CITY OF DELAND FLORIDA REQUEST FOR COMMISSION ACTION OCTOBER Attachments. Approved. City Manager

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1 Department Legal SUBJECT Revision of Red Light Camera Ordinance CITY OF DELAND FLORIDA REQUEST FOR COMMISSION ACTION OCTOBER Attachments X Proposed Ordinance Prepared by Darren J Elkind Approved by at 4e Department Head City Manager SUMMARWHIGHLIGHT The City had previously adopted an ordinance to allow for the use of red light cameras Subsequent to the adoption of the Ordinance the State of Florida adopted the Mark Wandall Traffic Safety Program which established by statute the manner in which red light camera programs need to be operated It is necessary for the City to amend its Ordinance to conform to the state statute prior to operation of the red light camera program FISCAL IMPACT The adoption of this Ordinance is essentially a housekeeping matter which has no fiscal impact That said the Mark Wandall Traffic Safety Program as established by the State does result in revenue sharing which reduces income to the City but there is nothing which can be done in that regard RECOMMENDATION It is recommended that the City Commission approve this Ordinance

2 Page 2 of SUBJECT Revision of Red Light Camera Ordinance BACKGROUND DISCUSSION As the City s contractor gets closer to being able to begin installation of cameras it is necessary to get this bit of housekeeping out of the way The new ordinance as a result of State law is different from the previous ordinance in a couple of material respects The existing ordinance provided for a City hearing officer to hear disputes over citations The new ordinance provides for this to be done in the County Court The new ordinance also provides for issuance of a uniform traffic citation as authorized by State law which should increase the collection rate on citations The new ordinance preserves the ability to use cameras to enforce no turn violations

3 ORDINANCE NO 2011 AN ORDINANCE OF THE CITY COMMISSION OF DELAND FLORIDA AMENDING SECTION 28 TRAFFIC AND PARKING OF THE CODE OF ORDINANCES FOR THE CITY OF DELAND BY REPEALING SECTION RED LIGHT INFRACTIONS IN ITS ENTIRETY AND REPLACING IN ITS STEAD A NEW SECTION 2825 TRAFFIC CONTROL DEVICE INFRACTIONS BY IMPLEMENTING THE CITY S AUTOMATED TRAFFIC INFRACTION DETECTION AND ENFORCEMENT SYSTEM IN ACCORDANCE WITH THE FLORIDA MARK WANDALL TRAFFIC SAFETY ACT AND PROVIDING FOR CONFLICTS CODIFICATION SEVERABILITY AND AN EFFECTIVE DATE WHEREAS the City of DeLand is vested with home rule authority pursuant to Article VII Section 2 of the Constitution of the State of Florida and Chapter 166 Florida Statutes to enact ordinances and WHEREAS the City of DeLand is located in a high density traffic area and regularly experiences traffic incidents related to the failure of motorists to obey duly erected traffic control devices exposing its citizens to the dangers of personal injury and property damage and WHEREAS the City is concerned with the violation of State statutes concerning traffic signals specifically the failure of motorists to stop at red light signals and obey noturn signs and WHEREAS apprehending motorists who fail to obey traffic control devices through law enforcement observance chase and citation is difficult dangerous and expensive and requires the City to commit additional personnel that would not be necessary with the use of automated traffic infraction detectors with image capture technologies ie redlight cameras and WHEREAS local governments in different parts of the State and Nation have demonstrated that the combination of traffic infraction detectors with traditional traffic law enforcement methods enhances vehicular and pedestrian safety and WHEREAS the use of traffic infraction detectors is an effective means of enforcing traffic signal control laws and WHEREAS the City desires to reduce the number of violations of traffic control signals within the City by installing traffic infraction detectors and implementing compatible enforcement procedures and WHEREAS this ordinance is authorized by the Mark Wandall Traffic Safety Act as set forth in Chapter 316 Florida Statutes which recognizes the rights of municipalities to utilize traffic infraction detectors to regulate municipal traffic and

