nr.p. Room
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AGENDA
1. Performing Arts Center Update (City Manager)
2. Proposed Red Light Camera Enforcement Ordinance
(City Manager)*
3. Proposed Public Safety Radio System Protection Ordinance
(City Manager) *
4. City Clerk Review (Commissioner Joel) *
5. Adjournment
* Back-up Information Exists
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are
disabled and who need special accommodations to participate in this meeting because of that disability should contact the
Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, Ci
TO: City Commission
DATE: June 4,2007
SUBJECT: Proposed Dangerous Intersection Safety Ordinance (Red Light
Camera Enforcement Program)
As requested at the June workshop Meeting attached hereto is the subject Ordinance
as prepared by the City Attorney's Office.
The purpose of the Ordinance is to authorize the use of an unmanned
cameras/monitoring system to promote compliance with red light signal directives as
and to adopt a civil enforcement system for red light signal violations. This program 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. Notices of infractions issued pursuant to this article shall be addressed
using the City's own Special Masters pursuant to Article V of Chapter 2 of the City Code
and not through uniform traffic citations or county courts
For the first six months of the existence of the Ordinance, unless the driver of a vehicle
received a citation from a police officer at the time of a red zone infraction in
accordance with routine traffic enforcement techniques, the vehicle owner shall receive
a warning in the form of a courtesy notice of the violation.
The vendor awarded the contract by the City will provide the Police Department
recorded images of drivers who committed a red light infraction. The Traffic Control
Infraction Review Officer designated by the Police Chief will review all recorded images
prior to the issuance of a notice to ensure the accuracy and integrity of the recorded
images. Once the Traffic Control Infraction Review 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. The civil penalty is $125 for the first offense, $250 for the
second offense and $500 for each additional offense
An individual who was issued a violation would have the opportunity to file an appeal
before the City's code enforcement Special Masters in accordance with the procedure
outlined in the Ordinance.
The technology on the market will allow an individual who was issued a violation to view
the recorded images and the opportunity to pay the penalty online. The Ordinance also
establishes a process to address situations when the vehicle 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.
If you have any questions please feel free to contact me.
ORDINANCE NO. 2007-
AN ORDINANCE OF THE CITY OF A VENTURA,
FLORIDA; AMENDING THE CITY CODE BY AMENDING
CHAPTER 48 "VEHICLES AND USE OF THE RIGHT OF
WAY", BY CREATING ARTICLE III, " DANGEROUS
INTERSECTION SAFETY", PROVIDING FOR
RECORDED IMAGE MONITORING AND
ENFORCEMENT OF RED LIGHT INFRACTIONS, AND
FOR RELATED PROCEDURES AND PROVISIONS;
AMENDING CHAPTER 2 "ADMINISTRATION", ARTICLE
V "CODE ENFORCEMENT", SECTION 2-348 "SCHEDULE
OF CIVIL PENALTIES"; TO FACILITATE USE OF CODE
ENFORCEMENT MECHANISM FOR DANGEROUS
INTERSECTION SAFETY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the running of red lights causes a safety hazard affecting every citizen and
traveler in the City of A ventura; and
WHEREAS, the City wishes to reduce the running of red lights by creating an additional
enforcement mechanism.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the recitals set forth above are hereby adopted and
confirmed.
Section 2. Dane:erous Intersection Safetv. That the City Code of the City of Aventura
is hereby amended by amending Chapter 48 "Vehicles and Use of the Right of Way" by creating
Article III "Dangerous Intersection Safety", to read as follows:
Chapter 48 Vehicles and Use of the Rie:ht of Way
***
Article III Dane:erous Intersection Safety
Sec. 48-25. Intent.
The purpose of this article is to authorize the use of an unmanned cameras/monitoring system
to promote compliance with red light signal directives as proscribed by this article, and to adopt
a civil enforcement system for red light signal violations. 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 image capture technologies as a supplemental 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. The city may utilize image capture technologies
as an ancillary deterrent to traffic control signal violations and to thereby reduce accidents and
injuries associated with such violations. Notices of infractions issued pursuant to this article shall
be addressed using the city's own Special Masters pursuant to Article V of Chapter 2 of the City
Code and not through uniform traffic citations or county courts. This shall not bar the use of
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uniform traffic citations and the county courts when city police personnel decide not to rely on
this article as the enforcement mechanism for a specific violation.
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.
OWNERlVEHICLE 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;
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(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.
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. S 316.075.
TRAFFIC CONTROL SIGNAL MONITORING SYSTEMlDEVICE . 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.
