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O-669-08 ORDINANCE NO. 669-08 AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES, FLORIDA; AMENDING THE VILLAGE CODE OF ORDINANCES, CHAPTER 15 "OFFENSES", BY CREATING SECTION 15-3," DANGEROUS INTERSECTION SAFETY", PROVIDING FOR RECORDED IMAGE MONITORING, PROVIDING FOR ENFORCEMENT OF RED LIGHT INFRACTIONS, PROVIDING FOR RELATED PROCEDURES AND PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the running of red lights and stop signs causes a safety hazard affecting every citizen and traveler in Miami Shores Village; and WHEREAS,the Village wishes to attempt to reduce the number of drivers running red lights and stop signs by creating an additional enforcement mechanism; and WHEREAS,it is in the best interest of the Village to enact this legislation, NOW,THEREFORE,BE IT ORDAINED BY THE VILLAGE COUNCIL OF MIANU SHORES VILLAGE,FLORIDA: Section 1. That the Code of Ordinances of Miami Shores Village, Florida, is hereby amended by adding a section to be numbered 15-3,which said section reads as follows: 15-3 Dangerous Intersection Safety 15-3.1 Intent. The purpose of this article is to authorize the use of an unmanned camera/monitoring system to promote compliance with red light signal directives and stop signs as prescribed by this section. This section will also supplement law enforcement personnel in the enforcement of red light signal violations and stop sign violation, and shall not prohibit law enforcement officers from issuing a citation for a red light signal violation or stop sign violation in accordance with other routine statutory traffic enforcement techniques. Use of Image Capture Technologies. The Village may 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 any jurisdiction of any other local governmental agency, including Miami-Dade County, with regard to traffic signal devices. This 1 section shall serve to enable the Village to provide enhanced enforcement and respect for authorized traffic control devices. The Village may utilize image capture technologies as an ancillary deterrent to traffic control violations and to thereby reduce accidents and injuries associated with such violations. Notices of infractions issued pursuant to this article shall be enforced through proceedings before the Village's Code Enforcement Board and not through uniform traffic citations or county courts. This shall not bar the use of uniform traffic citations and the county courts when police personnel rely upon other ordinances or statutes, as opposed to this article, as the enforcement mechanism for a specific violation. 15-3.2 Definitions. The following definitions shall apply to this article: INTERSECTION: The area embraced within the prolongation or connection of the lateral curb lines; 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 motor vehicle. Such term shall also include a lessee of a motor vehicle pursuant to a lease of six months or more. RECORDED IMAGES: Images recorded by a traffic control 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 (e)Any other medium that can display a violation; and (2)Which shows the rear of a motor vehicle and on at least one image,clearly identifies the license plate number of the vehicle. 2 RED ZONE INFRACTION. A traffic offense whereby a traffic control monitoring system established either that(1) a motor 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; (2) a motor vehicle entered an intersection without first coming to a full stop as required by a duly erected stop sign at the intersection facing the vehicle's direction of travel; or(3) a motor vehicle entered an intersection without first coming to a full stop as required 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 flashing red(stop) signal. CODE ENFORCEMENT.- The Village's Code Enforcement Board, as described in Chapter 2, Article IV of the Village Code. TRAFFIC CONTROL INFRACTION REVIEW OFFICER: The Miami Shores Police Department employee designated to review recorded images and issue notices of red zone infractions based upon those images. TRAFFIC CONTROL DEVICE: A stop sign, as such term is used in F.S. 316.123; or 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. §§ 316.075 and 316.076. TRAFFIC CONTROL MONITORING SYSTEM/DEVICE: An electronic system consisting of one or more vehicle sensors, working in conjunction with a traffic control device, still camera and video recording device, to capture and produce recorded images of motor vehicles entering an intersection against a steady/flashing red light signal indication or without lawfully complying with a stop sign. 15-3.3.Adherence to Traffic Control Devices. Motor vehicle traffic facing a traffic control device'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 3 other traffic proceeding as directed by the traffic control signal at the intersection. Motor vehicle traffic facing a stop sign shall comply with the provisions of F.S. § 316.123. Motor vehicle traffic facing a flashing red(stop) signal shall comply with the provisions of F.S. § 316.076. See. 15-3.4 Violation. A violation of this article, also known as a red zone infraction, shall occur when a motor vehicle does not comply with the requirements of Sec. 15-3.3. Violations shall be enforced pursuant to Sec. 15-3.6. Sec. 15-3.5 Thirty Day Notice;Introductory Period. The Police Chief shall notify the Village Manager when the red light camera system is operating correctly at each location established. For the thirty 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 owner of a vehicle determined to have committed a red zone violation at that location shall receive a warning of the violation of this Article 15-3, in the form of a courtesy notice of the violation. Commencing thirty 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. 