HomeMy Public PortalAbout17-20 SIGNALIZED INTERSECTION SAFETY 1ST READING: 11/08/2017
2ND READING: 12/13/2017
PUBLIC HEARING: 11/08/2017 & 12/13/2017
ADOPTED: 12/13/2017
EFFECTIVE DATE: 12/13/2017
SPONSORED BY: City Attorney
ORDINANCE NO. 17-20
ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA AMENDING CHAPTER 15, ARTICLE X
SIGNALIZED INTERSECTION SAFETY, SECTION, SEC. 15-136
IMPLEMENTATION OF GENERAL LAW AND DESIGNATION
OF LOCAL HEARING OFFICER OF THE CITY OF OPA-LOCKA
CODE OF ORDINANCES; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 15, Sec. 15-136 entitled Implementation of General Law and
Designation of Local Hearing Officer of the City of Opa-Locka Code of Ordinances ("Code")
states that City of Opa-Locka ("City") "shall utilize its code enforcement special magistrate as
its local hearing officer"; and
WHEREAS, utilizing the Code Enforcement Magistrate as the Red light Camera
Magistrate or Local Hearing Officer may lead to scheduling difficulties and the stoppage of all
hearings in the event of the magistrate's sickness or untimely death; and
WHEREAS, the Commission of the City of Opa-Locka finds that it is in the best interest
of the City of Opa-Locka to allow for a separate Code Enforcement Magistrate and Local
Hearing Officer that will preside over the Red Light Camera Hearings.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA AS FOLLOWS:
SECTION 1. RECITALS
The recitals to the preamble herein are incorporated by reference.
SECTION 2. ADOPTION
That Chapter 15, Article X Signalized Intersection Safety, Section, Sec. 15-136
Implementation of General Law And Designation Of Local Hearing Officer is amended
as follows:
Ordinance No. 17-20
In accordance with the provisions of the Mark Wandall Traffic
Safety Act as of the effective date of the ordinance from which
this article is derived or July 1, 2013, whichever occurs later, the
city authorizes the implementation within the city of the
provisions and requirements of Chapters 2010-80 and 2013-160,
Laws of Florida. Effective July 1, 2013, the city may utilize
its code enforcement special magistrate as its local hearing
officer, as defined by Chapter 2013-160, Laws of Florida
(CS/CS/HB 7125 (2013)), in accordance with the provisions of
the Mark Wandall Traffic Safety Act.
SECTION 3. SEVERABILTY
If any clause, section, or other part or application of this Ordinance is held by any court
of competent jurisdiction to be unconstitutional or invalid, in part or in application, it
shall not affect the validity of the remaining portions or application of this Ordinance.
SECTION 4. CONFLICT
All ordinances or resolutions or parts of ordinances or resolutions in conflict herewith,
are hereby repealed.
SECTION 5. CODIFICATION
This Ordinance shall be codified in the Code of Ordinances when the code is recodified.
SECTION 6. SCRIVENER'S ERRORS.
Sections of this Ordinance may be renumbered or re-lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected or re-codified copy of same with the City Clerk.
SECTION 7. LIBERAL CONSTRUCTION.
The terms and provisions of this Ordinance shall be liberally construed to affect the
purpose for which it is adopted.
SECTION 8. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon the adoption and subject to the
approval of the Governor of his designee.
Ordinance No. 17-20
This ordinance was moved for adoption by Commissioner Holmes.
The motion was seconded by Commissioner Pigatt, and upon being put to a vote, the motion
passed by a 5-0 vote:
Commissioner Holmes YES
Commissioner Pigatt YES
Commissioner Riley YES
Vice Mayor Kelley YES
Mayor Taylor YES
PASSED AND ADOPTED this 13`" day of December, 2017.
ti
YRA L. T LOR, MAYOR
Attest to: Approved as to form and legal sufficiency:
Jo. na Flores Vincent T. Brown
City Clerk The Brown Law Group
City Attorney
Opa-locka, FL Code of Ordinances Page 1 of 2
ARTICLE X. - SIGNALIZED INTERSECTION SAFETYL6I
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 the ordinance from which this article is derived or
July 1, 2013, whichever occurs later, within the city's jurisdictional limits.
(Ord. No. 13-22, § 3, 7-10-13)
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 the ordinance from which this article or July 1, 2013, whichever occurs later, to use
traffic infraction detectors within its jurisdiction to enforce Section 316.074(1) or Section 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, and welfare of the community and thereby reduce accidents, injuries and
disruption of traffic associated with such violations.
(Ord. No. 13-22, § 3, 7-10-13)
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
the ordinance from which this article is derived or July 1, 2013, whichever occurs later, the city
authorizes the implementation within the city of the provisions and requirements of Chapters 2010-80
and 2013-160, 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 2013-160, Laws of Florida (CS/CS/HB
7125 (2013)), in accordance with the provisions of the Mark Wandall Traffic Safety Act.
(Ord. No. 13-22, § 3, 7-10-13)
Sec. 15-137. - Penalties.
about:blank 11/3/2017
Opa-locka, FL Code of Ordinances Page 2 of 2
All penalties and cost shall be collected in accordance with the Mark Wandall Traffic Safety Act.
The administrative cost for a hearing held before the special magistrate hearing officer shall not
exceed amount the set forth in the Mark Wandall Traffic Safety Act.
(Ord. No. 15-32, § 2, 11-12-15)
Secs. 15-138-15-140. - Reserved.
about:blank 11/3/2017