Ordinance 13-2006ORDINANCE NO. 13-2006
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA REPEALING
ARTICLE IV, CHAPTER 86 (THE TRAFFIC LIGHT SAFETY ACT) OF THE
LONGWOOD CODE OF ORDINANCES; ADDING NEW ARTICLE IV,
CHAPTER 86 OF THE LONGWOOD CODE OF ORDINANCES
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 Longwood 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;
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 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 (unmanned cameras);
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;
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 consistent with State law;
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;
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WHEREAS, the City's prior Article IV, Chapter 86 enacted pursuant to Ordinance No.
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 LONGWOOD, 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 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.
(d) This Ordinance preserves the City Commission's ability to control the timing of the
commencement of the City's use of traffic infraction detectors in the manner
contemplated by this Ordinance and the Mark Wandall Traffic Safety Act by
retaining with the City Commission the authority to select and approve contracts
with vendor(s) supplying traffic infraction detectors and related equipment and
services.
Section 2. Repeal of Prior Chapter 86 of the Longwood Code.
Article IV of Chapter 86, as enacted by Ordinance No. 09-1887, is hereby repealed in its
entirety and replaced with new Article IV of Chapter 86 as set forth herein.
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Section 3. Longwood Traffic Light Safety Act
New Article IV, Chapter 86 of the Longwood Code of Ordinances is hereby enacted as set
forth herein:
erade. curves. corners. traffic, actual and potential hazards, and all,
other attendant c•1_ It c 1 ' • as not to endanizer themor
properly of •
--
connection of / • 1' or 1.1' I'1 the lateral
boundary lines, of the roadw= of two roads which join or intersect
one another at. or approximately at, right angless or the area within
which vehicles traveling upon different roads joining at any other
am.•.0 ,i conflict.
• • •
• / •
jC4L—JYD-dce--aLJaakoubn—jmtans—a—notice issued for a violation of
. 1 or 1 • light violation),
maybe amended or transferred from time io time.
:Cpj---Dmml it- -identified by the Florida
Department of Highway Safety and Motor Vehicles, or other state
vehicle reiistration office, as the registered owner of a vehicle, Such
term shall also mean - lessee of motor ve1 12ursuant to a lease •
!1 •nths or m •
ff) Recorded imaaes mciijis images reci2rded by a traffic infraction
! • ! • 1 It ' e 1 • • 1 •HUMS 119MIM, •
. 1 F,, Stat., (ie. state statutes addressing obedience •
traffic control devices 1 ! driver behavior u• • facing a trafflc•t •
device emitting a steady red signal) as may be amended or
transferred from time to time.
(hl Traft control aq al means a device exhibiting different colored lights
• • • 1 • •1_ !1' •
• 11 • ! • 1 1- ' _ 1 1 • _ " 1 • . - 11 ) ' 1
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indicate and apply to drivers of motor vehicles as provided in Fla. Stat.
4316,075,
(i) 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 accuratcly.
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 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 steady red light.
(j) Traffic infraction enforcement officer means the City Police
Department employees) 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 Signals. 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.
S 86-124. Use of Traffic Infraction Detectors. The City is authorized to
use recorded images from traffic infraction detectors as a supplemental
means of monitoring compliance with 44 316.074(1) and 316.075(1)(c)1..
Fla. Stat.. 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 Chanter 316, Florida Statutes. This Article 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.
-125. Introductory -Period. Anv time the Citv installs a traffi
infraction detection device at an intersection or transfers a traffic infraction
detection device to another intersection. the Cijy 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 penal . 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
tq be enforced by law enforcement officers at any time in accordance with
other traffic enforcement techniques authorized by Chapter 316. Fla. Stat.
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meet the requirements of & 316.0083()(d). Fla. Stat.. 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.
86-130, 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,
and the signage shall include specific notification of traffic infraction detector
enforcement of right hand turns. Signage shall meet the specifications for
uniform sienals and devices adopted by the Department of Transportation
rsuant to Fla. Stat. & 316.0745.
& 86-131. Authority of City Administrator to Promulgate Rules and
Procedures to Implement 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 Citv
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: provided however. the City Commission reserves the
authority to initially select and approve contracts with the vendor(s)
Droviding traffic infraction detectors and to adopt the resolutions referenced
in this Article.
4 86-132. 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 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
4 86-133. Challenge to Notice of Violation. A challenge to a Notice of
Violation or citation issued for a red light violation shall be in the manner
required by the Mark Wandall Traffic Safety Act as codified in Chapter 316,
Florida Statutes (the "Act"), as may be amended from time -to -time. and the
provisions of the Act relating to the procedures for challenging a notice of
violation or citation. including Fla. Stat. § 316.0083(5) are incorporated
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4 86-134. 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 Chapter 316 Florida Statutes gnd other state
uniform traffic laws and. whenever practicable, shall not be interpreted in a
manner that would render it incompatible or in conflict wWgeneral law. If
any provision of this Article unavoidably conflicts with state law peLwning
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. 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 5. Conflicts and Repealer. 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. Effective Date. This Ordinance shall take effect upon adoption.
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FIRST READING: MaU SQ 1.3
SECOND READING AND ADOPTION on this day of 2013.
CITY COMMISSION
CITY OF LO GWOOD, FLORIDA
c-
rian Sackett, Mayor
ATTES
arah M. Mirus, MMC, MBA, City Clerk
Approved as to form and legality for the use and reliance of the City of Longwood, Florida only.
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