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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. Page 2 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. Page 3 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 Page 4 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: Page 5 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 Page 6 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 Page 7 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: Page 8 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. Page 9 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. Page 10 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 Page 11 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 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (EnterX in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading god Reading X X X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: Account# : N/A (Enter Fund & Dept) Ex: See Financial Impact section below Advertising Requirement: (Enter X in box) Yes No X ILA Required: (Enter X in box) Yes No RFP/RFQ/Bid#: N/A X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Communication Area: (] El • Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X IN Image IN 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: