HomeMy Public PortalAboutOrdinance No. 2024-10 - Ordinance amending the city's code to create a new section entitled school zone speed limits to require enhanced enforcement of speed limitsSponsored by: Mayor Taylor
ORDINANCE NO. 2024-10
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AMENDING
CHAPTER 19, ARTICLE I, SECTION 19-9 OF THE CITY OF
OPA-LOCKA'S CODE OF ORDINANCES ENTITLED
"STREETS AND SIDEWALKS" TO CREATE A NEW
SECTION ENTITLED "SCHOOL ZONE SPEED LIMITS"
TO REQUIRE ENHANCED ENFORCEMENT OF SPEED
LIMITS WITHIN ROADS PROPERLY MAINTAINED AS
SCHOOL ZONES IN ACCORDANCE WITH CHAPTER
316, FLORIDA STATUTES AND AUTHORIZING THE
PLACEMENT AND INSTALLATION OF SPEED
DETECTION SYSTEMS ON ROADWAYS MAINTAINED
AS SCHOOL ZONES; PROVIDING FOR SEVERABILITY,
PROVIDING FOR CONFLICT AND REPEALER; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Opa-Locka desires to exercise its authority to authorize
placement or installation of speed detection systems to enforce applicable speed limits on
roadways maintained as school zones within areas of Opa-Locka; and
WHEREAS, on May 31, 2023, the Florida Legislature passed and the Governor
signed into law House Bill ("HB") 657 which provides that municipalities may enforce
the applicable speed limit within a properly maintained school zone through the use of
speed detection systems, and
WHEREAS, HB 657 authorizes municipalities to place or install, or contract with
an independent vendor to place or install, speed detection systems that will capture
photographic and video evidence to enhance enforcement of Florida Statute § 316.1896
and adherence to properly marked speed limits, and
WHEREAS, the Interim City Manager is hereby authorized to implement speed
detection systems areas of Opa-Locka consistent with the placement and installation
specifications established by the Florida Department of Transportation, as such may be
amended from time to time, to enforce unlawful speed violations, on roadways
maintained as school zones; and
WHEREAS, the City will conduct a public announcement and conduct a public
awareness campaign to inform the City residents of speed detection systems
implementation within Thirty (30) days following the passing of this ordinance and prior
to the enforcement under this program. During the 30 -day public awareness campaign,
Ordinance No. 2024-10
the City shall only issue warnings to the registered owners of vehicles that violated this
ordinance and Florida law concerning school zone speed limit enforcement. Promoting
and protecting the health and safety of our City residents is a priority especially in areas
frequented by youth and children; and
WHEREAS, to ensure a broad public awareness campaign, Staff may choose from
multiple media announcements and campaigns to inform the City residents of the new
speed detection system at a cost not to exceed Three Thousand Dollars ($3,000.00). This
will be funded by the Police Department Community Policing Account (26-521549) which
currently has available funding of Eight Thousand Dollars ($8,000.00). Once the system
is implemented and all speed detection systems are operable, the ongoing program will
be self -funded by the citations issued. Other than the cost of creating a public awareness
campaign, the City will incur no other expense; and
WHEREAS, in an effort to further the intent of this Ordinance, the Interim City
Manager is directed to take all reasonable steps to seek amendment of the contract with
Verra Mobility to add installation and operation of an automated speed detection and
enforcement systems pertaining to Opa-Locka school zones; and
WHEREAS, the City Commission finds that implementing School Zone Speed
Limits, as provided herein, is in the best interests of the City of Opa-Locka.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AS FOLLOWS:
Section 1. Adoption of Representations.
The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true, and the same are hereby made a specific part of this Ordinance.
Section 2. Amending Chapter 19, Article I, Section 19-9 of the City of Opa-Locka's
Code of Ordinances, entitled "School Zone Speed Limits" and shall specifically read:
Sec. 9-19. School Zone Speed Limits.
