HomeMy Public PortalAbout2007-07 Traffic and Vehicles Red LightsORDINANCE NO. 2007-7
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AMENDING CHAPTER 26 OF THE VILLAGE
CODE, "TRAFFIC AND VEHICLES", BY CREATING
ARTICLE IV, "DANGEROUS INTERSECTION SAFETY",
PROVIDING FOR RECORDED IMAGE MONITORING AND
ENFORCEMENT OF RED LIGHT INFRACTIONS AND FOR
RELATED PROCEDURES AND PROVISIONS; AMENDING
CHAPTER 2 "ADMINISTRATION", ARTICLE III "CODE
ENFORCEMENT", SECTION 2-42 "CIVIL PENALTIES AND
RELATED TERMS CONSTRUED", TO FACILITATE USE OF
CODE ENFORCEMENT MECHANISM FOR DANGEROUS
INTERSECTION SAFETY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the running of red lights causes a safety hazard affecting every citizen and
traveler in the Village of Key Biscayne; and
WHEREAS, the Village of Key Biscayne wishes to reduce the running of red lights by
creating an additional enforcement mechanism.
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 the Village Code of the Village of Key
Biscayne is hereby amended by amending Chapter 26 "Traffic and Vehicles" by creating Article IV
"Dangerous Intersection Safety", to read as follows:
Chapter 26 Traffic and Vehicles
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Article IV Dangerous Intersection Safety
Sec. 26-44. Intent.
The purpose of this article is to authorize the use of an unmanned cameras/monitoring system
to promote compliance with red light signal directives as proscribed by this article, and to adopt a
civil enforcement system for red light signal violations. 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 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 image capture technologies as a supplemental 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. The Village may utilize image capture technologies as an ancillary deterrent to traffic
control signal violations and to thereby reduce accidents and injuries associated with such violations.
Notices of infractions issued pursuant to this article shall be addressed using the Village's own Board
of Special Magistrates and not through uniform traffic notices or county courts. This shall not bar
the use of uniform traffic citations and the county courts when Village police personnel decide not
to rely on this article as the enforcement mechanism for a specific violation.
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Sec. 26-46. Defmitions.
The following definitions shall apply to this article:
INTERSECTION. The area embraced within the prolongation or connection of the lateral
curb line; or, if none, then the lateral boundary lines, of the roadways of two roads which join or
intersect one another at, or approximately at, right angles; or the area within which vehicles traveling
upon different roads joining at any other angle may come in conflict.
MOTOR VEHICLE. Any self-propelled vehicle not operated upon rails or guide way, but
not including any bicycle or electric personal assisted mobility device.
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 shall also mean a lessee of a motor vehicle pursuant to a lease of six months or more.
RECORDED IMAGES. Images recorded by a traffic control signal monitoring
system/device:
(1) On:
(a) Two or more photographs;
(b)
Two or more electronic images;
(c) Two or more digital images;
(d) Digital or video movies; or
(e) Any other medium that can display a violation; and
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(2) Showing the rear of a motor vehicle and on at least one image, clearly identifying the
license plate number of the vehicle.
RED ZONE INFRACTION. A traffic offense whereby a traffic control signal monitoring
system established that a vehicle entered an intersection controlled by a duly erected traffic control
device at a time when the traffic control signal for such vehicle's direction of travel was emitting a
steady red signal.
BOARD OF SPECL4L MAGISTRATES. The Village's Code Enforcement Board of
Special Magistrates as described in Article III of Chapter 2 of this Code.
TRAFFIC CONTROL INFRACTION REVIEW OFFICER. The Village employee
designated, pursuant to Sec. 26-50 herein, to review recorded images and issue red zone infractions
based upon those images.
TRAFFIC CONTROL SIGNAL. A device exhibiting different colored lights or colored
lighted arrows, successively one at a time or in combination, using only the colors green, yellow, and
red which indicate and apply to drivers of motor vehicles as provided in F.S. § 316.075.
TRAFFIC CONTROL SIGNAL MONITORING SYSTEM/DEVICE. An electronic system
consisting of one or more vehicle sensors, working in conjunction with a traffic control signal, still
camera and video recording device, to capture and produce recorded images of motor vehicles
entering an intersection against a steady red light signal indication.