4
Sec. 48-28. Adherence to Red Light 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.
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 Sec. 48-28. Violations shall be enforced
pursuant to Sec. 48-31.
Sec. 48-30 Six month notice; introductory period.
For the first six months of the existence of this article, unless the driver of a vehicle
received a citation from a police officer at the time of a red zone infraction in accordance with
routine traffic enforcement techniques, the vehicle owner shall receive a warning in the form of a
courtesy notice of the violation. Commencing six months after the effective date of the article,
5
the vehicle owner is subject to the enforcement provisions as provided herein and no warning
shall be given pursuant to this article.
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"). The
recorded image shall be sufficient grounds to issue a notice.
(B) The City's Chief of Police shall designate a Traffic Control Infraction Review Officer,
who shall be a police officer of the City or who shall meet the qualifications set forth in F.S. S
316.640( 5)(A), or any other relevant statute. The Traffic Control Infraction Review 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 Control Infraction Review Officer has verified the
accuracy of the recorded images and functionality of the traffic control monitoring
system/devices, 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.
Sec. 48-32 Notice of Violation.
The notice shall be in the form as provided for in Sec. 2-340 of the City Code but shall also
include:
(A) The name and address of the vehicle owner;
(B) The license plate number and registration number of the vehicle;
6
(C) The make, model, and year of the vehicle;
(D) Notice that the infraction charged is pursuant to this article;
(E) The location of the intersection where the infraction occurred;
(F) Notice that there are recorded images relating to the vehicle and a statement that the
recorded images are evidence of a red zone infraction;
(G) Images depicting the infraction;
(H) 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.
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.
Sec. 48-34 Hearing before the Special Master.
7
(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 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.
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
8
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."
9
(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.
Sec. 48-36 Administrative Charges.
In addition to the penalty pursuant to Sec. 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.
Sec. 48-37 Collection of fines.
Collection of fines shall be accomplished pursuant to Article V of Chapter 2 of the City
Code.
Sec. 48-38 Exceptions.
This article shall not apply to red zone infractions involving vehicle collisions 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.
Sec. 48-39 Penalty.
A violation of this article shall be deemed a non-criminal, non-moving violation for
which a civil penalty, as proscribed in Article V of Chapter 2 of the City Code, shall be assessed.
10
As the violation relates to this article and not to the Florida Statutes, no points as otherwise
provided in F.S. S 322.27, shall be recorded on the driving record of the vehicle owner or
responsible party.
Sec. 48-40 Enforcement.
This article may be enforced by any other means available to the City.
Sec. 48-41 Signage.
The City shall, to the extent practicable, at the primary motor vehicle entry points to the
City, cause to be erected and maintained signs, which substantially meet the design
specifications indicated in Exhibit "A", providing notice of this article. Failure to erect, maintain
or create these signs shall not invalidate or impair any enforcement of this article .
Section 3. Schedule of violations and civil penalties amended. That the City Code of
the City of Aventura is hereby amended by amending Chapter 2 "Administration", Article V
"Code Enforcement", Section 2-348 "Schedule of civil penalties", to read as follows: 1
Sec. 2-348. Schedule of civil penalties.
TABLE INSET:
Code Sec. Description of Violation Initial Civil Penalty
*** *** ***
$125.00 first offense
48-25,et seq. Violation of the Dangerous Intersection $250.00 second offense
- Safety $500.00 each additional
offense
*** **** ***
1 / Proposed additions to text of City Code are indicated by underline; proposed deletions from text of City
Code are indicated by strikethrough.
11
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 A ventura; 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
, who moved its adoption on
first reading. This motion was seconded by
, and upon being put to a
vote, the vote was as follows:
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Zev Auerbach
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
The foregoing Ordinance was offered by Commissioner
who
moved its adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
12
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Zev Auerbach
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stem
Mayor Susan Gottlieb
PASSED AND ADOPTED on first reading this
day of
PASSED AND ADOPTED on second reading this _day of
ATTEST:
Susan Gottlieb, Mayor
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
City Attorney
13
,2007.
,2007.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE: July 11, 2007
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, Cit
SUBJECT: Proposed Public Safety Radio System Protection Ordinance
Backoround
Due to the increased levels of wireless communications within the City, construction of
new buildings and existing commercial buildings with poor radio reception, the Police
Department is recommending that an Ordinance be adopted to protect radio
communications for public safety.