A. Purpose
The implementation of speed detection systems affixed on select roads that are maintained as school
zones within the city promotes the safety of the city residents, Miami -Dade County School District
employees, and grade school children seeking an education within the city. The automated system
will capture evidence of drivers in violation of this article and Florida Statute 5316.1896, thus,
promoting adherence and safe driving practices within proper designated school zones.
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Ordinance No. 2024-10
B. Intent
This article authorizes the city, in accordance with Chapter 2023-174 Laws of Florida and Florida
Statute §316.008, as amended, to exercise its authority in placing and installing speed detection
systems in various school zones with the boundaries of the city's jurisdiction. The placement and
installation of speed detection systems on roads maintained as school zone will allow the city to
identify violations of this article and Florida Statute §316.1896, enforce the provisions of this
ordinance, and promote the safety of student and parent welfare.
C. Use of speed detection systems
This article shall not supersede, infringe, curtail or impinge upon state or county laws related to
school zone speed limit violations or conflict with such laws. This article shall serve to enable the
city to provide enhanced enforcement within school zones pursuant to Florida Statutes. The city
shall utilize speed detection systems to deter school zone speed limit infractions and to thereby
reduce accidents and injuries authorized to employ the services of a third party vendor for
purposes of implementing this article.
D. Speed detection system enforcement; signage; violation
(a) Pursuant to Florida Statute §316.0776, as amended, the city shall post signage indicating
that the subject school zone is subject to photographic and video enforcement of the school zone
speed limit and notify the public of the specific times of enforcement.
(b) Pursuant to Florida Statute §316.1896, as amended, the owner of a motor vehicle violates
this article and Florida law when the operator of such vehicle:
1. Operates a motor vehicle in excess of 10 miles per hour over the school zone speed limit
which occurs within 30 minutes before through 30 minutes after the start of a regularly
scheduled breakfast program,
2. Operates a motor vehicle in excess of 10 miles per hour over the school zone speed limit
which occurs within 30 minutes before through 30 minutes after the start of a regularly
scheduled school session,
3. Operates a motor vehicle in excess of 10 miles per hour over the posted speed limit
during the entirety of a regularly scheduled school session, or 254
4. Operates a motor vehicle in excess of 10 miles per hour over the school zone speed limit
which occurs within 30 minutes before through 30 minutes after the end of a regularly
scheduled school session.
(c) A violation of this article occurs when the operator of a motor vehicle fails to comply
with requirements of subsection (b). Violations shall be enforced pursuant to Florida
Statute §316.1896.
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Ordinance No. 2024-10
E. Review of recorded photographic and video evidence
(a) The owner of the vehicle which is observed by recorded images operating a motor vehicle in
violation of applicable City law) and Florida Statute §316.1896, shall be issued a notice of
violation in accordance with Florida law.
(b) A law enforcement officer and/or designated a traffic infraction enforcement officer(s) shall
review recorded images prior to the issuance of a notice of violation/infraction to ensure accuracy
and the integrity of the recorded images. Once the officer has verified the accuracy of the recorded
images 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 or the address on record
with the appropriate agency having such information in another state.
(c) A speed detection system in a school zone may not be used for remote surveillance. The
collection of evidence by a speed detection system to enforce violations of the Article and Florida
Statute §316.1895 and §316.183, or user -controlled pan or tilt adjustments of speed detection
system components, do not constitute remote surveillance.
1. Any recorded video or photograph obtained through the use of a speed detection system
must be destroyed within 90 days after the final disposition of the recorded event. The
vendor of a speed detection system must provide the county or municipality with written
notice by December 31 of each year that such records have been destroyed in accordance
with this subsection.
2. Registered motor vehicle owner information obtained as a result of the operation of a
speed detection system in a school zone is not the property of the manufacturer or vendor
of the speed detection system and may be used only for the purposes of this Article.
