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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