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Ordinance 11-1968 - Failed to Pass ORDINANCE rq ®o 11-1968 Alai ORDI RNANCi OF THE CITY OF L®INIGWO®D, FLOWDA REPEALING ARTICLE RV, (CHAPTER 86 (THE TRAFFIC LRGHTi SAFETY ACT) OF THE LONGWOOD CODE OF ORDINANCES; ADDING NEVU ARTICLE RV, CHAPTER 86 OF THE LONGWOOD CODE OF ORDINANCES IIMPLEMENTi RMG THE CII T X °S AIITi ®PLATED TRAFFIC IINFRACTi'II ®hi ID TECTIION AND ENF®RCE1vIIENTi SYSTEP![ II�i ACCORDA14CE WITH THE FLORIDA MARK WANDALL TRAFFIC SAFETY V ACT; AND PRUVRUIIN Qx FOR C0NFLIICTS, C0DIIFIICATIION, SEVE PUB ILITV AND AN Eli 1 E C T RVE DAT E. WHEREAS, the City of Longwood is vested with home rule authority pursuant to Article VI1, Section 2 of the Constitution of the State of Florida and Chapter 166, Florida Statutes, to enact ordinances; WHEREAS, the City of Longwood 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; 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; WHEREAS, apprehending violators of traffic signals through haw 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 (unmanned cameras); WHEREAS, local governments in- different parts of the State and ration have demonstrated that the combination of traffic infraction detectors with traditional traffic law enforcement methods enhances vehicular and pedestrian safety; WHEREAS, the use of traffic infraction detectors is an effective means of enforcing traffic signal control laws; WHEREAS, the City desires to reduce the number of violations of traffic light signals within the City by installing traffic infraction detectors and implementing compatible enforcement procedures; WHEREAS, this ordinance is authorized by the Mark Wandall Traffic Safety Act, as set forth in Section 316 Florida Statutes, which recognizes the rights of'municipalities to utilize traffic infraction detectors to regulate municipal traffic; Page 1 of 7 t zVJI-IER EAS, the City's prior Article IV, Chapter 86 enacted pursuant to Ordinance 09- 1887 has become obsolete with the state legislature's 2010 enactment of the Mark Wandall Traffic Safety Act (Chapter 2010 -80, Laws of Florida) and must be repealed and replaced with this ordinance bringing the City's Code of Ordinances into conformity with such Act; and WHEREAS, the City of Longwood 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 iLONGWOO©, FLORIDA: Section 1.]Legislattve Findings and Purposes. (a) The foregoing recitals are hereby adopted as the legislative findings of the City Commission of the City of Longwood 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 directives, and to adopt a local automated enforcement system for red light signal violations, all in accordance with general law. (c) This Ordinance will 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 traditional statutory traffic enforcement techniques as authorized by Chapter 316, Florida Statutes. Section 2. Repeal of Prior Chapter 86 of the Longwood Code. Article IV of Chapter 86, as enacted by Ordinance 09- 1887, is hereby repealed in its entirety and replaced with new Article IV of Chapter 86 as set forth herein. Section 3. Longwood Traffnc Light Safety Act. New Article IV, Chapter 86 of the Longwood Code of Ordinances is hereby enacted as set forth herein: 86 -122. Definitions (a) Careful and Prudent Manner shall mean having regard for width, grade, curves, corners, traffic, actual and potential hazards, and all Page 2 of 7 other attendant circumstances so as not to endanger the life, limb or _ property of any person. (b) 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. (cl Motor vehicle is as defined in Fla. Stat. § 316.003 (21) or any successor provision. (d) Notice of Violation means a notice issued for a violation of § 316.074(1) or § 316.075(11(c)1., Fla. Stat. (20101 (i.e., a red light violation) as may be amended or transferred from time to time. (e) 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. l Recorded images means images recorded by a traffic. infraction detector including but not limited to photographic images, electronic images or streaming video images (g) Red light violation means a violation of § 316.074(1) or § 316 075(11(c)1 Fla. Stat. (2010) (Le., state statutes addressing obedience to traffic control devices and driver behavior upon facing a traffic control device emitting a stead red ed signall as may be amended or transferred from time to time. (h) Traffic control signal 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 which indicate and apply to drivers of motor vehicles as provided in Fla. Stat. § 316.075. W Traffic infraction detector means a vehicle detection system authorized by § 316.0083 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 Page 3 of 7 sec. uenced photographic or electronic images and /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 stead red ed light. (J) Traffic infraction enforcement officer means the City Police Department employee(s) designated and qualified pursuant to 316.640, Fla. Stat., and § 86 -127 herein, to review recorded images and issue notices of violation based on those images. 86 -123. Adherence to Red ]Light Traffic Control Signalls, All motorists in the City of Longwood shall obey traffic signals within the City as required by state law and shall not commit any red light violations as defined in this Article or in state statutes. 