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HomeMy WebLinkAboutLegislation-SUBCity of Miami Legislation Ordinance: 12974 SDBSTITUTE ITEM —SR. February 28,2008 City Hal 3500 Pan Am Drive Miami, FL 3 www.miamig File Number: 07-01279 Final Action Date:2/2 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 35 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED, "MOTOR VEHICLES AND TRAFFIC," BY CREATING ARTICLE X, ENTITLED, "DANGEROUS INTERSECTION SAFETY," PROVIDING FOR RECORDED IMAGE MONITORING AND ENFORCEMENT OF RED LIGHT INFRACTIONS, AND FOR RELATED PROCEDURES AND PROVISIONS; FURTHER AMENDING CHAPTER 2, ARTICLE X, SECTION 2-829, ENTITLED "ADMINISTRATION/CODE ENFORCEMENT/SCHEDULE OF CIVIL PENALTIES," TO FACILITATE USE OF CODE ENFORCEMENT MECHANISM FOR DANGEROUS INTERSECTION SAFETY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the running of red lights causes a safety hazard affecting every citizen and tray the City of Miami ("City"); and WHEREAS, the City wishes to reduce the running of red lights by creating an additional enforcement mechanism; and III W F- z CO co 0 !•. , r L. `i)5 W0O Z () W nZQ .♦�.ryrye ,, W _ W �--.O co WHEREAS, the City Commission, after careful consideration of this matter, deems it advisa•re---and"' in the best interest of the general welfare of the City and its inhabitants to approve this enforcement as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 35 of the Code of the City of Miami, Florida, as amended, entitled, "Motor Vehicles and Traffic," is amended in the following particulars:{1} "CHAPTER 35 Motor Vehicles and Traffic ARTICLE X. DANGEROUS INTERSECTION SAFETY City of Miami Page 1 of Printed On: 2/29/2008 File Number: 07-01279 Enactment Number: 12974 Sec. 35-348. Intent. The purpose of this article is to authorize the use of 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 rohibit law enforcement officers from issuing a citation for a red Tight signal violation in accordance with other routine statutor traffic enforcement techniques. Sec. 35-349. Use of Image Capture Technologies. The City 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 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 and to thereby reduce accidents and injuries associated with such violations. Notices of infractions issued pursuant to the article shall be addressed using the City of Miami's own Special Masters pursuant to Article X of Chapter 2 of the City Code and not through uniform traffic citations or county courts. This shall not bar the use of uniform traffic citations and the county courts when city police personnel decide not to rely on this article as the enforcement mechanism for a specific violation. Section 35-350. Definitions. 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. OWNERNEHICLE 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. On: RECORDED IMAGES. Images recorded by a traffic control signal monitoring system/device: Two or more photograpi-t°4 jy Two or more electronic rtta es4," . °` DOCUMENT IS A SUBSTITUTION TO `;CAL BACKk.,:ii7. CAN BE T END aviNe . y. pc,.-, ;+ �.* • . ti ti: t' 4 t J T City of Miami Page 2 of 8 Printed On: 2/29/2008 File Number: 07-01279 Enactment Number: 12974 Two or more digital images; Digital or video movies or Any other medium that can display a violation; and 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. SPECIAL MASTER. The City's Code Enforcement Special Master, as described in Chapter 2, Article X of the City Code. TRAFFIC CONTROL INFRACTION REVIEW OFFICER. The City police department employee designated pursuant to Sec. 35-354 (2) 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 Fla. Statute 5316.075. 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 Tight signal indication. Sec. 35-351. Adherence to Red Light Traffic Control Signals. Motor vehicle traffic facing a traffic control signal's steady red Tight 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 stopped at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection orif 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. 35-352. 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 Sec. 35-351. Violations shall be enforced pursuant to Sec. 35-354. Sec. 35-353. Ninety Day Notice; Introductory Period. The Police Chief shall notify the City Manager when the red light camera system is operatina 1THIS DOCUMENT IS A SUBSTITUTION TO �.:,�.. ,...,. �. CAN BE • "O�w I...BACKUP.F,�Y��.°_ City of Miami '1 Yin P9nna File Number: 07-01279 Enactment Number: 12974 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. 35-354. Review of Recorded Images. 1. The owner of the vehicle which is observed by recorded images committing a red zone infraction, shall be issued a Civil Infraction Notice (hereinafter also known as a "Notice"). The recorded image shall be sufficient grounds to issue a Notice. 2. The City's Chief of Police shall designate a Traffic Control Infraction Review Officer, who shall be a police officer of the City or who shall meet the qualifications set forth in Fla. Statute §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. 35-355. Civil Infraction Notice. The Notice shall be in the form as provided for in Sec. 2-823 of the City Code but shall also include: The name and address of the vehicle owner; The license plate number and registration number of the vehicle; The make, model, and year of the vehicle; Notice that the infraction charged is pursuant to the Article; The location of the intersection where the infraction occurred; Notice that there are recorded images relating to the vehicle and a statement that the recorded images are evidence of a red zone infraction; Images depicting the infraction; 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. 