HomeMy Public PortalAbout2010-03 Amending Dangerous Intersection Safety of Chapter 26 Traffic and Vehicles of the VKB CodeORDINANCE NO. 2010-3
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA AMENDING ARTICLE IV "DANGEROUS
INTERSECTION SAFETY" OF CHAPTER 26 "TRAFFIC AND
VEHICLES" OF THE VILLAGE OF KEY BISCAYNE CODE
OF ORDINANCES; PROVIDING FOR RECORDED IMAGE
MONITORING AND ENFORCEMENT OF RED LIGHT
TRAFFIC CONTROL SIGNALS CONSISTENT WITH
GENERAL LAW AS PROVIDED BY CHAPTER 2010-80,
LAWS OF FLORIDA (2010); PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR RESERVATION OF RIGHTS;
PROVIDING FOR AN EFFECTIVE DATE OF JULY 1, 2010.
WHEREAS, the Florida Legislature passed CS/CS/HB325 during the 2010 Legislative
Session authorizing the use of traffic infraction detectors to enforce certain provisions of Chapter
316 of the Florida Statutes; and
WHEREAS, the Governor of the State of Florida signed CS/CS/HB325 into law on May 13,
2010, resulting in the creation of Chapter 2010-80, Laws of Florida (2010) (the "Mark Wandall
Traffic Safety Act" or the "Act") taking effect on July 1, 2010; and
WHEREAS, the running of red lights continues to be a safety hazard affecting every citizen
and traveler in the Village of Key Biscayne; and
WHEREAS, the Village wishes to further reduce the running of red lights by amending its
Code of Ordinances to implement the Act; and
WHEREAS, the Village Council finds that the provisions of Article IV "Dangerous
Intersection Safety" of Chapter 26 of the Village Code, which were previously authorized by the
Village's Home Rule authority and by Sec. 316.08 (1)(w), Florida Statutes, will be as of July 1,
2010, preempted to the State as provided by Section 3 of the Act; and
WHEREAS, the Village Council desires to amend Article IV of Chapter 26 of the Village
Code so as to conform with and implement the Act.
NOW THEREFORE IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the recitals set forth above are hereby adopted and
confirmed.
Section 2. Dangerous Intersection Safety. That Article IV "Dangerous Intersection
Safety" of Chapter 26 "Traffic and Vehicles" of the Village of Key Biscayne Code is hereby
amended to read as follows:1
Sec. 26-44. Intent.
The purpose of this article is to authorize the use of air urinranned-eamerathronitering
system traffic infraction detectors to promote compliance with red light signal directives
and to adopt a civil enforcement system for red light signal
violations, all in accord with general law. including Chapter 2010-80. Laws of Florida
(2010) (the "Mark Wandall Traffic Safety Act" or the "Act"). This article will also
supplement law enforcement personnel in the enforcement of red light signal violations
and shall not prohibit law enforcement officers from issuing a Notice citation for a red
light signal violation in accordance with other routine statutory traffic enforcement
techniques.
Sec. 26-45. Use of Image Capture Technologies.
The Village shall utilize ' traffic infraction detectors as -a
supplemental pursuant to general law as a means of monitoring compliance with laws
related to traffic control signals, while assisting law enforcement personnel in the
enforcement of such laws, which are designed to protect and improve public health,
safety and welfare. This section shall not supersede, infringe, curtail or impinge upon
state or county laws related to red light signal violations or conflict with such laws.
Nothing herein shall conflict with the primary jurisdiction of Miami -Dade County to
install and maintain traffic signal devices. This article shall serve to enable the Village
to provide enhanced enforcement and respect for authorized traffic signal devices
pursuant to Florida Statutes, Sections 316.008 and 316.0083 (2010). The Village may
utilize ' traffic infraction detectors as an ancillary deterrent to
traffic control signal violations and to thereby reduce accidents and injuries associated
with such violations.
Sec. 26-46. Defmitions.
The following definitions shall apply to this article.
1 Additions to existing Village code text are shown by underline; deletions from existing Village
code text are shown by striketirough.
2
Board of special ,nagiit,z,tes. The Village's Code Enforcement Board of Sp.,eial
***
Owner/vehicle owner. The person or entity identified by the Florida Department of
Motor Vehicles, or other state vehicle registration office, as the registered owner of a
vehicle. Such term
morc
Recorded images. Images recorded by a
traffic infraction detector which is operated in accordance with the Act.
n.
1:17 -Digital -or videolnovies1-018
(2)
Red zone infraction. A traffic offense whereby a
traffic infraction detector indicates a violation of Section 26-47.