4 WHEREAS the current Section of the DeLand Code of Ordinances enacted pursuant to Ordinance has become obsolete with the Florida Legislature 2010 enactment of the Mark Wandall Traffic Safety Act Chapter Laws of Florida and must be repealed and replaced with this ordinance in order to bring the City s Code of Ordinances into conformity with Mark Wandall Traffic Safety Act and WHEREAS the City of DeLand finds that implementation of the enforcement program set forth in this ordinance will promote protect and improve the health safety and welfare of its citizens consistent with the authority of and limitations on the City pursuant to the Constitution of the State of Florida and the Florida Statutes NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELAND FLORIDA Section 1 Legislative Findings and Purposes a The foregoing recitals are hereby adopted as the legislative findings of the City Commission of the City of DeLand and incorporated into this Ordinance as if set forth herein b The purpose of this Ordinance is to authorize the use of traffic infraction detectors to promote compliance with red light signal and noturn directives and to adopt a local automated enforcement system for red light and noturn violations all in accordance with general law c This Ordinance will supplement law enforcement personnel in the enforcement of red light and noturn violations and shall not prohibit law enforcement officers from issuing a citation for a red light and no turn violations in accordance with traditional statutory traffic enforcement techniques as authorized by Chapter 316 Florida Statutes Section 2 Chapter 28 Traffic and Parking of the Code of Ordinances of the City of DeLand is hereby amended by repealing Section Traffic Infractions in its entirety and replacing in its stead a new Section 2825 Traffic Control Device Infractions to read in full as follows Sec Traffic Control Device Infractions a Intent and Purpose The purpose of this Ordinance is to authorize the use of camerasmonitoring systems to promote compliance with red light signal and noturn signs as set forth in this Ordinance and in accordance with Florida Statutes

5 b Definitions 1 Careful and Prudent Manner shall mean having regard for width grade curves corners traffic actual and potential hazards and all other attendant circumstances so as not to endanger the life limb or property of any person 2 Intersection means 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 3 Motor vehicle is as defined in Fla Stat or any successor provision 4 Notice of Violation means a notice issued for a violation of or lcl Fla Stat 2010 as may be amended or transferred from time to time 5 Owner means the person or entity identified by the Florida Department of Highway Safety and 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 6 Recorded images means images recorded by a traffic infraction detector including but not limited to photographic images electronic images or streaming video images 7 Red light violation means a violation of or c l Fla Stat 2010 ie state statutes addressing obedience to traffic control devices and driver behavior upon facing a traffic control device emitting a steady red signal as may be amended or transferred from time to time 8 Noturn violation means a violation of or cl Fla Stat 2010 ie state statutes addressing obedience to traffic control devices and driver behavior upon facing a traffic control device prohibiting turns at intersections as may be amended or transferred from time to time 9 Traffic control device means a device exhibiting different colored lights or colored lighted arrows successively one at a time or in combination using the colors green yellow amber and red traffic light or a sign which prohibits turns at intersections and which apply to drivers of motor vehicles as provided in Fla Stat

6 10 Traffic infraction detector means a vehicle detection system authorized by that is installed with absolutely no intrusion into the road surfaces and shall be certified as able to accurately reliably and consistently measure the speed of all oncoming vehicles to work in conjunction with a traffic control signal and a camera or cameras synchronized to automatically record two or more sequenced photographic or electronic images andor streaming video of only the rear of a motor vehicle at the time the vehicle fails to stop behind the stop bar or clearly marked stop line when facing a traffic control signal steady red light or makes a turn where a traffic control device prohibits such turning movement 11 Traffic infraction enforcement officer means the City Police Department employee s designated and qualified pursuant to Fla Stat and Section 2825g herein to review recorded images and issue notices of violation based on those images c Adherence to Traffic Control Devices All motorists in the City of DeLand shall obey traffic signals within the City as required by state law and shall not commit any red light violations as defined in this Section or in state statutes d Use of Traffic Infraction Detectors The City shall utilize recorded images from traffic infraction detectors as a supplemental means of monitoring compliance with and cl Fla Stat 2010 as such may be amended or transferred from time to time related to traffic control devices and as an ancillary deterrent to red light and noturn violations as authorized by Chapter 316 Florida Statutes This Ordinance shall not be interpreted to supersede infringe curtail or impinge upon any state laws related to red light violations or otherwise conflict with such laws e Introductory Period Any time the City installs a traffic infraction detection device at an intersection or transfers a traffic infraction detection device to another intersection the City may but is not required to establish by resolution a period of time defined as the Introductory Period for the purposes of acclimating motorists to the presence of traffic infraction detection equipment at such intersection During the Introductory Period red light and no turn violations captured on recorded images by a traffic infraction detector shall not be assessed a penalty The owner of the motor vehicle shall receive a courtesy notice of the violation Regardless of the implementation of an introductory period red light and noturn violations may continue to be enforced by law enforcement officers at any time in accordance with other traffic enforcement techniques authorized by Chapter 316 Fla Stat f Penalties for Failure to Adhere to Traffic Control Devices A red light or no turn violation established by a traffic infraction detector shall be enforced pursuant to this Section and applicable state law and assessed a penalty as authorized by statute II

