10-18-2007
City Commission
Susan Gottlieb, Mayor
A,:!,he City of
~ventura
City Manager
Eric M. Soroka, ICMA-CM
Zev Auerbach
Bob Diamond
Billy Joel
T eri Holzberg
Michael Stern
Luz Urbaez Weinberg
City Clerk
Teresa M. Soroka, MMC
City Attorney
Weiss Serota Helfman
Pastoriza Cole & Boniske
AGENDA
OCTOBER 18, 2007 9 AM
Government Center
19200 West Country Club Drive
A ventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PUBLIC HEARINGS: ORDINANCES: SECOND READING:
A. 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 APPLICABILITY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR PENALTY; AND PROVIDING FOR AN
EFFECTIVE DATE.
B. 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.
October 18, 2007 CcmIIissioo Meeting
C. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO.
2007-13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE
2007/2008 FISCAL YEAR BY REVISING THE 2007/2008 FISCAL
YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED
IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING
FOR AN EFFECTIVE DATE.
3. ADJOURNMENT
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. One or more members of the City of Aventura Advisory Boards may be in attendance. Anyone wishing to appeal any decision made by
the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose,
may need to ensure that a verbatim record of the proceedings is made, which record inciudes the testimony and evidence upon which the appeal is to be
based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive, Aventura, Flonda,
33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901.
2
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT: Proposed Public Safety Radio System Protection Ordinance
1st Reading September 11, 2007 City Commission Meeting Agenda Item 1-A
2nd Reading October~ 2007 City Commission Meeting Agenda Item IL,A
RECOMMENDA TION
It is recommended that the City Commission adopt the attached Ordinance establishing
regulations to protect the City's police communications system.
BACKGROUND
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 new buildings and structures which cannot support the
required level or radio coverage to install equipment to resolve the radio reception
limitations.
This matter was discussed at the July Workshop Meeting.
EMS/act
Attachment
CC01589-07
""'~
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 ST ANDARDS 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 APPLICABILITY;
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 in substantially improved existing buildings, and would
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otherwise protect the public safety radio system and help 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
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.
Ordinance No. 2007-
Page 2
.i---.
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 or the City's Police
Department's interoperability with other public safety communications. For purposes of this
section, the term "adequate radio coverage," shall include each of the following:
1) 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
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Ordinance No. 2007-
Page 3
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. Ifused, 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 temporary certificate
of occupancy will not be issued to any structure if the building fails to comply
with this section.
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. To the fullest extent allowed by applicable law, 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
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Ordinance No. 2007-
Page 4
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) Applicability. To the fullest extent allowed by applicable law, after the effective date of
this section, the owner, manager or operator of a building or structure designed or used for commercial,
multi-family dwelling, or institutional use 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 as
required by this section shall comply with this section within sixty (60) days of receipt of notice from the
City. However, those buildings or structures which exist prior to the effective date of this section and are
not thereafter substantially improved (as defined in Sec. 31-21 of the City Code) shall not be subject to this
section except as to activities undertaken or improvements made after the effective date of this section,
which activities or improvements consist of the initial installation (not simply the repair) of devices,
systems, metals, paints or coatings, which contravene the requirements of paragraph (a) above.
f) Waiver. In the event that compliance with paragraph (a) poses a bona fide threat to
a person's health or safety, or a person deems himself or herself otherwise aggrieved by the
implementation of the restrictions provided by paragraph (a) of this section, such person shall
submit a completed waiver application with the City's Police Department. The City's Police
Department shall determine whether such restrictions shall apply to the applicant based upon
whether or not a waiver of the provisions of paragraph (a) for a specific circumstance, subject to
4
Ordinance No. 2007-
Page 5
any necessary conditions, would be consistent with the essential purposes or intent of this section.
The City's Police Department shall create an application form that implements the waiver
application.
g) Fees. Fees for permits, applications, and inspections by the City shall be set by
Resolution.
h) 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 Manager. The City Manager may
accept, reject, 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.
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
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Ordinance No. 2007-
Page 6
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.