,
Traffic Co,tt,-ol Infraction Enforcement Review Officer. The Village employee
designated, pursuant to subsection 26-50 herein, to review recorded images and issue red
zone infractions based upon those images.
***
,
Traffic infraction detector. A vehicle sensor(s) installed to work in conjunction with a
traffic control signal and a camera or cameras synchronized to automatically record two
or more sequenced photographic or electronic images or streaming video of only the rear
of a motor vehicle at the time the vehicle fails to stop behind the stop bar or clearly
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marked stop line when facing a traffic control signal steady red light.
Sec. 26-47. Adherence to Red Light Traffic Control Signals.
Pursuant to general law. Mmotor vehicle traffic facing a traffic control signal's steady
red light indication shall stop before entering the crosswalk on the near side of an
intersection or, if none, then before entering the intersection and shall remain standing
until a green indication is shown on the traffic control signal; however, the driver of a
vehicle which is approaching a clearly marked stop line, but if none, is
approaching the crosswalk on the near side of the intersection or, if none,
then is approaching at the point nearest the intersecting roadway where the driver has a
view of approaching traffic on the intersecting roadway before entering the intersection
in obedience of a steady red traffic control signal, may make a right turn in a careful and
prudent manner (unless such turn is otherwise prohibited by posted sign or other traffic
control device) but shall yield right-of-way to pedestrians and other traffic proceeding
as directed by the traffic control signal at the intersection.
Sec. 26-48. Violation.
A violation of this article, known as a red zone infraction, shall occur when a motor
vehicle does not comply with the requirements of section 26-47. Violations shall be
enforced pursuant to F.S. § 316.0083.
Sec. 26-49. Implementation of General Law.
Within the Village, the Village Manager is authorized to implement the provisions and
requirements of Chapter 2010-80. Laws of Florida (2010). as maybe amended from time
to time, and may take any action which is necessary for such purpose.
Sec. 26-50. Review of recorded images.
(a) The owner of the vehicle which is observed by recorded images committing a red
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zone infraction, shall be issued a notice of violation (hereinafter also known as a
"Notice") no later than thirty (30) days after the red zone infraction occurs. The recorded
image shall be sufficient grounds to issue a Notice.
(b) The Village's Chief of Police shall designate one or more a -Traffic Control Infraction
Enforcement -Review Officers, who shall be a police officers of the Village or -and who
shall meet the qualifications set forth in F.S. § 316.640(5)(A), or any other relevant
statute. The Traffic Control Infraction Enforcement Rcvicw Officer shall review recorded
images prior to the issuance of a Notice to ensure the accuracy and integrity of the
recorded images. Once the Traffic Control Infraction Enforcement Revicw Officer has
verified the accuracy of the recorded images, he or she shall complete a report, and a
Notice 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) If a vehicle owner receiving a notice fails to pay the penalty imposed by F.S. §
316.0083 or to provide an affidavit that complies with the provisions of F.S. § 316.0083
within thirty (30) days of the date the notice is issued, then a Uniform Traffic Citation
shall be issued to the vehicle owner as provided by general law. The Uniform Traffic
Citation shall be issued no later than sixty (60) days after the red zone infraction occurs.
Sec. 26-51. Notice of violation.
The Notice shall be served i rr as provided for in Scc. 2-39 of this codc via first
class mail -but and shall -also include:
(1) The name and address of the vehicle owner;
(2) The license plate number and registration number of the vehicle;
(3) The make, model, and year of the vehicle;
(4) Notice that the infraction charged is pursuant to this article;
(5) The date and time of the infraction;
(5-) The location of the intersection where the infraction occurred;
(67)
,A statement that the owner has the
right to review the recorded images that constitute a rebuttable presumption against the
owner, together with a statement of the time and place or Internet location where the
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evidence may be observed;
(-8) Images depicting the infraction;
(9) Instructions on all methods of payment of the penalty;
(10) A statement specifying the remedies available under F.S. § 318.14:
(11) A statement that the owner must pay a penalty of $158 to the Village or provide an
affidavit that complies with F.S. § 316.0083 within thirty (30) days of the date the notice
is issued in order to avoid court fees, costs, and the issuance of a Uniform Traffic
Citation;
(8-12) A signed statement by the Traffic Control Infraction Enforcement Review Officer
that, based on inspection of recorded images, the vehicle was involved in and was
utilized to commit a red zone infraction.
Sec. 26-60. Signage.
Exhibit "A"
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T
When the Village installs a traffic infraction detector at an intersection, it shall erect
signage at the intersection sufficient to notify the public that a traffic infraction detector
may be in use at the intersection and shall include specific notification of intersection
safety camera enforcement of violations concerning right turns. Such signage shall meet
the specifications for uniform signals and devices adopted by the Department of
Transportation pursuant to F.S. § 316.0745.