F. Notice of violation and affidavits
(a) Within 30 days after a violation, notice must be sent to the registered owner of the motor
vehicle involved in the violation specifying the remedies available and that the violator must pay
the penalty to the city or furnish an affidavit within 30 days after the date of the notice of
violation in order to avoid court fees, costs, and the issuance of a uniform traffic citation. The
notice of violation must:
1. Be sent by first-class mail.
2. Include a photograph or other recorded image showing the license plate of the motor
vehicle; the date, time, and location of the violation; the maximum speed at which the
motor vehicle was traveling within the school zone; and the speed limit within the school
zone at the time of the violation.
3. Include a notice that the owner has the right to review, in person or remotely, the
photograph or video captured by the speed detection system and the evidence of the speed
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Ordinance No. 2024-10
of the motor vehicle detected by the speed detection system which constitute a rebuttable
presumption that the motor vehicle was used in violation of this Article and Florida
Statute §316.1895 or §316.183.
4. State the time when, and the place or website at which, the photograph or video
captured, and evidence of speed detected may be examined and observed.
(b) a person who receives a notice of violation under this section may request a hearing within 30
days after the notice of violation or may pay the penalty pursuant to the notice of violation, but a
payment or fee may not be required before the hearing requested by the person. The notice of
violation must be accompanied by, or direct the person to a website that provides, information on
the person's right to request a hearing and on all costs related thereto and a form used for
requesting a hearing. As used in this subsection, the term "person" includes a natural person,
the registered owner or co-owner of a motor vehicle, or the person identified in an affidavit as
having actual care, custody, or control of the motor vehicle at the time of the violation.
(c) If the registered owner or co-owner of the motor vehicle; the person identified as having care,
custody, or control of the motor vehicle at the time of the violation; or an authorized
representative of the owner, co-owner, or identified person initiates a proceeding to challenge the
violation, such person waives any challenge or dispute as to the delivery of the notice of violation.
(d) A uniform traffic citation must be issued by mailing the uniform traffic citation by certified
mail to the address of the registered owner of the motor vehicle involved in the violation if
payment has not been made within 30 days after notification if the registered owner has not
requested a hearing and if the registered owner has not submitted an affidavit.
1. Delivery of the uniform traffic citation constitutes notification of a violation. If the registered owner
or co-owner of the motor vehicle; the person identified as having care, custody, or control of the motor
vehicle at the time of the violation; or a duly authorized representative of the owner, co-owner, or
identified person initiates a proceeding to challenge the citation such person waives any challenge or
dispute as to the delivery of the uniform traffic citation.
2. In the case of joint ownership of a motor vehicle, the uniform traffic citation must be
mailed to the first name appearing on the motor vehicle registration, unless the first name
appearing on the registration is a business organization, in which case the second name
appearing on the registration may be used.
3. The uniform traffic citation mailed to the registered owner of the motor vehicle involved
in the infraction must be accompanied by the information described in subsection (a).
(e) The registered owner of the motor vehicle involved in the violation is responsible and liable
for paying the uniform traffic citation issued for a violation of this Article and Florida Statute
§316.1895 or §316.183 unless the owner can establish that:
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Ordinance No. 2024-10
1. The motor vehicle was, at the time of the violation, in the care, custody, or control of
another person;
2. A uniform traffic citation was issued by law enforcement to the driver of the motor
vehicle at the time of the alleged violation; or
3. The motor vehicle's owner was deceased on or before the date of the alleged violation, as
established by an affidavit submitted by the representative of the motor vehicle owner's
estate or other identified person or family member.
(fl To establish facts under section (e), the registered owner of the motor vehicle must, within 30
days after the date of issuance of the notice of violation or the uniform traffic citation, submit an
affidavit to the city setting forth information supporting such fact.
1. An affidavit transferring liability of the violation to the operator of the motor vehicle at
the time that the alleged violation occurred must include the:
i. Name
ii. Address
iii. Date of birth, and
iv. If known, the driver license number of the person who leased, rented, or
otherwise had care, custody, or control of the motor vehicle at the time of the
alleged violation.
2. If the motor vehicle was stolen at the time of the alleged violation, the affidavit must
include the police report indicating that the motor vehicle was stolen.
3. If a uniform traffic citation was issued at the location of the violation by a law
enforcement officer, the affidavit must include the serial number of the uniform traffic
citation.
4. If the motor vehicle's owner to whom a notice of violation or a uniform traffic citation
has been issued is deceased, the affidavit must include a certified copy of the owner's
death certificate showing that the date of death occurred on or before the date of the
alleged violation and one of the following:
i. A bill of sale or other document showing that the deceased owner's motor
vehicle was sold or transferred after his or her death but on or before the date of
the alleged violation.
ii. Documented proof that the registered license plate belonging to the
deceased owner's motor vehicle was returned to the Florida Department of
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Ordinance No. 2024-10
Highway Safety and Motor Vehicles or any branch office or authorized agent of
the Florida Department of Highway Safety and Motor Vehicles after his or her
death but on or before the date of the alleged violation.
iii. A copy of the police report showing that the deceased owner's registered
license plate or motor vehicle was stolen after his or her death but on or before the
date of the alleged violation.
(g) Upon receipt of an affidavit and other required documentation under section (fl, the city shall
dismiss the notice or citation and provide proof of such dismissal to the person who submitted the
affidavit. The city is authorized to reissue a notice of violation or citation to the person identified
as having care, custody, or control of the motor vehicle. If the person identified in the affidavit as
having care, custody, or control of the motor vehicle at the time of the violation denies such
control, then the city must notify the registered that the action will not be dismissed for failure to
establish another person liable for the violation.
(h) This Section supplements the enforcement of Florida Statute §316.1895 and §316.183 and
does not prohibit a law enforcement officer from issuing a uniform traffic citation for violation of
this Article or Florida Law.
G. Sec. 24-176. - Hearings.
(a) A hearing pursuant to this article shall be conducted in accordance with all other City of
Code of Ordinances code enforcement violations and Florida §316.1896(14) and Florida Statute
§316.0083 (5).
1. The petitioner, or person who elects to request a hearing, must be scheduled for a
hearing by the clerk to the local hearing officer. The clerk must furnish the petitioner with
notice sent by first-class mail. Upon receipt of the notice, the petitioner may reschedule
the hearing up to two times by submitting a written request to reschedule to the clerk at
least 5 calendar days before the day of the scheduled hearing. The petitioner may cancel
his or her appearance before the local hearing officer by paying the penalty assessed, plus
the administrative cost, before the start of the hearing.
2. All testimony at the hearing must be under oath and must be recorded. The local
hearing officer must take testimony from a traffic infraction enforcement officer and the
petitioner and may take testimony from others. The local hearing officer must review the
photograph or video captured by the speed detection system and the evidence of the speed
of the motor vehicle detected by the speed detection system made available under this
Article. Formal rules of evidence do not apply, but due process must be observed and
govern the proceedings.
3. The local hearing officer must determine whether a violation occurred and must uphold
or dismiss the violation. The local hearing officer must issue a final administrative order
including the determination and, if the notice of violation is upheld, must require the
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Ordinance No. 2024-10
petitioner to pay the penalty previously assessed and an administrative cost not to exceed
$250. The final administrative order must be mailed to the petitioner by first-class.
4. An aggrieved party may appeal a final administrative order to the Eleventh Judicial
Circuit Court of Florida.
(b) The presiding Hearing Officer shall be appointed in accordance with Article II,Section 24-
27(2) of this Chapter.
(c) The city clerk, or his or her designee, shall be designated to serve as the clerk to the local
hearing officer.
H. Annual Reporting
(a) The City Manager, or his/her designee, shall annually report the results of all systems within
its jurisdiction by placing the report required under subsection (b)of this Section, and Florida
Statute §316.0776, on the agenda of a regular or special city council meeting.