Sec. 26-47. Adherence to Red Light Traffic Control Signals.
Motor 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
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intersection and shall remain standing until a green indication is shown on the traffic control signal;
however, the driver of a vehicle which is stopped at a clearly marked stop line, but if none, before
entering the crosswalk on the near side of the intersection or, if none, then 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 (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 vehicle does
not comply with the requirements of Sec. 26-47. Violations shall be enforced pursuant to Sec. 26-50.
Sec. 26-49. Ninety Day notice; introductory period.
The Police Chief shall notify the Village Manager when the red light camera system is
operating correctly at the initial location established. For the ninety days following said notification,
unless the driver of a vehicle received a citation from a police officer at the time of a red zone
infraction in accordance with routine traffic enforcement techniques, the vehicle owner shall receive
a warning in the form of a courtesy notice of the violation. Commencing ninety one days after the
above referenced notification, the vehicle owner is subject to the enforcement provisions as provided
herein and no warning shall be given pursuant to this Article.
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"). The
recorded image shall be sufficient grounds to issue a Notice.
(B) The Village's Chief of Police shall designate a Traffic Control Infraction Review
Officer, who shall be a police officer of the Village or who shall meet the qualifications set forth in
F.S. Section 316.640(5)(A), or any other relevant statute. The Traffic Control Infraction Review
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 Review 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.
Sec. 26-51. Notice of Violation.
The Notice shall be in the form as provided for in Sec. 2-39 of this code but shall also include:
(A) The name and address of the vehicle owner;
(B) The license plate number and registration number of the vehicle;
(C) The make, model, and year of the vehicle;
(D) Notice that the infraction charged is pursuant to this article;
(E) The location of the intersection where the infraction occurred;
(F) Notice that there are recorded images relating to the vehicle and a statement that the
recorded images are evidence of a red zone infraction;
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(G) Images depicting the infraction;
(H) A signed statement by the Traffic Control Infraction Review Officer that, based on
inspection of recorded images, the vehicle was involved in and was utilized to commit a red zone
infraction.
Sec. 26-52. 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.
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 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.
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) 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
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(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.
Sec. 26-55. Administrative Charges.
In addition to the penalty pursuant to Sec. 26-58 herein, administrative charges may be
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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.
Sec. 26-56. Collection of fines.
Collection of fines shall be accomplished pursuant to Article III of Chapter 2 of this Code.
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.
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
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.
Sec. 26-59. Enforcement.
This Ordinance may be enforced by any other means available to the Village.
Sec. 26-60. Signage.
The Village shall, to the extent practicable, at the primary motor vehicle entry points to the
Village, cause to be erected and maintained signs, which substantially meet the design specifications
indicated in Exhibit "A", providing notice of this article. Failure to erect, maintain or create these
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signs shall not invalidate any enforcement of this article.
Section 3. Civil Penalties and Related Terms Construed amended. That the Village
Code of the Village of Key Biscayne is hereby amended by amending Chapter 2 "Administration",
Article III "Code Enforcement", Section 2-42 "Civil penalties and related terms construed", to read
as follows: 1
Sec. 2-42. Civil Penalties and Related Terms Construed.
(1) Unless otherwise provided in this Code, penalties for violations of the provisions to
be enforced through this article shall be $250 per day for a first violation. The penalty for a violation
relating to the failure to obtain any required development approvals, including building permits, shall
be $500 per day. The penalty for an Uncorrectable Violation shall not exceed $5,000 per violation.
(2) The civil penalty for a violation of the Dangerous Intersection Safety Act shall be
$125 for a first offense: $250 for a second offense and $500 for each additional offense.
***
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.
1 Proposed additions to text of Village Code are indicated by underline; proposed deletions from text of
Village Code are indicated by strikethrough.
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Section 5. Inclusion in the Code. 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 Code of the
Village of Key Biscayne; 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. Effective Date. That this Ordinance shall be effective immediately upon
adoption on second reading.
PASSED AND ADOPTED on first reading this 4th day of September , 2007.