7 g Enforcement of Adherence to Traffic Control Devices Using Traffic Infraction Detectors 1 The chief of police or one or more of his designees shall serve as a traffic infraction enforcement officer The traffic infraction enforcement officers shall be responsible for the accuracy and the integrity of the recorded images 2 Recorded images will be taken of motor vehicles that commit a red light violation or noturn violation at intersections where working traffic infraction detectors are located 3 The City s traffic infraction enforcement officer s shall review the recorded images to determine whether i there exists reasonable and probable grounds to believe that a red light or noturn violation has been committed ii the license plate number on the motor vehicle is visible in at least one of the recorded images and iii after taking into account all relevant facts and circumstances a notice of violation should be issued 4 If the traffic infraction enforcement officer is satisfied that the criteria in subparagraph g3 of this Section have been met a notice of violation shall be sent as prescribed by Fla Stat 2010 as may be amended or transferred from time to time 5 If the owner of a motor vehicle receives a notice of violation and fails to pay the penalty provided for in Fla Stat or to provide an affidavit of non responsibility meeting the requirements of Fla Stat within the time allotted for payment by statute after the notice of violation is issued then a Uniform Traffic Citation shall be issued to the owner of the motor vehicle As required by Fla Stat the Uniform Traffic Citation shall be issued no later than sixty 60 days after the red light violation occurs h Notice of Violation The notice of violation shall comply with the requirements for notices of violation prescribed by b Fla Stat 2010 as may be amended or transferred from time to time i Affidavit of Non responsibility An affidavit of non responsibility proffered as a defense to an alleged red light violation must meet the requirements of d Fla Stat 2010 as such statutory requirements pertaining to such affidavits may be amended or transferred from time to time An affidavit of non responsibility may be used as a basis for the issuance of a citation for the red light violation to a person identified in the affidavit as being in actual care custody or control of the motor vehicle at issue as permitted by statute Submission of a false affidavit is a misdemeanor of the second degree punishable as prescribed by general law

8 ICI j Signage When the City installs a traffic infraction detector at an intersection it shall erect signage at the intersection sufficient to notify the public that a traffic infraction detector may be in use at the intersection Signage shall meet the specifications for uniform signals and devices adopted by the Department of Transportation pursuant to Fla Stat k Authority ofcity Manager to Promulgate Rules and Procedures to Implement this Ordinance The City Manager is authorized to implement the provisions and requirements of the Mark Wandall Traffic Safety Act and this Section within the jurisdiction of the City in coordination with the Chief of Police or his designee The City Manager shall also have the authority to promulgate policies and procedures to implement this Section and the Mark Wandall Traffic Safety Act including installing and implementing traffic infraction detectors and promulgating the form of the notice of violation and affidavit of non responsibility 1 Admissibility of Recorded Images in Enforcement Proceedings The recorded images attached to or referenced in a notice of violation or Uniform Traffic Citation are evidence that a red light or no turn violation has occurred are admissible as evidence in any proceeding to enforce this Section and raise a rebuttable presumption that the motor vehicle identified in the recorded images and named on the notice of violation was used in committing a red light or no turn violation m Compliance with State Law The provisions of this Article are intended to be supplemental and complimentary to Florida s Mark Wandall Traffic Safety Act as codified in Fla Stat and other state uniform traffic laws and whenever practicable shall not be interpreted in a manner that would render it incompatible or in conflict with general law If any provision of this Ordinance unavoidably conflicts with state law pertaining to the enforcement of traffic laws and issuance of traffic citations state law shall control to the extent that any such conflict exists Section 3 Severability If any section subsection sentence clause phrase or portion of this Ordinance or application hereof is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion or application shall be deemed a separate distinct and independent provision of such holding shall not affect the validity of the remaining portions thereof to the extent practicable Section 4 Conflicts and Repealer To the extent this Ordinance or any provisions hereof conflict with any previously enacted Ordinances of the City of DeLand Florida this ordinance shall control only to the extent any such conflict s exists Section 5 Codification Section 2 of this Ordinance shall be codified as a part of the Code of Ordinances of the City of DeLand Florida such provisions may be renumbered or re lettered to accomplish such intention and the word Ordinance or similar words may be

9 changed to Section Article or other appropriate word The City Clerk is granted liberal authority to codify the provisions of this Ordinance as contemplated herein adoption Section 6 Effective Date This Ordinance shall take effect immediately upon its PASSED AND DULY ADOPTED this day of 2011 Robert F Apgar Mayor Commissioner ATTEST Julie A Hennessy City Clerk Auditor Passed on first reading Adopted on second reading APPROVED AS TO FORM AND LEGALITY Darren J Elkind City Attorney