Section 6. Effective Date. That this Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Weinberg, 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
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
yes
absent from the room
yes
yes
yes
yes
yes
who
The foregoing Ordinance was offered by Commissioner
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 Michael Stern
Commissioner Luz Urbaez Weinberg
Mayor Susan Gottlieb
6
Ordinance No. 2007-14
Page 7
PASSED AND ADOPTED on first reading this 11th day of September, 2007.
PASSED AND ADOPTED on second reading this 18th day of October, 2007.
Susan Gottlieb, Mayor
ATTEST:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
~hn~
City Attorney
7
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, Cit
TO: City Commission
DATE: July 26, 2007
SUBJECT: Proposed Dangerous Intersection Safety Ordinance (Red Light
Camera Enforcement Program)
1st Reading September 11, 2007 City Commission Meeting Agenda Item 2...:..J3
2nd Reading, October Z, 2007 City Commission Meeting Agenda Item ~
,g
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance creating
Article III of the City Code entitled "Dangerous Intersection Safety".
BACKGROUND
The purpose of the Ordinance is to authorize the use of an unmanned
cameras/monitoring system to promote compliance with red light signal directives 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 ninety (90) days 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.
EMS/act
Attachment
- CC01587-07
ORDINANCE NO. 2007-
~..>>-,
AN ORDINANCE OF THE CITY OF AVENTURA, 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. Dan2erous Intersection Safety. That the City Code of the City of A ventura
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 ofthe Ri2ht ofWav
***
Article III Dan2:erous Intersection Safety
Sec. 48-25. Intent.
<,~
Ordinance No. 2007-
Page 2
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
uniform traffic citations and the county courts when city police personnel decide not to rely on
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this article as the enforcement mechanism for a specific violation.
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Ordinance No. 2007-
Page 3
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 IMA GES. 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
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Ordinance No. 2007-
Page 4
(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 SYSTEMIDEVICE . 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.
,.--.
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Ordinance No. 2007-
Page 5
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
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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 Ninety Day notice; introductory period.
The Police Chief shall notify the City Manager when the red light camera system is
operating correctly at the initial location established. For the ninety days following said
notification, 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
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Ordinance No. 2007-
Page 6
shall receive a warning in the form of a courtesy notice of the violation. Commencing ninety one
days after the above referenced notification, 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, 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
incl ude:
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Ordinance No. 2007-
Page 7
(A) The name and address of the vehicle owner;
(B) The license plate number and registration number of the vehicle;
(C) The make, model, and year ofthe 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
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Ordinance No. 2007-
Page 8
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.
(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.
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(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.
.1"'-"
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Ordinance No. 2007-
Page 9
(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
,4~
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: (I) 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:
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Ordinance No. 2007-
Page 10
(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.
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.
10
Ordinance No. 2007-
Page 11
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( 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.
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.
As the violation relates to this article and not to the Florida Statutes, no points as otherwise
provided in F.S. 9 322.27, 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.
11
Ordinance No. 2007-
Page 12
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: I
Sec. 2-348. Schedule of civil penalties.
c"""""'""""
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
*** **** ***
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,
12
,/""-.0.,
Ordinance No. 2007-
Page 13
clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent
that this Ordinance shall stand not\\-ithstanding 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.
That this Ordinance shall be effective immediately
Section 6.
Effective Date.
upon adoption on second reading.
<~,,-.,
The foregoing Ordinance was offered by Commissioner Diamond, who moved its
adoption on first reading. This motion was seconded by Vice Mayor Stern, 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 Stern
Mayor Susan Gottlieb
yes
yes
yes
yes
yes
absent
yes
The foregoing Ordinance was offered by Commissioner
moved its adoption on second reading. This motion was seconded
and upon being put to a vote, the vote was as follows:
who
by Commissioner
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Mayor Susan Gottlieb
13
Ordinance No. 2007-15
Page 14
PASSED AND ADOPTED on first reading this 11th day of September, 2007.
PASSED AND ADOPTED on second reading this 18th day of October, 2007.