PASSED AND ADOPTED on second reading this 9th day of October , 2007.
MAYOR ROBERT L. VERNON
ATTEST:
CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
VILLAGE ATTO
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Exhibit "A"
NOTICE OF TRAFFIC MONITORING
ALL PERSONS ARE HEREBY ADVISED THAT CERTAIN INTERSECTIONS WITHIN
THE VILLAGE ARE SUBJECT TO RED LIGHT TRAFFIC SIGNAL ENFORCEMENT BY
PHOTOGRAPHIC MEANS AND THAT NOTICES OF VIOLATION MAY BE ISSUED TO
VEHICLE OWNERS AND/OR OPERATORS FOR THE VIOLATION OF TRAFFIC
SIGNALS, PURSUANT TO THE VILLAGE'S CODE ENFORCEMENT SYSTEM.
KEY BISCAYNE POLICE DEPARTMENT
Signage shall be readily observed from the adjacent roadways.
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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
0 V FERBEYRE, who on oath says that he or she is the
VICE PRESIDENT, 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 - PUBLIC NOTICE
MEETING OCTOBER 9, 2007
in the XXXX Court,
was published in said newspaper in the issues of
09/27/2007
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, commis on or refund for the purpose
of securing tJ is advert' s- ent fo publication in the said
newspape,
Sworn to and subscribed before me this
(SEAL)
O.V FERBEYRE personally kno
MARIA I. MESA
NOTARY PUBLIC STATE OF FLORID.
Commission #D0293855
Expires: MARCH 04, 2008
VILLAGE OF KEY BISCAYNE
OFFICE OF THE VILLAGECLERK
-PUBLIC NOTICE
Notice is hereby given that tM foliawing ordinance will be considered on
Second_FWadingbyetine VillageCut%iCil of the Village of Key Biscayne at
a meeting to be held on Tuesday, OcTer %MOirat 7:00p_m.,-in the
Council Chamber. located at 560 Crandon Boulevard, Key Biscayne,
Florida:
AN ORDINANCRAP THE VILLAGE OF KET MSCAYNE, FLORIDA;
AMENDING CHAPTER -215 OF THE VILLAGE CODE, 'TRAFFIC AND
vsocuroiefilMaillen ARTICLE IV, "DANGEROUS NTERSEC-
TpN sarriMilliftwavoR RECORDED AGE MONITORING
AND ENFOFICSieiroarRED LIGHT INFRACTIONS AND FOR RE-
LATED PROCEIl ''AFRO ; AMENDING CHAPTER 2
ADMNISTRA* !*R ICLE II 'CODE ENFORCEMENT',
SECTION 2-42 '' PENALTIES AND RELATED TERMS
CONSTRUED" -1tVPACIUTATE USE OF CODE ENFORCEMENT
MECHANISM FOR DANGEROUS INTERSECTION SAFETY; PROVID-
ING FOR SEVEMIMUTV; PROVIDING FOR 'INCLUSION N THE
CODE; PROVIMINMFOR AN EFFECTIVE DATE
The proposed Ordnance may be inspected by, public at the Office of
the Village Clerk. Interested parties May appear kt dre Public Hearing and
be heard with reepettio the proposed Ordlnano`b. Any person wibhing to
address the VBtayeCoundl on any Item at this Public Hearing is asked to
register with the Village Clerk prior to that Iternibelng heard.
In accordance with the Americans With DilRlbilities Act of 1990, all
persons who are disabled and who need spbolal accommodations to,
participate in this proceeding because of that dsattilky should contact the
Office of the Moe Clerk, 88 West McIntyre Street,
Suite
5 6 220, laey
ter
Biscayne, FlortAa 49, telephone number"(
than two bus fl0ssdayS prior to such proceeding. -
Should any person desire to appeal any decision of the Village Council
with respect to any matter to be considered at this meeting, that person
shall insure that a verbatim record of the proceedings is made Including all
testimony and evidence upon which any appeal may be based (F.S.
286.0105).
Comments of any interested party reiadve to this matter may be submitted
in writing and or presented in person at the public hearing.
9/27
Condtita H. Alvarez, CMC
Village Clerk
07-4-116/895405M