86 -124. Use of Traffic Rnffrt action Detectors. The City shall utilize recorded images from traffic infraction detectors as a supplemental means of monitoring compliance with §§ 316.074(1) and 3.16.075(1)(c)1., Fla. Stat. (2010), as such may be amended or transferred from time to time, related to traffic control signals and as an ancillary deterrent to red light 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. § 86 -125e 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 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 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. 86 -126. Penalties for Fanllure to Adhere to Iced ]Light Traffic Controll Si -naffs. A red light violation established by a traffic infraction detector shall be enforced pursuant to this Article and applicable state law and assessed a penalty as authorized by statute. 86 -127. Enforcement of Adherence to Red ]Light Control Signals Using Traffic linffraction Detectors. Page 4 of 7 (a The chief of police or one or more of his/her 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 and the proper functioning of the traffic infraction detectors at the time recorded images are captured. (b) Recorded images will be taken of motor vehicles that commit a red light violation at intersections where working traffic infraction detectors are located. (c) 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 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. (d) If the traffic infraction enforcement officer is satisfied that the criteria in subpara rg anh (c) of this section have been met, a 'Notice of Violation shall be sent as prescribed by § 316.0083. Fla. Stat. (2010) . as maybe amended or transferred from time to time. (e) If the owner of a motor vehicle receives a Notice of Violation and fails to pay the penalty provided for in Fla. Stat. § 316.0083 or to provide an affidavit of non - responsibility meeting the requirements of Fla. Stat §316 0083 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 -- § 316 0083 Fla. Stat, the Uniform Traffic Citation shall be ''issued no later than sixty(60) days after the red light violation occurs. § 86 -1-28. MoUce of Violation. The Notice of Violation shall comply with the�reauirements for notices of violation prescribed by the state legislature in § 316.0083(1).(b) Fla. Stat. (2010) as may be amended or transferred from time to time. 86-129. Affidavit of Non-responsibility. An affidavit. of non - responsibility proffered as a defense to an alleged red light violation must meet the requirements of § 316.0083 f 1) (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 Page 5 of 7 is a misdemeanor of the second degree, punishable as prescribed by general 1 aw. 86-130. Sianaae. 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 maybe in use at the intersection, and the signage shall . include specific notification of traffic infraction detector enforcement of right hand turns. Signage shall meet the specifications for uniform signals and devices adopted by the Department of Transportation pursuant to Fla. Stat. § 316.0745. § 86 -1131. Auuthornty of Cnty Administrator to ProunulLyate Rules and Procedures to lm)glleunent this Ordinance. The City Administrator is authorized to implement the provisions and requirements of the Mark Wandall Traffic Safety Act and this Article within the jurisdiction of the City in coordination with the Chief of Police or other designee. The City Administrator shall also have the authority to promulgate policies and procedures to implement this Article 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. 86 -1132. Ad Assi1DllfllU of Recorded Iunages in Enfomcennent Puroceednngs. The recorded images attached to or referenced in a Notice of Violation or Uniform Traffic Citation are evidence that a red light violation has occurred, are admissible as evidence in any proceeding to enforce this Article, 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 violation. § 86 -133. Compliance with State Law. The provisions of this Article are intended to be sup2lemental and complimentary to Florida's Mark Wandall Traffic Safety Act as codified in Chanter 316, Florida Statutes 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 4. Severahallnty. 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. Page 6 of 7 Section S. Conflicts and Repealeli. To the extent this Ordinance, or any provisions thereof, conflict with any previously enacted Ordinances of the City of Longwood, Florida, this ordinance shall control only to the extent any such conflict(s) exists. Section 6. Codification. Section 3 of this Ordinance shall be codified as a part of the Code of Ordinances of the City of Longwood, Florida, such provisions may be renumbered or re- lettered to accomplish such intention, and the word "Ordinance °, or similar words, may be 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. Section 7. Effectnve DMe. This Ordinance shall take effect upon adoption. FIRST READING: SECOND READING AND ADOPTION on this day of 2011. CITY CO lei NS5101 i CITY OF 1ONGWO ®D ➢ FLORIDA Joseph Durso, Mayor ATTEST: Sarah M. Miruus, MMC, MBA, City Clerk Approved as to form and legality for the use and reliance of the City of Longwood, Florida only. Daniel W. Langley, City Attorney Page 7 of 7