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Section 3. Repeal. That Sections 26-52 through and including 26-59 of Article IV of
Chapter 26 of the Village Code, as created by Ordinance 2007-7, a copy of which repealed sections
are set forth in Exhibit "A" attached hereto and incorporated herein for convenience of reference,
are hereby repealed.
Section 4. Severability. That 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. That it is the intention of the Village Council and it
is hereby ordained that the provisions of this Ordinance shall become and be made a part of the
Village of Key Biscayne Code of Ordinances, that the sections of this Ordinance may be renumbered
or relettered to accomplish such intentions, and that the word Ordinance shall be changed to Section
or other appropriate word.
Section 6. Reservation of Rights.
That Village hereby preserves and reserves each and every right, power, authority, benefit
and exemption bestowed upon Village and Village's Dangerous Intersection Safety Program (the
"Program") pursuant to CS/HB 325 as enacted by Chapter 2010-80, Laws of Florida (2010),
including but not limited to any right, power, authority, benefit and/or exemption vested in Village
or Village's Program as having been established prior to July 1, 2010 or before other deadlines
established by the Act..
Section 7. Effective Date. That following adoption of this Ordinance on second reading,
this Ordinance shall be in full force and effect retroactively from and after July 1, 2010.
PASSED AND ADOPTED on first reading this 22nd day of June , 2010.
PASSED AND ADOPTED on second reading this 31st day of August
CONCHITA H. ALVAREZ, MMC, VILLAGE CLERK
APPROVED AS T
VILLAGE AT1hRN
Ft\aM AND LEGAL SUFFICIENC
'
MAYOR ROBERT L. VERNON
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EXHIBIT "A"
(Note: Village Code Sections 26-52 — 26-59, inclusive, which are set forth in this Exhibit " A " , are
hereby repealed pursuant to Section 3 of the above Ordinance.)
Sec. 26-52. Vehicle owner responsibilities.
(a) A vehicle owner receiving a Notice may:
(1) Pay the assessed civil penalty pursuant to instructions on the Notice; or
(2) Appear before the Board of Special Magistrates to contest the Notice.
(b) The failure to pay the assessed civil penalty and failure to appear before the Board of
Special Magistrates to contest the Notice will be considered an admission of liability and in
such case an order may be entered against the violator for an amount up to the maximum civil
penalty, plus any administrative costs.
(Ord. No. 2007-7, § 2, 10-9-07)
Sec. 26-53. Hearing before the Special Master.
(a) The Village's code enforcement Board of Special Magistrates is authorized to hold
hearings related to the enforcement of this article. A hearing shall be scheduled for all Notices
for which the vehicle owner timely requests an administrative hearing.
(b) Upon receipt of the named violator's timely request for an administrative hearing, the
Village shall schedule a hearing before the Board of Special Magistrates pursuant to section
2-41 of this Code. Notice of hearing shall be provided to the vehicle owner pursuant to the
notice provisions contained in Article III of Chapter 2 of this Code.
(c) The hearing shall be held pursuant to the procedures set forth in Article III of Chapter 2 of
this Code. The Traffic Control Infraction Review Officer may testify at the hearing. The vehicle
owner may present testimony and evidence.
(d) Recorded images indicating a red zone infraction, verified by the Traffic Control Infraction
Review Officer, are admissible in any proceeding before the Village's Board of Special
Magistrates to enforce the provisions of this article, and shall constitute prima facie evidence
of the violation.
(e) Unless an affidavit is provided pursuant to section 26-54, it is presumed the person
registered as the vehicle owner with the Florida Department of Motor Vehicles or any other
state vehicle registration office, or an individual having the owner's consent, was operating the
vehicle at the time of a red zone infraction.
(Ord. No. 2007-7, § 2, 10-9-07)
Sec. 26-54. Vehicle owner affidavit of non -responsibility.
(a) In order for the vehicle owner to establish that the motor vehicle was, at the time of the red
zone infraction: (1) in the care, custody, or control of another person without the consent of
the registered owner or (2) was subject to a short term (less than six months) car rental
agreement entered into between a car rental agency, which is licensed as required by
applicable law and is authorized to conduct business in the State of Florida, and the operator
of the vehicle, the vehicle owner is required, within 20 days from the date listed on the notice,
to furnish to the Village, an affidavit setting forth the circumstances demonstrating either: (1)
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that the motor vehicle was not in the vehicle owner's care, custody, or control, and was not in
the care, custody or control of another person with the vehicle owner's consent or (2) that the
motor vehicle was subject to a short term (less than six months) rental agreement between the
car rental agency receiving the notice and the vehicle operator and provide a true and correct
copy of the short term car rental agreement, as applicable. The affidavit must be executed in
the presence of a notary, and include:
(1) If known to the vehicle owner, the name, address, and the driver's license number of the
person who had care, custody, or control of the motor vehicle, without the vehicle owner(s
consent, at the time of the alleged red zone infraction; or
(2) The name, address and drivers license number of the person who rented the motor vehicle
from the car rental agency which has received the notice, at the time of the alleged red zone
infraction; or
(3) If the vehicle was stolen, the police report indicating the vehicle was stolen at the time of
the alleged red zone infraction; and
(4) The following language immediately above the signature line: "Under penalties of perjury,
I declare that I have read the foregoing affidavit and that the facts stated in it are true."