The Ordinance would require buildings and structures which cannot support the
required level of radio coverage to install equipment to resolve the radio reception
limitations. It is estimated that twenty percent (20%) of all commercial structures and
thirty percent (30%) of all multi-family structures in the City would require the installation
of the equipment.
I have place this item on the workshop agenda for review and discussion with the City
Commission.
Attachment
cc: Steve Steinberg, Chief of Police (w/ attachment)
ORDINANCE NO. 2007-
AN ORDINANCE OF THE CITY OF A VENTURA,
FLORIDA; AMENDING THE CITY CODE BY
AMENDING CHAPTER 31 "LAND DEVELOPMENT
REGULATIONS", AT ARTICLE XI "DEVELOPMENT
STANDARDS OF GENERAL APPLICABILITY", BY
CREATING SECTION 31-242 "PUBLIC SAFETY
RADIO SYSTEM PROTECTION"; TO PROTECT
RADIO COMMUNICATIONS FOR PUBLIC SAFETY
IN THE CITY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR PENALTY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of A ventura ("City") finds that it is
necessary to further enhance the provisions of Chapter 31 of the City Code concerning
protections to radio communications for public safety in the City; and
WHEREAS, this proposed Ordinance would provide for adequate protection of
the City's radio system coverage in new and existing buildings, and would ensure that
police officers or any other public safety officials using the radio system may
communicate during emergency situations; and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, F. S.; and
WHEREAS, the Local Planning Agency has reviewed the proposed amendments
pursuant to the required public hearing and has recommended approval to the City
Commission; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
Ordinance No. 2007-
Page 2
WHEREAS, the City Commission has reviewed the action set forth in the
Ordinance and has determined that such action is consistent with the Comprehensive
Plan; and
WHEREAS, the City Commission finds that this proposed Ordinance serves to
further enhance the protection of the public health, safety and welfare.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY
COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the above stated recitals is hereby
adopted and confirmed.
Section 2. City Code Amended. That Article XI "Development Standards of
General Applicability" of Chapter 31 "Land Development Regulations" of the City Code,
is hereby amended by creating Section 31-242, "Public Safety Radio System Protection,"
to read as follows:
Section 31-242.
Public Safety Radio System Protection
a) In General. To the fullest extent allowed by applicable law, it is hereby
provided that no person shall knowingly maintain, erect, or construct any building or
structure, install or operate any electronic device, system, metals, or apply any coatings
or other paints for commercial use, multi-family dwelling, or institutional use that would
degrade, block or limit the penetration and or transmission of radio waves into or out of
any building or structure and thereby fail to support adequate radio coverage for the
City's Police Department radio system. For purposes of this section, the term "adequate
radio coverage," shall include each of the following:
Ordinance No. 2007-
Page 3
I) minimum signal strength of -95 dbm received at the City's radio site
when transmitted from 90% of the area of each floor of the building,
2) a minimum signal strength of 95 dbm available in 90% of the area of
each floor of the building when transmitted from the City's radio site,
3) the frequency range that must be supported shall be 810-860 MHz, and
4) a 95% reliability factor.
b) Amplifications Systems Allowed. Buildings and structures which cannot
support the required level of radio coverage shall be equipped with either a radiating
cable or an internal multiple antenna system with or without FCC type accepted bi-
directional 800MHz amplifiers as needed. If any part of the installed system or systems
contains an electrically powered component, the system shall be capable of operating on
an independent battery and/or generator system for a period of twelve (12) hours without
external power input. The battery system shall automatically recharge in the presence of
external power input. If used, the bi-directional amplifiers shall include filters to reduce
adjacent frequency interference at least 3dbm below the National Public Safety Planning
Advisory Committee band.
c) Testing Procedures
1) Initial Tests. Initial test will be performed by the City's Police
Department personnel or any assigned representative qualified to
conduct such testing as authorized by the City's Police Department
personnel. A certificate of occupancy will not be issued to any
structure if the building fails to comply with this section.
Ordinance No. 2007-
Page 4
2) Annual Tests. Annual Tests will be conducted by the City's Police
Department or any assigned representative qualified to conduct such
testing.