(b) The report must include a written summary, which must be read aloud at the regular or
special city council meeting, and must contain:
1. The number of notices of violation issued,
2. The number that were contested,
3. The number that were upheld,
4. The number that were dismissed,
5. The number that were issued as uniform traffic citations, and
6. The number that were paid, how collected funds were distributed, and in what
amounts.
(c) The City Manager, or his/her designee, shall report to the Department of Highway Safety and
Motor Vehicles that the annual report required under this Section, and Florida Statute
§316.0776, was considered in accordance with Florida law, including the date of the regular or
special meeting at which the annual report was considered.
(d) On October 1, 2024, and annually thereafter, the City Manager, or his/her designee, shall
submit a report to the Department of Highway Safety and Motor Vehicles identifying the public
safety objectives used to identify a school zone for enforcement under this Article ,reports
compliance with Florida Statute §316.0776(3)(c), and details the results of the speed detection
system in the school zone and the procedures for enforcement. The report must include:
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Ordinance No. 2024-10
1. Information related to the location of each speed detection system, including the
geocoordinates of the school zone, the directional approach of the speed detection system,
the school name, the school level, the times the speed detection system was active, the
restricted school zone speed limit enforced pursuant to this Article and Florida
§316.1895(5), the posted speed limit enforced at times other than those authorized by this
Article and Florida Statute §316.1895(5), the date the systems were activated to enforce
violations of this Article and Florida Statute §316.1895 and §316.183, and, if applicable,
the date the systems were deactivated.
2. The number of notices of violation issued, the number that were contested, the
number that were upheld, the number that were dismissed, the number that were issued
as uniform traffic citations, and the number that were paid.
3. Any other statistical data and information related to the procedures for enforcement
which is required by the Department of Highway Safety and Motor Vehicles.
(e) The city is responsible for and shall maintain its data for reporting purposes at least 2 years
after such data is reported pursuant to this Section.
(fl Compliance or sufficiency of compliance with this paragraph may not be raised in a
proceeding challenging a violation under this Article or Florida Statutes §316.1895 or §316.183.
I. Penalties and costs
Violators of this Article must pay a fine of $100. Penalties assessed and collected
by the city, less the amount retained by the city pursuant to subsection (b) and (e), must be paid
to the Department of Revenue weekly. Such payment must be made by means of electronic funds
transfer. In addition, the City Manager, or his/her designee, shall remit a detailed summary of
the penalties to the Department of Revenue. Penalties to be assessed and collected by the city
must be remitted as follows:
(a) Twenty dollars must be remitted to the Department of Revenue for deposit into the General
Revenue Fund.
(b) Sixty dollars shall be retained by the city and must be used to administer speed detection
systems in school zones and other public safety initiatives.
(c) Three dollars must be remitted to the Department of Revenue for deposit into the Department
of Law Enforcement Criminal Justice Standards and Training Trust Fund.
(d) Twelve dollars must be remitted to the Miami Dade County School District and must be
used for school security initiatives, for student transportation, or to improve the safety of student
walking conditions.
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Ordinance No. 2024-10
(e) Five dollars shall be retained by the city for School Crossing Guard Recruitment and
Retention Program pursuant to Florida Statute §316.1894. 567
If a person who is mailed a notice of violation or a uniform traffic citation presents
documentation that the notice of violation or uniform traffic citation was in error, clerk to the
local hearing officer may dismiss the case. Clerk to the local hearing officer may not charge for
this service.
Section 3. Conflict & Repealer.
All ordinances, parts of ordinances or code provisions in conflict herewith
ordinance are hereby repealed.
Section 4. Severability.
If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions or
applications of this Ordinance that can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be severable.
Section 5. Inclusion In Code.
