Ordinance 09-1887 ORDINANCE r~o. a9-1ss7
AN ORDINAl~TCE O:F' THE CITY OF LONGWOOD, FLORIDA;
RELATING TO TRAFFIC LIGHT' SAFETY; ADDING A NEW
ARTICLE IV TO CHAPTER 86 OF T:EIE CODE OF ORDINANCES OF
THE CITY OF L0NG`V4~OOD ENTITLED "TRAFFIC LIGHT SAFTEY
ACT"; PROVIDING DEFINITIONS>, INTRODUCTORY PERIOD,
NOTICE OF VIOLATION/INFRACTION, APPEAL PROCEDURE,
PENALTIES AND EXCEPThONS; PROVIDING FOR
CODIFICATION, SEVERABILITY AIJD AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY CONINIISSION OF THE
CITY OF LONGWOOD, FLORIDA:
Section 1. Article IV, Sections. 86-122 througl-e 86-136, Code of Ordinances, are hereby
created to read:
Chapter 86 Traffic and Motor Vehicles
Article IV. Traffic Light Safety Act
Sec. 86-122. Intent.
The purpose of this act is to authorize the use of umnanned cameras/monitoring systems to
promote compliance with red light signal directives as proscribed by this act, and to adopt a
civil enforcement system for red light signal violations. Tlus act will supplement law
enforcement persomlel in the enforcement of red light signal violations aald shall not prohibit
L'' law enforcement officers from issuing a citation fir a red light signal violation in accordance
with nornial statutory traffic enforcement teclu~iques.
Sec. 86-123. Use of image capture technologies.
The City shall utilize illiage capture teclulologies as a supplemental means of nloiutoring
compliance with laws related to traffic control signals, while assisting la~~~ enforcement
persom7el 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 laws related to red light signal violations ar conflict with such laws. The City shall
utilize image captlrre teclulologies as an vlcillary deterrent to traffic control signal violations
aild to thereby reduce accidents alld injuries associated with such violations. Notices of
infractions issued pursuant to this act shall be addressed using the City's o~~1 hearing
officer/Code Enforcement Board ~u7d not uiuform t:,affic citations or county courts.
Sec. 86-124. Definitions.
The following definitions shall aphly to this act.
Hea~•ing officef• shall mean the City's code enforcement hearing officer.
Code Enfo~•cenaent Boa~•d shall mean the City's Code Enforcement Board.
Intef•section shall mean the area embraced within the prolongation or connection of the lateral
curb line; or, if none, then the lateral boundary line:;, of the roadways of two roads which join
~y
r
Ord. 09-1887, page 2
or intersect one another at, or approximately at, right angles; or the area, within which
vehicles traveling upon different roads joiiing at any otlZer angle may come in conflict.
Motor vehicle shall mean any self-propelled vehicle not operated. upon rails or guideway, but
not including any bicycle, motorized scooter, electric personal assisted mobility device, or
moped.
Notice of infraction shall mean a citation issued for a red zone infraction.
Owner/vehicle owner shall mean 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 teen shall also mean a lessee of a motor vehicle pursuant to a lease of six months or
more.
Recorded i»~ages shall mea~1 images recorded by a traffic control signal monitoring
system device:
(1) On:
Two or more photographs, or
Two or snore electronic images; or
Two or more digital images, or
Digital or video tliovies or
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 gone infraction shall mean 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 suc11 vehicle's direction of travel
was emitting a steady red sig~lal.
Traffic control signal shall mean a device exlibiting 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 anal apply to drivers of motor vehicles as provided in F.S. §
316.075.
Ti~affi.c control signal monitoring syste~s2/device shall mean an electronic system consisting of
one or more vehicle sensors, working in conjunction with a traffic control signal,, still cameras
and video recording device, to capture and produce recorded images of motor vehicles
entering an intersection against a steady red light signal indication.
Sec. 86-12~. Adherence to red light traffic control signals.
Motor vehicle traffic facing a traffic control signal's steady red 1ig11t 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, or if none, at the point nearest the intersecting roadway where the driver has a view
Ord. 09-1887, page 3
of approaching traffic on t11e intersection roadway before entering thevatersection in
obedience of a steady red traffic control signal, inay make a right turn (unless such turn is
otherwise prohiL-ited 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. 86-126. Violation.
A violation of this act, kaiown as a red zone infraction, shall occur when a vehicle does not
comply with the requirements of section 86-125. Violations shall be enforced pursuant to
section 86-128 herein.
Sec. 86-127. Six-month notice; introductory period.
For the first six months of this article, unless the driver of a vehicle received a citation from a
police officer at: the time of a red zone ulfi~action i.n accordance with normal traffic
enforcement teclnziques, the vehicle ow~ler shall receive a courtesy notice of the violation.
Connnencing six months after the effective date cif the act., the vehicle owner is subject to the
enforcement provision as provided 1lerein.
Sec. 86-128. Review of recorded images..
(a) The owner o:F the vehicle observed. by record~,d images conunitting a red zone infraction,
shall be issued a notice of infraction. The recorded image shall be sufficient grounds to
issue a city notice of infraction.
(b) The City shall designate a traffic control infraction :review officer, who shall meet the
qualifications set forth in F. § 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 of violatioi~/infraction to ensure accuracy and the integrity of the recorded in7ages.
The traffic control infraction officer shall also verify that the traffic control monitoring
system/devices that captured the recorded images was functioiung properly at the time
the recorded :images «~ere captured. Ch1ce the traffic control infraction review officer has
verified the accuracy of the recorded images and functionality of the traffic control
monitoring systen~/devices, he or she sh~11 complete a report, and a notice of
violation/infraction shall be sent to the vehicle owner at the address on record with the
Florida Department of Highway Safety and Motor Vehicles any other state vehicle
registration oi:fice.
Sec. 86-129. Notice of violation/infraction.
The notice of violatioi~/uifraction shall includes
(1) The mane and. address of the vehicle owner;
(2) The license plate number and registration nwnber of the vehicle;
The make, model, and year ol.'the vehicle;
(4) Notice that the violation charged is pursuant to this act;
The location of t11e intersection where the violation occurred;
(6) The date and time of the red zone infraction;
(7) hTOtice that the recorded imao;es relating to the: vehicle and a statement that the recorded
images are evidence of a red zone infraction;
(8) The civil penalty imposed;
Ord. 09-1887, ~a~P 4
(9) Images depicting violation;
(10) The procedures for payment of the civil penalty and contesting the notice of infraction;
(11) A signed statement by the traffic control infraction officer that, based on izlspection of ~
recorded images, the vehicle was involved in a red zone uifraction;
a. Information advising the person alleged to be liable under this section, the mamler
and time in which liability as alleged in the notice of infraction may be appealed
and wanting that failure to pay the civil penalty or to contest liability in a timely
maiuler is an admission of liability.
Sec. 86®130. Vehicle owner responsibilities.
A vehicle owner receiving a notice of infraction may, within 21 days of the date of the notice
of infraction:
(1) Pay the assessed civil penalty pursuant to instructions on the notice of infraction; or
(2) Request an appeal pursuant with procedures as outlined in this act.
The failure to comply with the provisions of this section within 21 days from the date of the
notice of infraction shall constitute a waiver of the right to contest the notice of infraction and
will be considered an admission of liability.
Sec. 86131. Appeal to hearing officer/Code Enforcement Board.
A~iy person found in violation shall have the option to an appeal hearing before the Code
Enforcement Board. Such appeal shall fall under the provisions of Longwood City Code
Article VI, Division 2. The City's code enforcement hearing officer/Code Enforcement Board
is authorized to consider appeals under this chapter within 21 days of the date of the notice of ~
infraction, the vehicle o«~ner may file an appeal with the City pursuant to the directions in the
notice of infraction. A hearing on the appeal shall be scheduled for all appeals.
(1) Upon receipt of the appeal, the City shall schedule .a hearing before the hearing
officer/Code Enforcement Board to occur not later than 60 days after City's receipt of the
appeal request. 1\TOtice of hearing shall be provided to the vehicle owner no less than ten
days prior to the hearing, and shall be delivered via certified U.S. mail to the same
address to which the notice of infraction was sent..
(2) The following shall be permissible grounds for an appeal:
a. At the time of the infraction, the vehicle was not udder the care, custody, or
control of t11e vehicle owner or an individual with vehicle owner's consent,
established pursuant to affidavit as provided in section 86-132;
b. The motor vehicle driver was issued a citation by a law enforcement officer,
which was separate and distvzct from the citation issued under this section, .for
violating the steady red traffic control signal;
c. The motor vehicle driver was required to violate the steady red traffic control
signal in order to comply with other goveining laws;
d. The motor vehicle driver was required to violate the steady red traffic control
signal in order to reasonably protect the property or person of another;
e. The steady red traffic control signal was inoperable or malfunctioning; or
f. Any other reason the hearing officer deems appropriate.
Ord. 09-1887, page 5
(3) The traffic control infiactioil review officer shall testify at the appeal. The vehicle ow~ler,
or his or her representative, may also presen~~: testimony a.nd evidence.
`o.. (4) Recorded images indicating 'a red zone infraction,. verified by the traffic control
infraction review officer, areadmissible in any proceeding before the City's hearing
officer/ Code Enforcement Board to enforce the provisions of this chapter, and shall
constitute prima facie evidence. of the violation.
(5) Unless an affidavit is provided puusuant to section 86-132, it is presumed 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 o~~mer's consent, was
operating the veliiele at the time of a red zone infraction.
Sec. 86-132. Vehicle owner affidavit of non-responsibility.
In order for the vehicle owner to establish that i:he motor vehicle was at the time of the red
zone infraction, in the care, custody; or control of another person without the consent of the
registered owner„ the vehicle o~,~~ner is required to complete an affidavit setting forth the
circumstances demonstrating that the motor vehicle wa.s not in the vehicle owner's care,.
custody or control, or that of a :person with vehicle owner's consent. The affidavit must be
executed in the presence of a notary, and iilchude:
(1) If kno~~n to the vehicle owner, the mine, address, arld the driver license number of the
person tvho leased, rented or otherwise had c~u•e, custody, or control of the motor vehicle
at the time of the alleged red zone infraction, wha shall upon positive .identification
receive the citation for violating the red zone; or
(2) If the vehicle was stolen, the police report indicating the vehicle was stolen at the time of
the alleged red zone infraction.
(3) The following language ul~mediately above. the signature line: "Udder penalties of
perjury, I declare that I have read the foregoing aff davit a11d that the facts stated in it are
tl•ue."
The vehicle owner may present an affidavit pursuant to this section, as a defe~lse ul any
proceeding before the hearing officer/ Codf~ Enfora~ment Board.
Sec. 86-133. Penalties. -
A violation of this act shall be deemed anon-criminal, non-~.noving violation for ~~hich a civil
penalty in the amount of $125.00 shall be assessed. As the violation relates to tlis act aid iiot-
the State Statutes, no points as provided in F.S. § 322.27 shall be recorded oi~,tlie driving
record of the vehicle owner or responsible party. LE'the person cited pays the civil penalty as
provided in this Section, he shall be deemed to 1'~ave admitted the infraction and to .have
waived hus right to a hearing on the issue of validity of the citation. : •
Sec. 86-134. Administrative charges.
In addition to the assessment pursuant to section 86.133 herein, admiiistrative charges in the
amount of the City's actual costs shall be assessed i:n the event of an unsuccessful appeal or
the necessity to institute collection procedures.
.
Ord. 04-1887; page 6
Sec. 86-13~. Collection of fines.
The City niay establish procedures for the collection of a penalty unposed herein, and may ~i
enforce such penalty by civil action in the filature of debt.
Sec. 86-136. Exceptions.
This act shall not apply to red zone infractions involving vehicle collisions or to any
authorized emergency vehicle responding to a bona fide emergency; nor shall a notice of
infraction 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.
Section 2. CODIFICATION
Codification of this Ordinance is hereby directed and authorized.
Section 3. SEVERABILITY
If any section, sentence, clause or plu-ase of this Ordinance is 11e1d to be invalid or
unconstitutional by any Court of competent jurisdiction, then said holding shall ill no way
affect~the validity of the remaining portions of this Ordinance.
Section 4. EFFECTIVE DATE
This Ordinance shall take effect innnediately upon its adoption.
(f' ~
FIRST READING: ~~-rc
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SECOND READING: ,~,QI`l ~ ~ 2D~
PASSED AND ADOPTED THIS ~~DAY OF A.D., 2009.
Briar D. Sa ett, Mayor
TES
Sarah M. Minus, CMC, City Clerk
Approved as to form and legality for the use and reliance of the City of Longwood, Florida,
only.
~f ~
Teresa S. Roper, City Attorney