3) Field Testing. Police personnel, after providing adequate notice to the
owner or his representative shall have the right to enter onto the
property to conduct field testing to be certain that the required level of
radio coverage is present.
d) Restriction. No existing or future Telecommunications Facilities, Towers,
Antennas, Personal Wireless Services Facilities or other facilities or structures shall
interfere with any public safety radio communications systems including, but not limited
to, the 800MHz radio system operated by the City's Police Department which provides
Essential Services and other public safety communications during emergencies and
disasters. The owner or operator of the aforementioned facilities is responsible for
compliance with these performance standards. If any such facilities are found to interfere
with Essential Services or other public safety/police radio communication system, the
facilities operator will, to the extent allowed by applicable law, cease operation of the
facility within twenty-four (24) hours of receipt of notice from the City until the
interference problem is rectified to the satisfaction of the City. A violation of these
performance standards constitutes a public nuisance and will be treated as such.
e) Exception. In the event there is a legitimate threat to a person's health or
safety concerning compliance with this section or concerning compliance with the
implementation of the restrictions in subsection d), such person shall submit a completed
Ordinance No. 2007-
Page 5
permit application with the City's Police Department for a determination of whether such
provisions or restrictions shall apply.
f) Fees. Fees for permits, applications, and inspections by the City shall be
set by Resolution.
g) Appeal of City Police Department's Decision. Any person aggrieved by a
decision of the City's Police Department concerning this section, may appeal the matter
to the City Manager. The aggrieved person shall have ten (10) days from receiving the
written decision of the City's Police Department to file a written appeal to the City
Commission. The City Manager may accept, rej ect, or modify the decision of the City's
Police Department, based upon a review of the information provided. Any person
aggrieved by a decision of the City Manager may appeal the matter to a court of
competent jurisdiction.
h) Applicability. To the fullest extent allowed by applicable law, it is hereby
provided that, any person owning, controlling or operating a building or structure for
commercial, multi-family dwelling, or institutional use which building or structure exists
on or prior to the effective date of this section, that, as reasonably determined by the
City's Police Department, degrades, blocks or limits the penetration and or transmission
of radio waves into or out of any building or structure and fails to support adequate radio
coverage for the City's Police Department radio system, shall comply with this Section
within one year of the effective date of this Section, or within one-hundred eighty days
(180) after receipt of written notice from the City, whichever occurs first. As to any
building or structure which is constructed or completed after the effective date of this
Ordinance No. 2007-
Page 6
Section, such new building or structure shall immediately be subject to the requirements
of this Section as provided herein.
Section 3.
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 4. 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 A ventura; 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 5.
Penalty. That any person who violates any provisions of this
Ordinance shall, upon conviction, be punished by a fine not to exceed $500.00 or
imprisonment in the County jail not to exceed sixty (60) days or both such fine and
imprisonment. Each day that a violation continues shall be deemed a separate violation.
This Ordinance shall also be subject to enforcement under the Local Government Code
Enforcement Act, Chapter 162, F.S., as amended, and City Code Section 2-331, et. seq.,
as amended. Enforcement may also be by suit for declaratory, injunctive or other
appropriate relief in a court of competent jurisdiction or as authorized by Section 162.22,
F.S.
Ordinance No. 2007-
Page 7
Section 6. Effective Date. That this Ordinance shall be effective immediately
upon adoption on second reading, and shall be applicable to uses, activities and
operations which exist on the effective date hereof as well as to uses, activities or
operations which are subsequently established, as provided herein.
The foregoing Ordinance was offered by
, who moved its
adoption on first reading. This motion was seconded by
, and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stem
Mayor Susan Gottlieb
The foregoing Ordinance was offered by Commissioner
who moved its adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stem
Mayor Susan Gottlieb
PASSED AND ADOPTED on first reading this _ day of
,2007.
Ordinance No. 2007-
Page 8
PASSED AND ADOPTED on second reading this
ATTEST:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
City Attorney
day of
,2007.
Susan Gottlieb, Mayor
CITY OF AVENTURA
OFFICE OF THE CITY COMMISSION
FROM:
TO:
DATE:
SUBJECT: City Clerk Evaluation
I know that we all agree that we are fortunate to have Teresa as our City Clerk. She
has once again performed exceptionally well this past year and was responsible for a
candidate election, conducted in accordance with law and without incident, including
coordinating our installation ceremony. On August 12, 2007, Teresa will celebrate her
eleventh year as our city clerk.
In addition to her service to the City, Teresa continues her dedication to her profession
by her active participation in the local, state and international municipal clerk
organizations and is well-respected among her colleagues She is often contacted by
other governmental officials for assistance in the functions of their respective city clerks
offices and all of this is a positive reflection on our City of Excellence.
In light of the uncertain economic times precipitated by the property tax reform, Teresa
is not requesting an increase in salary at this time.
Based on the foregoing, I recommend a $10,000 net bonus be given to her, which is
exactly as we provided to her last year.
BJ/tms