Susan Gottlieb, Mayor
ATTEST:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
CilYAtttf' ~ ~
14
Ordinance No. 2007-
.,,~
Page 15
Exhibit "A"
Signage shall use the following language written so that it may be readily observed from the
adjacent roadways:
NOTICE OF TRAFFIC MONITORING
ALL PERSONS ARE HEREBY ADVISED THAT CERTAIN INTERSECTIONS
WITHIN THE CITY ARE SUBJECT TO RED LIGHT TRAFFIC SIGNAL
ENFORCEMENT BY PHOTOGRAPHIC MEANS AND THAT NOTICES OF
VIOLATION MAY BE ISSUED TO VEHICLE OWNERS AND/OR OPERATORS FOR
THE VIOLATION OF TRAFFIC SIGNALS, PURSUANT TO THE CITY'S CODE
ENFORCEMENT SYSTEM.
A VENTURA POLICE DEPARTMENT
d~
""~
15
-~~~
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City
DATE: September 27,2007
SUBJECT: Ordinance Amending 2007/08 Budget
1st Reading October 2, 2007 City Commission Meeting Agenda Item k::.F-
2nd Reading NO'iel"be~ 2007 City Commission Meeting Agenda Item ;J.. -c...
O<!-fubt r / D I ,;(() D ?
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance amending
the 2007/08 Budget to include three full-time and three part-time employees in the
budget as City employees previously included with the Severn Trent contract services
agreement for the Community Recreation Center.
BACKGROUND
As discussed at the September Commission Workshop Meeting, due to Severn Trent's
inability to come to terms with the City regarding the contract to continue services of
operating the Community Recreation Center, effective October 1, 2007 the employees
currently employed by Severn Trent will become City employees. This is recommended
to maintain services at the Center. The attached Budget Ordinance incorporates this
change and will result in a cost savings this fiscal year.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01593-07
-~...-.
ORDINANCE NO. 2007-_
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 2007-13 WHICH ORDINANCE ADOPTED A BUDGET
FOR THE 2007/2008 FISCAL YEAR BY REVISING THE
2007/2008 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the City and upon the recommendations of the City Manager (and the concurrence of
the Finance Support Services Director as to Accounting Principles), it is deemed
/~
necessary to adjust, amend and implement the 2007/2008 Operating and Capital
Budget as set forth in Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Commission hereby authorizes the amendment of
Ordinance No. 2007-13, which Ordinance adopted a budget for the 2007/2008 fiscal
year, by revising the 2007/2008 budget as set forth on the attached Exhibit "A" which
exhibits are deemed incorporated by reference as though set forth in full herein.
Section 3. The City Manager is hereby authorized to do all things necessary to
..-..
carry out the aims of this Ordinance.
~
Ordinance No. 2007-
Page 2
Section 4. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading and shall be applicable retroactively from and after
October 1, 2007.
The foregoing Ordinance was offered by Commissioner
, who moved its adoption on first reading. This motion was
seconded by Commissioner and upon being put to a vote, the vote
was as follows:
Commissioner Zev Auerbach
Commissioner Billy Joel
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
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 Billy Joel
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Mayor Susan Gottlieb
PASSED on first reading this 2nd day of October, 2007.
2
Ordinance No. 2007-_
Page 3
PASSED AND ADOPTED on second reading this 18th day of October, 2007.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEG~CIENCY:
~m V\
CITY ATTORNEY -
3
Budget Amendments
GENERAL FUND
v
Exhibit A
3112
1201
1401
2101
2201
2301
2401
5901
5450
225,000
808,531
6,500
61,853
99,760
151,354
32,518
1,500
4,500
1,391,516
-225,000
132,000
1,500
11,000
15,000
29,000
7,000
24,500
5,000
o
.,....., .
"$<<'" ...."..
Total Amendments
940,531
8,000
72,853
114,760
180,354
39,518
26,000
9,500
1,391,516
'"~
Pos. No.
5001
3004
5101
5201
5901
5401
5301
5601
5701-5710
5801
7701
7201
5901
1021
1031
1041
Position Title
Director of Community Services
Executive Assistant
Public Works Operations Manager
Parks and Recreation Services Supt
Recreation/Cultural Activities Programmer
Maintenance Worker
Engineer Tech/CAD Operator
Park Supervisor
Park Attendant (PIT)
Park Attendant (FIT)
Facilities Manager
Security Guardnnfo Officer
Parks and Recreation Activites Manager
CRC Manager
CRC Assistant Manager
CRC Supervisor
Total Full Time
Total Part time
..........................,...,............