(b) Upon timely receipt of a sufficient affidavit pursuant to this section, any prosecution of the
Notice issued to the vehicle owner shall be terminated. Proceedings may be commenced by
the Village against the responsible person identified in the affidavit, and in such event, the
responsible person shall be subject to the same process and procedures which are applicable
to vehicle owners.
(Ord. No. 2007-7, § 2, 10-9-07)
Sec. 26-55. Administrative charges.
In addition to the penalty pursuant to section 26-58 herein, administrative charges may
be assessed pursuant to Article III of Chapter 2 of this Code in the event of a hearing and/or
the necessity to institute collection procedures arises.
(Ord. No. 2007-7, § 2, 10-9-07)
Sec. 26-56. Collection of fines.
Collection of fines shall be accomplished pursuant to Article III of Chapter 2 of this
Code.
(Ord. No. 2007-7, § 2, 10-9-07)
Sec. 26-57. Exceptions.
This article shall not apply to red zone infractions involving vehicle collisions or to any
authorized emergency vehicle responding to a bona fide emergency; nor shall a Notice be
issued in any case where the operator of the vehicle was issued a citation for violating the state
statute regarding the failure to stop at a red light indication for the same event or incident.
(Ord. No. 2007-7, § 2, 10-9-07)
Sec. 26-58. Penalty.
A violation of this article shall be deemed a non -criminal, non-moving violation for which
a civil penalty, as proscribed in Article III of Chapter 2 of this Code, shall be assessed. As the
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violation relates to this article and not to the Florida statutes, no points as otherwise provided
in F.S. § 322.27, shall be recorded on the driving record of the vehicle owner or responsible
party.
(Ord. No. 2007-7, § 2, 10-9-07)
Sec. 26-59. Enforcement.
This article may be enforced by any other means available to the Village.
(Ord. No. 2007-7, § 2, 10-9-07)
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MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
V. PEREZ, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
VILLAGE OF KEY BISCAYNE
ORDINANCE MEETING - AUGUST 31, 2010
in the XXXX Court,
was published in said newspaper in the issues of
08/20/2010
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing thi . dvertise for publication in the said
newspaper.
Sworn to and subscribed before me this
20 day of A UST , A.D. 2010
(SEAL)
V. PEREZ personally known to me
B. THOMAS
Commission # DD 937532
qua :o = Expires November 2, 2013
*,;i ;*;;Ts` Bonded Thru Troy Fain i^.surance 800-385-7019
VILLAGE OF KEY BISCAYNE
' OFFICE OF11141tVilloLAGIE CLERK
PUBLIC NOTICE
Notice is hereby given that the following ordinance wilt be considered on
Second Reading by the Village Council'of the Village of Key Biscayne at
a meetingto be held on TuestfaY, Augus3 31, 2010 at 7:00 p.m., in the
,Council Chamber, located at 560 Crandon Boulevard, Key Biscayne,
Florida:
AN ORDINANCE OF THE VI
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ATE t .JULY 1,
Inspected by th biic at the of
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Council on any iternItthePubhc HeTaring
is asked to register with ,:tillage Clerk prior totha$ item being heard.
In accordance with the Americans With Di
person = d tnd wtto need
particleatClit1Wiliettiteding because of that
the Office of the'Vitlage Cleric, 88 West McIntyre
Bisbayne, Florida 3314% telephone nirhbef (
'than twobtitiness datspriorlostich proceeding.
s Act of 1990,` all
accbinmodations to
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not later•
Should any person desire to appeal any decision of the Village Council
with respect to any matterto be-consideredatrthis meeting, that person
shall insure that a verbatim record -of the prboe+,edings is made including
all testimony and evidence upon which` any appeal may be based
(F.S. 286.01:05):
Comments of any interested.- party relative to this matter may be
submitted in writing and orpresented in person at the public hearing.
Conchita H. Alvarez, MMC
VitlageClerk
8/20 10-4-242/1545444M