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Home My Public Portal About13-22 Signalized Intersection, Safety to Implement CS/CS/House Bill 1st Reading: June 12, 2013 2nd Reading July 10, 2013 Public Hearing: July 10, 2013 Adopted: July 10, 2013 Effective Date: July 11, 2013 Sponsored by: City Manager ORDINANCE NO. 13-22 AN ORDINANCE OF THE CITY OF OPA-LOCKA, FLORIDA DELETING OBSOLETE PROVISIONS AND AMENDING THE CITY CODE BY AMENDING CHAPTER 15, OFFENSES—MISCELLANEOUS, ARTICLE X, SIGNALIZED INTERSECTION SAFETY, TO IMPLEMENT CS/CS/HOUSE BILL 7125 (2013), CHAPTER 2013- , LAWS OF FLORIDA; PROVIDING FOR LOCAL HEARING OFFICERS CONSISTENT WITH GENERAL LAW; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Florida Legislature passed CS/CS/HB7125 during the 2013 Legislative Session authorizing local hearings for notices of violations connected with the use of red light cameras as traffic infraction detectors to enforce Chapter 316, the State of Florida Uniform Traffic Code; and WHEREAS, the Governor of the State of Florida signed CS/CS/HB7125 into law on June 12, 2013, resulting in the Chapter 2013-_, Laws of Florida, taking effect on July 1, 2013; and WHEREAS, the use of a local hearing officer will allow citizens of the City of Opa- Locka to have a process for contesting notices of violation issued related to red light violations separate from the traffic court process; and WHEREAS, the City Commission wishes to utilize its existing code enforcement system to implement the local hearing process; and ORDINANCE NO. 13-22 WHEREAS, the City wishes to remove obsolete provisions and amend its Code of Ordinances to implement CS/CS/HB7125 (2013), Chapter 2013-_, Laws of Florida. NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: SECTION 1: Recitals Adopted. The forgoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: Deletion of Obsolete Provisions. Sections 134 through 136 of Chapter 15, Article X, of the Code of Ordinances of the City of Opa-Locka, Florida, are hereby deleted. SECTION 3: Updated Intersection Safety Provisions. Chapter 15, Article X of the Code of Ordinances of the City of Opa-Locka, Florida is hereby amended as follows: Sec. 15-134. - Purpose and intent. The purpose of this article is to specifically authorize the use of traffic infraction detectors, as permitted by general law as of the effective date of this ordinance or July 1, 2013, whichever occurs later, within the city's jurisdictional limits. Sec. 15-135 - Use of traffic infraction detectors. The city exercises its option under Sections 316.008 and 316.0083, Florida Statutes, as of the effective date of this ordinance or July 1, 2013, whichever occurs later, to use traffic infraction detectors within its jurisdiction to enforce Sections 316.074(1) or § 316.075 (1)(C), Florida Statutes, when a driver fails to stop at a traffic signal on streets and highways in the city's jurisdiction. The city may utilize traffic infraction detectors as a supplemental means of monitoring and assisting law enforcement personnel in the enforcement of compliance with laws related to traffic control signals as permitted and provided for by state law, which are designed to protect and improve the public health, safety, ORDINANCE NO. 13-22 and welfare of the community and thereby reduce accidents, injuries and disruption of traffic associated with such violations. Sec. 15-136. Implementation of General Law and Designation of Local Hearing Officer. In accordance with the provisions of the Mark Wandall Traffic Safety Act as of the effective date of this ordinance or July 1, 2013, whichever occurs later, the city authorizes the implementation within the city of the provisions and requirements of Chapters 2010-80 & 2013- , Laws of Florida. Effective July 1, 2013, the City shall utilize its Code Enforcement Special Magistrate as its Local Hearing Officer, as defined by Chapter 2013- , Laws of Florida (CS/CS/HB7125 (2013)), in accordance with the