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4206 Red Light Cameras Ordinance No. 2010 -4206 An ordinance of the City of Sanford, Florida relating to traffic light safety; providing for legislative findings, intent and purposes; providing for definitions; establishing a red light camera enforcement program within the City Limits; authorizing the City to permit and implement the use of unmanned cameras /monitoring devices for red light infractions /red zone infractions; providing for enforcement processes and procedures including such matters as notice, a warning period, appeal hearings, penalties, imposition of administrative charges and collection; providing for exceptions; providing for directions relative to implementation; providing for penalties; providing for codification, conflicts, severability and an effective date. Whereas, the City of Sanford is located in a high density traffic area and regularly experiences traffic incidents related to the failure of motorists to obey duly erected traffic control devices, exposing its citizens to the dangers of personal injury and property damage; and Whereas, the City Commission of the City of Sanford is concerned with the inability to sufficiently enforce the State statutes prohibiting the running of red lights, due mainly to the requirement that enforcement of the State law requires the personal observation of law enforcement/police officers, affecting the ability to effectively reduce the significant dangers presented to motorists and pedestrians by the failure of motor vehicles to stop for a red light; and Whereas, the City Commission of the City of Sanford desires to maximize its law enforcement resources to ensure that police officers are able to be utilized for the most essential crime fighting purposes on an ongoing basis based upon the needs of law enforcement to respond to the requirements of the community in terms of maintaining public safety and good order within the community; and Whereas, the City Commission of the City of Sanford desires to utilize limited 1 Page public /fiscal resources in order to maintain public safety and good order within the community; and Whereas, the use of unmanned cameras to enforce toll violations on the State's system of toll roads has been determined to be fair, reasonable and sufficient by the State in order to effectively enforce laws regulating the payment of tolls without the need to commit the extreme amount of personnel that would be necessary without the use of unmanned cameras; and Whereas, similarly, the use of unmanned cameras will be effective in enforcing laws requiring drivers of motor vehicles to stop for red lights and will have the effect of freeing law enforcement personnel to respond to other, and sometimes more significant, incidents as well as serious crime; and Whereas, also, the use of unmanned cameras will protect law enforcement personnel who tend to be in precarious situations that are inherently dangerous when they engage in traffic enforcement activities within busy highways; and Whereas, local governments in different parts of the State and Nation have demonstrated the enhancement of vehicular and pedestrian traffic safety attributable to the integration of automated image capture technologies with traditional traffic law enforcement methodology, strategies and tactics; and Whereas, Section 316.008, Florida Statutes, grants municipalities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power, the authority to regulate and monitor traffic by means of law enforcement officers and security devices; and Whereas, the City of Sanford is vested with home rule authority pursuant to 2IPage Article VII, Section 2 of the Constitution of the State of Florida and Chapter 166, Florida Statutes, to enact an ordinance making the failure to stop for a red light indication a code violation, and to provide for enforcement of such violations; and Whereas, Opinion 05 -41 of the Attorney General of the State of Florida, dated July 12, 2005, issued to Samuel S. Goren, City Attorney for the City of Pembroke Pines, confirms the authority of the City to enact an ordinance making the failure to stop at a red light indication a code violation, to use unmanned cameras to monitor intersections in the City for such code violations, and to record the license tag numbers of motor vehicles involved in such violations; and Whereas, the Attorney General has opined that cities may not issue traffic citations under the State law to drivers for violations observed by the use of unmanned cameras and not otherwise observed by law enforcement officers; and Whereas, in order to be consistent with State law and the referenced Attorney General Opinion, the City will issue the uniform traffic citation prescribed by Chapter 316, Florida Statutes, and will not prosecute offenses of this Ordinance through the County Court, but, rather, through the City's code enforcement program, procedures and processes as established in this Ordinance; and Whereas, the City Commission of the City of Sanford finds it to be fair and reasonable to use the relatively same procedure used by the State to enforce toll violations through unmanned cameras, and to provide alleged violators with the opportunity to have a hearing within the City using pertinent and appropriate City - adopted code enforcement procedures, programs, and processes; and Whereas, the City of Sanford has patiently awaited legislative action by the 3IPage Florida Legislature relating to the use of red light camera technology, but the Legislature has failed to act; and Whereas, the City Commission of the City of Sanford finds that it is not prudent to further wait for actions of the Florida Legislature as the actions resulting from the enactment of this Ordinance could save lives and substantially reduce dangerous circumstances and conditions faced by the travelling public; and Whereas, the City Commission of the City of Sanford is aware of the issues arising with regard to and the actions taken by other local governments throughout the State with regard to the use of red light camera technology; and Whereas, the City Commission of the City of Sanford finds that implementation of the enforcement program as set forth in this Ordinance will promote, protect and improve the health, safety and welfare of its citizens, consistent with the authority of and limitations on the City pursuant to the Constitution of the State of Florida and the Florida Statutes. Now, therefore, be it enacted by the People of the City of Sanford, Florida: Section 1. Legislative findings, intent and purposes. (a). The foregoing recitals (whereas clauses) are hereby adopted as the legislative findings of the City Commission of the City of Sanford as well as the City staff report and City Commission agenda memorandum relating to this matter as if fully set forth herein. (b). The purpose of this Ordinance is to authorize the use of an unmanned cameras /monitoring system to promote compliance with red light signal directives as set forth in this Ordinance, and to adopt a civil enforcement system for red light signal 41Page violations /infractions. This Ordinance will supplement law enforcement personnel in the enforcement of red Tight signal violations /infraction and shall not prohibit law enforcement officers from issuing a citation for red Tight signal violations /infractions in accordance with normal statutory traffic enforcement techniques and operations. (c). The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. Section 2. Policy And Authorization Of The Use Of Image Capture Technologies. The City shall utilize image capture technologies as a supplemental means of monitoring compliance with the State laws related to traffic control signals, while assisting law enforcement personnel in the enforcement of such laws, which are designed to protect and improve the public health, safety and welfare. This Ordinance shall not supersede, infringe, curtail or impinge upon State laws related to red light signal violations /infractions or conflict with such laws. The City shall utilize image capture technologies as an ancillary deterrent to traffic control and traffic signal violations /infractions and to thereby reduce accidents and injuries associated with such violations /infractions as well as the potential loss of life. Nothing herein shall conflict with the primary jurisdiction of the City to install and maintain traffic signal devices. This section shall serve to enable the City to provide enhanced enforcement and respect for authorized traffic signal devices. The City may utilize image capture technologies as an ancillary deterrent to traffic control signal violations /infractions and to thereby reduce accidents and injuries associated with such violations /infractions. Notices of red zone infractions issued pursuant to this Ordinance shall be addressed using the City's code 51Page enforcement processes using special magistrates (hearing officers) as set forth in this Ordinance and not uniform traffic citations in the County Courts or other enforcement mechanisms available. Any placement of any facility on any property pertaining to the installation of image capture technologies and its appurtenances by the City or its agents shall not be deemed to be development in accordance with the controlling provisions of law defining such activity. The provisions of this Ordinance shall not bar the use of uniform traffic citations in the County Courts when City law enforcement personnel decide, as they determine to be appropriate based upon law enforcement practices and principles, not to rely on this Ordinance as the enforcement mechanism for a specific violation. The City Manager, or designee is hereby delegated the authority to select locations within the City for the traffic control signal monitoring system /devices, and related and appurtenant systems, and may authorize installation, operation, and maintenance of the camera /monitoring system on or proximate to rights -of -way located within the City as determined to be appropriate after consultation with the City Attorney and the City Chief of Police. Section 3. Definitions. (a). The term hearing officer means the City's Code Enforcement Special Magistrate as described in Section 26 -36 of the City Code, and who is authorized to enforce the payment of citations issued pursuant to this Ordinance. (b). The term intersection means 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 (2) roads which join or intersect each other at, or approximately at, right angles; or the area within which motor vehicles traveling upon different roads Wage joining at any other angle may come in conflict. (c). The term motor vehicle shall have the meaning set forth in the definition in Section 316.003 (21), Florida Statutes, or its successor provision. (d). The term notice of red zone infraction means a citation issued for a red zone infraction. (e). The term owner means the person or entity identified by the Florida Department of Highway Safety and Motor Vehicles, or other state motor vehicle registration office, as the registered owner of a motor vehicle. Such term shall also mean a lessee of a motor vehicle pursuant to a lease having a term of six (6) months or more. (f). The term recorded images means images recorded by a traffic control signal monitoring system /device: 1. On: Two (2) or more photographs, or Two (2) or more electronic images; or Two (2) or more digital images, or Digital or video movies; or Any other medium that can display a violation /infraction; and 2. Showing the rear of a motor vehicle and on at least one (1) image, clearly identifying the license plate number of the motor vehicle. (g). The term red zone infraction means a traffic offense whereby a traffic control signal monitoring system establishes that a motor vehicle entered an intersection controlled by a duly erected traffic control device at a time when the traffic 7IPage control signal for such motor vehicle's direction of travel was emitting a steady red signal. (h). The term traffic control infraction review officer means the City Police Department employee designated pursuant to this Ordinance to review recorded images; to issue citations for red zone infractions based upon those images, and to enforce the payment of the citation. (i). The term traffic control signal means a device exhibiting different colored lights or colored lighted arrows, successively, a single light 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 Section 316.075, Florida Statutes. (j). The term traffic control signal monitoring system /device means an electronic system consisting of a motor vehicle sensor or multiple sensors, working in conjunction with a traffic control signal, still cameras and video recording device, to capture and produce recorded images of motor vehicles entering an intersection against a steady red light signal indication or otherwise. Section 4. Adherence To Red Light Traffic Control Signals. The driver of a motor vehicle facing a traffic control signal's steady red light indication shall stop the motor vehicle before entering the crosswalk on the near side of an intersection or, if none, then before entering the intersection and shall maintain the motor vehicle standing until a green indication is shown on the traffic control signal; provided, however, that the driver of a motor vehicle which is stopped at a clearly marked stop line, or if none, at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the 8IPage 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. A driver of a motor vehicle which is facing a traffic control signal's steady red light may only make a right turn when in full compliance with the requirements of Section 316.075 and 316.155, Florida Statutes. Section 5. Violations /infractions. A violation /infraction of this Ordinance (a red zone infraction) shall occur when a motor vehicle does not comply with the requirements of Section 4. It is prohibited and unlawful for the driver of a motor vehicle to fail to comply with the requirements of Section 4. Violations /infractions shall be enforced pursuant to Section 7. Section 6. Notice; Transitional Period. The City Manager, or designee, shall provide notice to the public of the City's "Red Light Camera Safety Program" as set forth in this Ordinance prior to commencing enforcement under the Program pursuant to this Ordinance. The Police Chief shall notify the City Manager in writing when the red light camera system is operating correctly at the initial location(s) established. For the thirty (30) 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 /infraction. Commencing thirty -one (31) days after the above referenced notification, any vehicle owner committing a red zone infraction is subject to the 9IPage enforcement provisions provided in this Ordinance and no warning shall be given pursuant to this Section. Section 7. Review Of Recorded Images. (a). The owner observed by recorded images committing a red zone infraction, shall be issued a notice of red zone infraction. The recorded image shall be sufficient grounds to issue a notice of red zone infraction. (b). The City shall designate a person or persons, who shall, at a minimum, meet the qualifications set forth in Section 316.640(5) (a), Florida Statutes, or any other relevant statute, as a traffic control infraction review officer. The traffic control infraction review officer shall review recorded images prior to the issuance of a notice of red zone infraction to ensure accuracy and the integrity of the recorded images. The traffic control infraction review officer shall also verify that the traffic control monitoring system /devices that captured the recorded images was /were functioning properly at the time the recorded images were captured. Once the traffic control infraction review officer has verified the accuracy of the recorded images and functionality of the traffic control monitoring system /devices, he or she shall complete a report, and a notice of red zone infraction shall be sent to the owner at the address on record with the Florida Department of Highway Safety and Motor Vehicles or any other state motor vehicle registration office. Section 8. Notice Of Red Zone Violation/ Infraction. (a). The notice of red zone infraction shall include, at a minimum, the following: (1). The name and address of the owner; 101 Page (2). The license plate number and registration number of the motor vehicle; (3). The make, model, and year of the motor vehicle; (4). Notice that the violation /infraction charged is pursuant to this Ordinance; (5). The location of the intersection where the red zone infraction occurred; (6). The date and time of the red zone infraction; (7). Notice that the recorded images relating to the motor vehicle and a statement that the recorded images are evidence of a red zone infraction; (8). The civil penalty imposed; (9). Images depicting the red zone infraction and information that identifies the device that recorded the violation /infraction; (10). The procedures for payment of the civil penalty and contesting the notice of red zone infraction; (11). A signed statement by the traffic control infraction review officer that, based on his /her inspection of the recorded images, that he /she has found reasonable and probable grounds to believe that the vehicle was involved in and was utilized to commit a red zone infraction pursuant to this Section and that he /she can identify the license tag number of the violating vehicle; (12). Information advising the person alleged to be liable under this 11 Page Section of the manner and time in which liability, as alleged in the notice of red zone infraction, may be appealed and warning that failure to pay the civil penalty or to contest liability in a timely manner is an admission of liability. (13). A conspicuous statement, printed on larger font than the remaining statements on the notice of infraction violation /infraction, and bolded, stating that if the owner of the vehicle fails to pay the civil fee fine within the time allotted, or fails to timely appeal the infraction notice of violation /infraction, the owner shall be deemed to have waived his /her right to contest the infraction notice of violation /infraction; has admitted to the infraction in the notice of infraction /violation; and a default may be entered thereon. (b). The City Manager, in conjunction with the City Police Chief and City Attorney, shall have authority to promulgate the form described herein. (c). Notices under this Section shall be sent by first -class mail addressed to the registered owner of the motor vehicle. Section 9. Owner Responsibilities. (a). An owner receiving a notice of red zone infraction may, within twenty -one (21) days of the date of the notice of red zone infraction: (1). Pay the assessed civil penalty pursuant to instructions on the notice of red zone infraction; or (2). Request an appeal pursuant to Section 10. (b). The failure to comply with the provisions of this Section within twenty -one 121Page (21) days from the date of the notice of red zone infraction shall constitute a waiver of the right to contest the notice of red zone infraction and will be considered a conclusive and non - rebuttable admission of liability. Section 10. Appeal To Hearing Officer. (a). The City's hearing officer shall consider appeals under this Ordinance within twenty one (21) days of the date of the notice of red zone infraction. The owner may file an appeal with the City pursuant to the directions set forth in the notice of red zone infraction. A hearing on the appeal shall be scheduled upon timely submission of the appeal. (b). Upon receipt of the appeal, the City shall schedule a hearing before the hearing officer to occur not later than sixty (60) days after City's receipt of the appeal request. A notice of hearing shall be provided to the owner no less than ten (10) days prior to the hearing, and shall be delivered by means of certified U.S. mail to the same address to which the notice of red zone infraction was sent. (c). The following shall be grounds for relief upon the filing of an appeal: (1). At the time of the red zone infraction, the motor vehicle was not under the care, custody, or control of the owner or an individual with owner's consent, established pursuant to affidavit as provided in Section 11. (2). The motor vehicle driver was issued a citation by a law enforcement officer, which was separate and distinct from the citation issued under this Section, for violating the steady red traffic control signal; 13IPage (3). The motor vehicle driver was required to violate the steady red traffic control signal in order to comply with other governing laws; (4). The motor vehicle driver was required to violate the steady red traffic control signal in order to reasonably protect the property or person of another or was authorized to do so under the provisions of controlling State law; (5). The steady red traffic control signal was inoperable or malfunctioning; or (6). Any other reason the hearing officer deems appropriate, based upon clear and convincing evidence, relating to whether the owner could have reasonably avoided committing the red zone infraction. (d). The traffic control infraction review officer shall testify at the appeal hearing. The owner, or his or her representative, may also present testimony and evidence. (e). A certificate sworn to or affirmed by a person authorized under this Section who is employed by or under contract with the City, or a facsimile thereof, that is based upon inspection of recorded images, as defined herein, is prima facie evidence of the facts contained in the certificate. The recorded images must be available for inspection in the proceeding. Recorded images indicating a red zone infraction, verified by the traffic control infraction review officer, are admissible in any proceeding before the hearing officer to enforce the provisions of this Ordinance, and shall constitute prima facie evidence of the violation /infraction. (f). Unless an affidavit is provided pursuant to Section 11, it is presumed the 141Page person registered as the owner with the Florida Department of Highway Safety and Motor Vehicles or any other state motor vehicle registration office, or an individual having the owner's consent, was operating the motor vehicle at the time of a red zone infraction. (g). At the conclusion of the appeal hearing, the hearing officer shall issue a written decision either granting or denying the appeal. Section 11. Owner Affidavit Of Non - Responsibility. (a). The registered owner of the motor vehicle involved in a violation /infraction is responsible and liable for payment of the fine assessed pursuant to this Section unless the owner establishes that the motor vehicle, at the time of the red zone infraction: (1). Was in the care, custody, or control of another person without the consent of the registered owners; or (2). Was stolen; or (3). Was subject to a short term (less than six (6) 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 that he or she was not the operator of the vehicle; (4). Was passing through the intersection in order to yield right -of way to an emergency vehicle or was part of a funeral procession; or (5). Was passing through the intersection at the direction of a law enforcement officer; or 151Page (6). Was passing through the intersection against a steady red Tight due to a documented medical emergency; or (7). Was cited previously for the alleged violation of Section 316.075(1) (c), Florida Statutes, through the issuance of a uniform traffic citation; or (8). Was not a motor vehicle that was owned by the owner. (b). In order to establish any of the circumstances outlined above, the motor vehicle owner is required, within twenty -one (21) days from the date listed on the notice, to furnish to the City, an executed affidavit, and appropriate documentation, setting forth the circumstances demonstrating that the motor vehicle, at the time of the red zone infraction: (1). Was In the care, custody, or control of another person without the consent of the registered owners; or (2). Was stolen; or (3). Was subject to a short term (less than six (6) 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 that he or she was not the operator of the vehicle; or (4). Was passing through the intersection in order to yield right -of way to an emergency vehicle or was part of a funeral procession; or (5). Was passing through the intersection at the direction of a law enforcement officer; or 161Page (6). Was passing through the intersection against a steady red light due to a due to a documented medical emergency; or (7). Was cited previously for the alleged violation of Section 316.075(1) (c), Florida Statutes, through the issuance of a uniform traffic citation; or (8). Was not a motor vehicle that was owned by the owner. (c). The following language immediately above the signature line in any affidavit submitted pursuant to this Ordinance: "Under penalties of perjury, I declare that I have read the foregoing affidavit and that the facts stated in it are true." (d). The owner may present an affidavit pursuant to this Section, as a defense in the proceeding before the hearing officer relating to the alleged red zone infraction. (e). Upon timely receipt of a sufficient affidavit pursuant to this Section, any prosecution of the notice issued to the vehicle owner shall be terminated absent competent substantial evidence that the affidavit is false. Proceedings may be then commenced by the City against the responsible person identified in the affidavit, and in such event, the responsible person shall be subject to the same process and procedures that are applicable to vehicle owners. Section 12. Penalties. (a). A violation (infraction) of this Ordinance shall be deemed a non - criminal, non - moving violation /infraction for which a civil penalty in the amount of $150.00 shall be assessed. (b). As the red zone infraction relates to this Ordinance and not the Florida Statutes, or any violation thereof, and no points as provided in Section 322.27, Florida 171Page Statutes, shall be recorded on the driving record of the motor vehicle owner or responsible party, the City shall take no action in that regard. Section 13. Administrative Charges. In addition to the penalty assessment imposed pursuant to Section 12, administrative charges, as may be allowed by law, in the amount of the City's actual costs shall be assessed in the event of an unsuccessful appeal and the City's taking action in the event it institutes collection procedures. The Order relating to such charges shall be entered by a hearing officer upon submission of supporting documentation by the City. Section 14. Collection Of Penalties And Charges. The City Manager may establish procedures and processes for the collection of any penalty or charge imposed or assessed under the provisions of this Ordinance and the City Attorney may seek enforcement and collection of such penalties and charges by civil action in the nature of debt. Section 15. Exceptions. (a). This Ordinance shall not apply to red zone infractions involving motor vehicle collisions or to any authorized emergency vehicle responding to a bona fide emergency. (b). A notice of red zone infraction may not be issued in any case where the operator of the motor vehicle was issued a citation for violating State law regarding the failure to stop at a red light indication. 181P age Section 16. Signage. The City shall, to the extent practicable, at the primary motor vehicle entry points to the City, or at other locations determined by the City Manager, or designee, cause to be erected and maintained signs providing notice that a traffic control signal monitoring system may be in use within the City. Section 17. Codification. The provisions of this Ordinance, including its recitals, shall become and be made a part of the City Code of the City of Sanford, Florida and the sections of this Ordinance may be renumbered or re- lettered to accomplish such intention and the word "Ordinance ", or similar words, may be changed to "Section," "Article ", or other appropriate word; provided, however, that Sections 17, 18, 19 and 20 shall not be codified. The Code codifier is granted liberal authority to codify the provisions of this Ordinance. Section 18. Conflicts. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. Section 19. Severability. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. 191Page Section 20. Effective Date. This Ordinance shall take effect immediately upon passage and adoption. Passed and adopted this 22 day of February, 2010. City Commission of the City of Sanford, Florida Seminole County, Florida Linda Ku n, Mayor Attest: Qact4( / t Janet Dougherty, Ci Clerk v Ja Approved as to form and -.alit ./ eiti William L. Colbert, Esq re Ti porney f fV (6Yt00 20IPage