........-..".... ....
................. ...
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................ .
............... ..
............ ..
............... ..
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...1111..'......,.,.,.....\/.................
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Page 1 of 1
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17
14
.
/
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miarni, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V, FERBEYRE, who on oath says that he or she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisenu:lni of Notice in the matter of
CITY OF AVENTURA
NOTICE OF PROPOSED ORDINANCE
in the XXX X Court,
was published in said newspaper in the issues of
10/04/2007
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class rnail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securin3~ 7" ~vertise nt publication in the said
newspap~
---,,------_..._.__._~~--_.
Sworn to and subscribed before me this
04 day of OCTOBER
,A.D, 2007
L'~~-
(SEAL)
O.V. FERBEYRE personall/C~ g~ H Mermer
,'!J _ j .; My Commlllion DD338559
01"" E.- July 18. 2008
CITY OF AVENTURA
PUBLIC NOTICE OF
~~..D .C)RDINANCE
NOTICE IS HEREBY GIVEN thaton ThurSday', the 18th day of Octot>8'r.'
2607, at a meetinQ,9fJt\t '.C;~lI'TII:nissiqn of ~Clty of Aventura to be
held at 9:00 a.m," - 'veC~r~"flOom in the ,lWentura
~~ve~.ent. efn~~dC:'(:r~f":raf;=
OrdinanceS on ' "
"LAND E ,.t~'. , .)(1
"DEVELOPMENT STANDARDS OF GENERAL APPUeA8IL-
rrv", BY CRMTING ~CTlQli&at-a42..~'~ SAFETY
RADIO SYSTEM PROTE~ON:~i .'f0 ". Pf'OTECT RADIO
COMMUNICA110NS FOR PU8IJCsAFEtY IN THE CfTY;
PROVIDING FOR N-PUCABlLlTYi ~OVlDlNG FOR
SEveRABILITY;" PAoYIDlNG'FOR INCL~ IN, CODE;
PAOVlDl,tGr=oR PENAL TV; AND PROViDING FOR AN
EFFECTIVE DAft.
AN O~ OF THE CfTY CO~OFTHE CfTY
OF A~ FLOFUDA" AMENDING ORDlNANC~ NO.
2007.13~ ORDINANCE ADOPTED A BUOGE1'J.:QR
THE ~~ALYEAR BY RI!\fI$ING THE 2007"'\
FlSCAl~~11NGAND~8UDGE'fM. "
OUTlINED IN....,.~A.AlTACHEDl1ERETO;~
IZINGTHIi;~! MANAQER TO DO ALLl'HINGS, NECES-
SARY TO ~RR", OUT THE AIMS OF THIS ORDINANCE;
PROVIDING fOII'Nf s;FI:CTlVE DATE.
The proposed Ordfnances maybeinsp8cted by the public aHhe Office of
the City Cie11t. 192OQ,; West. CQlintly Clubprive. . AventlJra;, Florida.
Interested parties~'Ippear at the Public He&rin9Md be heard""
respect to the propO$ed Ordinances. Any person WiShing to address the
City Commission on any item at this PubliC Hearing may do so after1tie
Mayor opens the public hearing.
- '
In aCcordancewitb the Amelicans with Disabilities Act of 1990, a"
persons who are disabled anclwho .need special accommodations-to
participate in this proceeding becauSe of that disability should contact
the OffICe of the City Clerk. ~-466-8901. not later than two busineSs
days prior to Sucl\proceedings. '
It a per$Ol\ <ktcides to appeal any decisionm8de.by the City CommisSion
with ~fl>~lJ\y l1)8tter considered at a . meeting ,or hearing, ttiaf
person Wlltneed a record of the proceedings and. for such purPose. may
need ~o enstIf8' that a verbatim record of tl1e.proce8c:llng$ is ~. which
recordmcludes the testimOny 8n(tevidence llPOfl. ~ theappe8listo
be based.
10/4
Teresa M. Sotbka.!o'MCelty Clerk ,
07-4-143l899411M