It is the intention of the City Commission of the City of Opa-Locka that the
provisions of this Ordinance shall at some time in the future become and be made a part
of the Code of Ordinances of the City of Opa-Locka and that the sections of this Ordinance
may be renumbered or re -lettered and the word "Ordinance" may be changed to
"Chapter," "Section," "Article" or such other appropriate word or phrase, the use of which
shall accomplish the intentions herein expressed; provided, however, that Section 1
hereof or the provisions contemplated thereby shall not be codified.
Section 6. Effective Date.
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Ordinance No. 2024-10
This Ordinance shall take effect immediately upon its adoption on second reading.
PASSED FIRST READING this 18th day of March 2024.
PASSED SECOND READING this 10th day of April 202
TTEST:
anna Flores, City Clerk
APPROVED AS TO FORM
AND LEGA UFFICIENCY:
Bur i tte Norris -Weeks, P.A.
City Attorney
Moved by: Commissioner Williams
Seconded by: Commissioner Ervin
VOTE:
4-0
Commissioner Bass YES
Commissioner Kelley ABSENT
Commissioner Williams YES
Vice Mayor Ervin YES
Mayor Taylor YES
John H. TI for Jr., Mayor
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DocuSign Envelope ID: 38D738C1-3F92.46E1-B1 BB-6D6F0C8037C4
City of Opa-locka
Agenda Cover Memo
City
Manager:
Darvin Williams
CM Signature
,,,5',Ludy.L-
Commission
Meeting
Date:
March 13, 2024
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Sponsor
Name
Mayor Taylor
Department: Planning &
Community Development
City Commission
Short Title:
An ordinance amending City of Opa-locka ordinance creating new section entitled "School Zone Speed Limits"
to enhance enforcement of speed limits within roads properly maintained as school zones and authorizing the
placement and installation of speed detection systems on roadways maintained as school zones and Further
directing the Interim City Manager to renegotiate and amend contract with Verra Mobility adding installation
and operation of an automated speed detection and enforcement system in all Opa-Locka school zones.
Staff Summary:
On May 31, 2023, the Florida Legislature passed, and the Governor signed into law House Bill ("HB") 657 which
provides that municipalities may enforce the applicable speed limit within a properly maintained school zone
through the use of speed detection systems. HB 657 authorizes municipalities to place or install or contract
with an independent vendor to place or install, speed detection systems that will capture photographic and
video evidence to enhance enforcement of Florida Statute § 316.1896 and adherence to properly marked
speed limits.
DocuSign Envelope ID: 38D738C1-3F92-46E1-B1BB-6D6F0C8037C4
The City of Opa-locka exercises its authority to authorize placement or installation of speed detection systems
to enforce applicable speed limits on roadways maintained as school zones within areas of Opa-locka. The
Interim City Manager is hereby authorized to implement speed detection systems areas of Opa-locka
consistent with the placement and installation specifications established by the Florida Department of
Transportation, as such may be amended from time to time, to enforce unlawful speed violations, on roadways
maintained as school zones.
The City will conduct a public announcement and conduct a public awareness campaign to inform the City
residents of speed detection systems implementation within 30 days following the passing of this ordinance
and prior to the enforcement under this program. During the 30 -day public awareness campaign, the City shall
only issue warnings to the registered owners of vehicles that violated this ordinance and Florida law
concerning school zone speed limit enforcement. Promoting and protecting the health and safety of our City
residents is a priority especially in areas frequented by youth and children.
Financial Impact:
To ensure a broad public awareness campaign, staff may choose from multiple media announcements and
campaigns to inform the City residents of the new speed detection system at a cost not to exceed $3,000.00.
This will be funded by the Police Department Community Policing Account (26-521549) which currently has
available funding of $8,000.00. Once the system is implemented and all 8 speed detection systems are
operable, the ongoing program will be self -funded by the citations issued. Other than the cost of creating a
public awareness campaign, the City will incur no other expense.
Proposed Action:
Staff recommends the City Commission approves the installation of the School Zone Speed Limits Detection System.
Attachment: