WHEREAS, the City Commission wishes to utilize a code enforcement system to implement the local hearing process; and

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1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF COCOA BEACH, FLORIDA DELETING OBSOLETE PROVISIONS AND AMENDING THE CITY CODE BY AMENDING CODE OF ORDINANCES, ARTICLE III CHAPTER, TRAFFIC, ARTICLE III, INTERSECTION SAFETY, AS REQUIRED TO IMPLEMENT AN ACT OF THE FLORIDA LEGISLATURE[CS/CSHB], PROVIDING FOR UPDATED INTERSECTION SAFETY PROVISIONS AND PROCEDURES; USE OF A SPECIAL MAGISTRATE UNDER CODE OF ORDINANCES, PART II, CHAPTER, CONSISTENT WITH GENERAL LAW; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature passed CS/CS/HB during the Legislative Session authorizing local hearings for notices of violations connected with the use of red light cameras as traffic infraction detectors to enforce Chapter, the State of Florida Uniform Traffic Code; and WHEREAS, the Governor of the State of Florida signed CS/CS/HB into law on May,, resulting in CS/CS/HB, Laws of Florida, taking effect on July, which provides for updated intersection safety provisions and procedures; and WHEREAS, the use of a Special Magistrate allows citizens of the City of Cocoa Beach to have a process for contesting notices of violation issued related to red light violations separate from the traffic court process; and WHEREAS, the City Commission wishes to utilize a code enforcement system to implement the local hearing process; and WHEREAS, the City of Cocoa Beach wishes to remove obsolete provisions and amend its Code of Ordinances to implement the new provisions in CS/CS/HB, Laws of Florida. NOW THEREFORE BE IT ORDAINED BY THE CITY COMISSION OF THE CITY OF COCOA BEACH, FLORIDA, AS FOLLOWS: SECTION : Recitals Adopted. The forgoing WHEREAS clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION : Deletion of Obsolete Provisions. Sections - through - of Chapter (Traffic), Article III (Intersection Safety) of the City of Cocoa Beach, Florida Code of Ordinances are hereby deleted. SECTION : Updated Intersection Safety Provisions. Chapter (Traffic), Article III (Intersection Safety) the City of Cocoa Beach, Florida Code of Ordinances is hereby amended as follows:

2 ORDINANCE NO. Sec Purpose and intent. The purpose of this article is to specifically authorize the use of traffic infraction detectors, as permitted by general law as of the effective date of this ordinance or July,, whichever occurs later, within the city s jurisdictional limits. Sec Use of traffic infraction detectors. The city exercises its option under F.S..00 as of the effective date of this ordinance or July,, whichever occurs later, to use traffic infraction detectors within its jurisdiction to enforce F.S..0() or.0 ()(C), when a driver fails to stop at a traffic signal on streets and highways in the city s jurisdiction. The city may utilize traffic infraction detectors as a supplemental means of monitoring and assisting law enforcement personnel in the enforcement of compliance with laws related to traffic control signals as permitted and provided for by state law, which are designed to protect and improve the public health, safety, and welfare of the community and thereby reduce accidents, injuries and disruption of traffic associated with such violations. Sec Implementation of General Law and Designation of Local Hearing Officer. In accordance with the provisions of the Mark Wandall Traffic Safety Act as of the effective date of this ordinance or July,, whichever occurs later, the city authorizes the implementation of the provisions and requirements of Chapter.00, and Chapter.00, Laws of Florida. Effective July,, resulting in the city utilizing a Code Enforcement Special Magistrate to conduct hearings as required to enforce the provisions of the Mark Wandall Traffic Safety Act. Sec. - Use of Code Enforcement Special Magistrate. In accordance with the new provisions of the Mark Wandall Traffic Safety Act, as added to Chapter.00, the City may now use the provisions of Cocoa Beach Code of Ordinances, Part II, Chapter, Special Magistrate and all of the provisions thereto. Sec. - Penalty In accordance with the new provisions of the Mark Wandall Traffic Safety Act, CS/CS/HB, Chapter.00 and Chapter.00, as amended, Florida Statutes, new fines, fees and charges for a violation of the provisions of the Mark Wandall Traffic Safety Act, including but not limited to the costs of a special magistrate hearing are provided. The City will institute fines, charges and fees, as set forth in the new provisions of the Mark Wandall Traffic Safety Act, and will set other hearing costs and fees by separate resolution. Sec. -. through -- Reserved. Sec Intent. Page of

3 ORDINANCE NO. The purpose of this article is to specifically authorize the use of infraction detectors to promote compliance with red light signal directives, and to adopt a civil enforcement system for red light signal violations all in accord with general law, including Chapter -0, Laws of Florida () (the "Mark Wandall Traffic Safety Act" or the "Act.") 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 Use of infraction detectors. The city shall utilize traffic infraction detectors as pursuant to general law as a means of monitoring compliance with laws related to traffic control signals, while assisting law enforcement personnel in the enforcement of such laws, which are designed to protect and improve public health, safety and welfare. This section shall not supersede, infringe, curtail or impinge upon state or county laws related to red light signal violations or conflict with such laws. This article shall serve to enable the city to provide enhanced enforcement and respect for authorized traffic signal devices pursuant to F.S..00 and.00 (). The city may utilize traffic infraction detectors as an ancillary deterrent to traffic control signal violations and to thereby reduce accidents and injuries associated with such violations pursuant to F.S..00 and.00 (). Sec 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. Recorded images. Images recorded by a traffic infraction detector, which is operated in accordance with the Act. Red zone infraction. A traffic offense whereby a traffic infraction detector indicates a violation of section -. Traffic infraction enforcement officer. The city police department employee designated, pursuant to subsection -(b) herein, to review recorded images and issue red zone infractions based upon those images. Page of

4 ORDINANCE NO. 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..0. Traffic infraction detectors. A vehicle sensor(s) installed 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, or 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. Sec Adherence to red light traffic control signals. Pursuant to general law, motor vehicle traffic facing a traffic control signal's steady red light indication shall stop before entering the crosswalk on the near side of an intersection or, if none, then before entering the intersection and shall remain standing until a green indication is shown on the traffic control signal; however, the driver of a vehicle which is approaching at a clearly marked stop line, but if none, is approaching the crosswalk on the near side of the intersection or, if none, then is approaching the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection in obedience of a steady red traffic control signal, may make a right turn in a careful and prudent manner (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 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 section -. Violations shall be enforced pursuant to F.S..00. Sec Implementation of general law. Within the city, the city manager is authorized to implement the provisions and requirements of Chapter -0, Laws of Florida (), as may be amended from time to time, and may take any action which is necessary for such purposes. Sec Review of recorded images. (a) The owner of the vehicle which is observed by recorded images committing a red zone infraction, shall be issued a notice of violation (hereinafter also known as a "notice") no later than thirty () days after the red zone infraction occurs. The recorded image shall be sufficient grounds to issue a notice. (b) The city's chief of police shall designate one () or more traffic infraction enforcement officers, who shall be police officers of the city and who shall meet the qualifications set forth in F.S..0()(A), or any other relevant statute. The traffic infraction enforcement officer shall review recorded images Page of

5 ORDINANCE NO. prior to the issuance of a notice to ensure the accuracy and integrity of the recorded images. Once the traffic enforcement officer has verified the accuracy of the recorded images, he or she shall complete a report, and a notice shall be sent to the vehicle owner at the address on record with the Florida Department of Highway Safety and Motor Vehicles or the address on record with the appropriate agency having such information in another state. (c) If a vehicle owner receiving a notice fails to pay the penalty imposed by F.S..00 or to provide an affidavit that complies with the provisions of F.S..00 within thirty () days of the date the notice is issued, then a uniform traffic citation shall be issued to the vehicle owner as provided by general law. The uniform traffic citation shall be issued no later than sixty (0) days after the red zone infraction occurs. Sec Notice of red zone infraction. The notice of a red zone infraction shall be served via first class mail, and shall include: (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 of the vehicle; (d) Notice that the red zone infraction is pursuant to this article; (e) The location of the intersection or roadway where the red zone infraction occurred; (f) The date and time of the red zone infraction; (g) A statement that the owner has the right to review the recorded images that constitute a rebuttable presumption against the owner, together with a statement of the time and place or internet location where the evidence may be observed; (h) Images depicting the infraction; (i) Instructions on all methods of payment of the penalty; (j) A statement specifying the remedies available under F.S... (k) A statement that the owner must pay a penalty of one hundred fifty-eight dollars ($.00) to the city or provide an affidavit that complies with F.S..00 within thirty () days of the date the notice is issued in order to avoid court fees, costs, and the issuance of a uniform traffic citation. (l) A signed statement by the traffic infraction enforcement officer that, based on inspection of recorded images, the vehicle was involved in and was utilized to commit a red zone infraction. Sec Signage. Page of

6 ORDINANCE NO. 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 and shall include specific notification of intersection safety camera enforcement of violations concerning right turns. Such signage shall meet the specification for uniform signals and devices adopted by the Department of Transportation pursuant to F.S..0. Sec Reserved. Sec Vehicle owner affidavit of non-responsibility. (a) Pursuant to F.S..000()(d), the owner of the motor vehicle involved in the infraction is responsible and liable for paying the infraction issued for a violation of F.S..0() or F.S..0()(c), when the driver failed to stop at a traffic signal, unless the owner can establish that: () The motor vehicle was, at the time of the violation, in the care, custody, or control of another person without the consent of the registered owner; or () The motor vehicle passed through the intersection in order to yield right-of-way to an emergency vehicle or as part of a funeral procession; () The motor vehicle passed through the intersection at the direction of a law enforcement officer; () A uniform traffic citation was issued by a law enforcement officer to the driver of the motor vehicle for the alleged violation of F.S..0() or F.S..0()(c). The affidavit must be executed in the presence of a notary, and include: a. 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 b. If the vehicle was stolen, the police report indicating the vehicle was stolen at the time of the alleged red zone violation; and c. 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, within thirty () days from the date of notice of infraction, 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. Secs Reserved. Sec Penalty. Page of

7 ORDINANCE NO. A violation of this article, until such time as a citation is issued, shall be deemed a non-criminal, non-moving violation for which a civil penalty, as proscribed by F.S..00, shall be assessed SECTION : 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 : 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 City of Cocoa Beach, Florida Code of Ordinances, that the sections of this Ordinance may be renumbered to accomplish such intentions, and that the word Ordinance shall be changed to Section or other appropriate word. SECTION : Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. [This Ordinance shall be effective on July, ]. Upon Motion by Commissioner and Seconded by Commissioner, this Ordinance was duly adopted at a Regular Meeting of the City Commission of the City of Cocoa Beach, Florida, held on the day of,. Ayes: Nays Absent or Abstaining: _ Dave Netterstrom, Mayor-Commissioner ATTEST: _ Loredana Kalaghchy, MMC, City Clerk First Reading: Date Posted: Date Published: Page of