15-3.6 Review of Recorded Images. (A) The owner of any vehicle which is observed on recorded images committing a red zone infraction, shall be issued a notice of violation (hereinafter also known as a "notice'). The recorded image showing such red zone infraction shall be sufficient grounds to issue a notice. (B)The Chief of Police shall designate one or more Traffic Control Infraction Review Officers,who shall be police officers of the Village or who shall meet the qualifications set forth in F.S. § 31 6.640(5)(A), or any other relevant statute. The Traffic Control Infraction Review Officers shall review recorded images prior to the issuance of a notice to ensure the accuracy and integrity of the recorded images. Once a Traffic Control Infraction Review Officer has verified the accuracy and integrity of the recorded images, he or she shall complete a report, and a notice shall be provided 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 provisions of Section 2-83 of the Village Code shall apply to the giving of such notice. 4 Sec. 15-3.7 Notice of Violation. The notice 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 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. 15-3.8 Vehicle Owner Responsibilities (A)A vehicle owner receiving a notice shall either: (1)Pay the assessed civil penalty pursuant to instructions on the notice; or (2)Request a hearing before the Code Enforcement Board to contest the notice within 30 days of the date of the notice. (B) The failure to either pay the assessed civil penalty or request a hearing before the Code Enforcement Board to contest the notice (as well as the failure to appear for any such hearing) 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. 15-3.9 Hearing Before the Code Enforcement Board. (A) The Miami Shores Village Code Enforcement Board is 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 Village shall schedule a hearing before the Code Enforcement Board pursuant to Chapter 2, Article IV of the Village Code and notice of such hearing shall be provided to the vehicle owner by regular mail at least 14 calendar days before the hearing. 5 (C) The hearing shall be held pursuant to the procedures set forth in Section 2-80 of the code of ordinances of Miami Shores Village. The Traffic Control Infraction Review Officer may testify at the hearing. The vehicle owner may cross-examine,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 Code Enforcement Board to enforce the provisions of this section,and shall constitute prima facie evidence of the violation. (E) Unless an affidavit is provided pursuant to 15-3.10, 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. 15-3.10 Vehicle Owner Affidavit of Non-Responsibility. (A) Motor vehicle owners shall not bear responsibility under this section for red zone infractions committed by drivers in possession of the owner's vehicle without the owner's consent nor by leassees under a written short term lease from a licensed car rental agency. (B) In order for the vehicle owner to establish that the motor vehicle, at the time of the red zone infraction, either: (1) was in the care, custody, or control of another person without the consent of the registered owner or (2) was subject to a written 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 of the notice of violation, to furnish to the Village, 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 veh i c a 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 6 (2) The name, address and driver's 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." (C) Upon timely receipt of a sufficient affidavit pursuant to this section, any prosecution of the notice issued to the vehicle owner shall be terminated. The Village may commence proceedings 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. See. 15-3.11 Administrative Charges. In addition to the penalty pursuant to Sec. 15-3.14 herein, administrative charges may be assessed against anyone found by the Code Enforcement Board to have violated this Article 15-3. Sec. 15-3.12 Collection of Fines. Collection of civil penalties and administrative charges assessed under this Article, 15-3, may be accomplished pursuant to Chapter 2,Article IV of the Village Code or through any other lawful means. Sec. 15-3.13 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 stop sign or red light indication for the same event or incident. Sec. 15-3.14 Penalty. A violation of this article shall be deemed a non-criminal,non-moving violation for which a civil penalty, as provided for in Sec. 15-3.17 shall be assessed. As the violation relates to this article and not to the Florida Statutes,no points as otherwise provided in F.S. § 322.27, shall be recorded on the driving record of the vehicle owner or responsible party solely based upon violation of this Article (but may be so recorded in the event of any court conviction based on violation of a Florida Statute). 7 Sec. 15-3.15 Enforcement. This article may be enforced by any other lawful means available to the Village. Sec. 15-3.16 Signage. The Village shall,to the extent practicable, cause to be erected and maintain signs providing notice of this article. Failure to erect, maintain or create these signs shall not invalidate or impair any enforcement of this article. Sec. 15-3.17. Schedule of Civil Penalties. TABLE INSET: Code Sec. Description of Violation Initial Civil Penalty 15-3.13 Violation of the Dangerous Intersection $125.00 first offense $250.00 second offense $500.00 each additional offense Section 2. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Ordinance,which shall be deemed to be severable therefrom. Section 3. All ordinances or parts of ordinances in conflict herewith or inconsistent herewith, are hereby repealed,but only insofar as such ordinances may be inconsistent or in conflict with this Ordinance. Section 4. This Ordinance shall become effective immediately upon adoption at second and final reading. PASSED on first reading this 7"' day of October,2008. 8 PASSED AND ADOPTED on second and final reading this 18th day of November ,2008. ATTEST: C Herta Holly,Mayor Barbara A.Estep, C Village Clerk APPROVED AS TO FORM: Richard Sarafan - Village Attorney 9