provisions of the Mark Wandall Traffic Safety Act. SECTION 4: Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause, or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this Ordinance, but they shall remain in effect it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. SECTION 5: Inclusion in the Code. It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Opa-Locka, Florida, that the sections of this Ordinance may be renumbered to accomplish such intentions, and that the word Ordinance shall be changed to Section or other appropriate word. SECTION 6: Effective Date. This Ordinance shall be effective on July 1, 2013_ PASSED AND ADOPTED this 10th day of July, 2013. YRA LOR MAYOR ORDINANCE NO. 13-22 Attest to: 1 - / J O44 nna Flores ty Clerk Approved as to form and legal sufficiency: ry Jo IA11 -p eller G'G EN POON MARDER PA C'�y Attorney Moved by: VICE MAYOR KELLEY Seconded by: COMMISSIONER JOHNSON Commission Vote: 4-1 Commissioner Holmes: NO Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES 22ND I SUNDAY,JUNE 30,2013 ND MiamiHerald.com I MIAMI HERALD Service is open on Sunday, so you can get to work on Monday. CITY OF OPA-LOCKA,FLORIDA Genuine Honda NOTICE TO THE PUBLIC Oil & Filter 9 NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka,Florida will hold public hearings at its Regular Commission Meeting on Wednesday,July 10, $221.95 Plus h 2013 at 7:00 p.m. at the Opa-locka Municipal Complex, 780 Fisherman Street, 2nd Floor,Opa-locka,Florida to consider the following items: ORDINANCES/PUBLIC HEARING: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, Tire Rotation 4 FLORIDA, AMENDING CITY ORDINANCE 86-8, LAND DEVELOPMENT tax` + CODE,ARTICLE 3.1 ESTABLISHMENT OF DISTRICTS TO CREATE A MIXED $ USE OVERLAY DISTRICT, FURTHER TO CREATE ARTICLE 6.15 MIXED USE OVERLAY ZONING DISTRICT, PROVIDING DISTRICT PURPOSE, DEVELOPMENT STANDARDS, PERMITTED USES, AND ELIGIBILITY FOR MAJOR TRANSPORTATION CORRIDORS OF THE CITY OF OPA-LOCKA TO Alignment nmentINCLUDE NW 135Th STREET,FROM NW 47Th AVENUE TO NW 27Th AVENUE; A O ALI-BABA AVENUE FROM NW 37"AVENUE TO NW 151ST STREET;OPA-LOCKA $5 95plus tax` BOULEVARD FROM ALI-BABA AVENUE TO NW 27Th AVENUE;NW 27Th AVENUE FROM NW 127Th STREET TO NW 15151 STREET; PERMITTED USES SHALL INCLUDE, RETAIL, OFFICE, EDUCATIONAL FACILITIES, PUBLIC FACILITIES, PARKING STANDARDS AND HEIGHT LIMITATIONS; PROVIDING FOR Genuine Honda fin INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE in (first reading held on June 12,2013).Sponsored by C.M. Battery / FLORIDA, DELETING TOBSOLETEOPROV PROVISIONS ANDEA CITY OF OPA-LOCKA,AMENDING THE CITY $99E95�usr CODE BY AMENDING CHAPTER 15,OFFENSES-MISCELLANEOUS,ARTICLE X, SIGNALIZED INTERSECTION SAFETY, TO IMPLEMENT CS/CS/HOUSE BILL 7125 (2013),CHAPTER 2013-_,LAWS OF FLORIDA; PROVIDING FOR Service now open 10am Sunday LOCAL HEARING OFFICERS CONSISTENT WITH GENERAL LAW;PROVIDING FOR SEIVE DATE PROVIDING FOR CODIFICATION;une 12,201 PROVIDING FOR CM. SO V TH (W) EFFECTIVE DATE(first reading held on June 12,2013).Sponsored by C.M. Additional information on the above items may be a obtained in the Office r the OTO ^ City Clerk,780 Fisherman Street,4th Floor,Opa-locka,Florida.All interested persons _( HONDA are encouraged to attend this meeting and will be heard with respect to the uTHORIZeo SERVICE CENTER public hearing. PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made by any board, US-1 & South 161 Street in Miami agency,or commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings,and for that reason,may need to ensure that a verbatim (866) 475-7566 South Honda.corn record of the proceedings is made, which record includes the testimony and evidence upon which the appeal may be based. 'Available or Sunday Service at South Motors Honda OW-20 oil or premiuir synthetic at extra. Offer :3 r of bo combined Must present offer when order is written.Sec,waler for derails Pxpires Pq laysfrorr Gate of publicans; JOANNA FLORES,CMC CITY CLERK