35-356. Vehicle Owner Responsibilities. A vehicle owner receiving a notice may: a. Pay the assessed civilpenalty pursuant to instructions on the Notice; or b. Appear before the Special Master to contest the Notice. The failure to pay the assessed civil penalty and failure to appear before the Special Master 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. 'THIS ' .IMENT IS A SUBSTITUTION TO LACKUP. ORIGINAL CAN BE •; H AT END OF I DOCUMENT City ofM i ;»r.rr■�► /mums um: Add-2008 File Number: 07-01279 Enactment Number: 12974 Sec. 35-357. Hearing Before the Special Master. The City's Code Enforcement Special Masters are authorized to hold hearings related to the enforcement of this Article. A hearin shall be scheduled for all notices for which the vehicle owner timely requests an administrative hearing. Upon receipt of the named violator's timely request for an administrative hearing, the City shall schedule a hearing before the Special Master pursuant to Section 2-825 of the City Code. Notice of hearing shall be provided to the vehicle owner pursuant to the notice provisions contained in Article X of Chapter 2 of the City Code. The hearing shall be held pursuant to the procedures set forth in Article X of Chapter 2 of the City Code. The Traffic Control Infraction Review Officer may testify at the hearing. The vehicle owner ma present testimony and evidence. Recorded images indicating a red zone infraction, verified by the Traffic Control Infraction Review Officer, are admissible in any proceeding before the City's Special Master to enforce the provisions of this Article and shall constitute prima facie evidence of the violation. Unless an affidavit is providedpursuant to Sec. 35-358, it is presumed that 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. 35-358. Vehicle Owner Affidavit of Non -Responsibility. In order for the vehicle owner to establish that the motor vehicle was, at the time of the red zone infraction, either: (a) in the care, custody, or control of another person without the consent of the registered owner; or (b) 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 City, an affidavit setting forth the circumstances demonstrating, either: (a) 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 (b) that the motor vehicle was subiect 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 agreementLas applicable. The affidavit must be executed in the presence of a Notary, and include: a. 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 b. The name, address and driver's 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 If the vehicle was stolen, the police report indicating the vehicle was stolen at the time of the alle•ed red zone infraction; a THIS DOCUMENT IS A S$‘.,,.3'r ""S..r.. LITION TO BAC'��,�..�a k.�,,..;..� .;� CAN BE ORIGINAL K 1. a. i� . �. ; ti- . .�L O �ri �.� SEEN AT END t.,.'. City of Miami Page 5 of 8 Printed On: 2/29/2008 File Number: 07-01279 Enactment Number: 12974 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." 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 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 which are applicable to vehicle owners. Sec. 35-359. Administrative Charges. In addition to the penalty pursuant to Sec. 35-362 herein, administrative charges may be assessed pursuant to Article X of Chapter 2 of the City Code in the event of a hearing and/or the necessity to institute collection procedures arises. Sec. 35-360. Collection of Fines. Collection of fines shall be accomplished pursuant to Article X of Chapter 2 of the City Code. However, the provisions of Section 2-2181e) of this Code and Section 162.09(3) Fla. Stat., as amended, shall not be applicable to this Article. Sec. 35-361. 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. 35-362. Penalty. A violation of this Article shall be deemed a non -criminal, non-moving violation for which a civil penalty as proscribed in Article X of Chapter 2 of the City Code, shall be assessed. As the violation relates to this Article and not to the Florida Statutes, no points as otherwise provided in Fla. Statute §322.27, shall be recorded on the driving record of the vehicle owner or responsible party. Sec. 35-363. Enforcement. This Article may be enforced by any other means available to the City. Sec. 35-364. Signage. The City shall, to the extent practicable, at the primary motor vehicle entry points to the City, 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 signs shall not invalidate or impair any enforcement of this Article. Section 3. Chapter 2, Article X, Section 2-829, of the code of the..cit € r RIINAL CAN BE City of Miami SELN THIS YT.. °- CUM NT .Page k of 8 ,x '.; rune ' / n: 2/29/2008 File Number: 07-01279 Enactment Number: 12974 amended, entitled "Administration/Code Enforcement/Schedule of Civil Penalties," is amended in the following particulars:{1} "CHAPTER 2 ADMINISTRATION ARTICLE X. CODE ENFORCEMENT Sec. 2-829, Schedule of civil penalties. Code Section Description of Violation Civil Penalty * * * 35-25 et seq. Violation of the Dangerous Intersection Safety $125.00 first offense $250.00 second offense $500.00 each additional offense * Section 4. All ordinances or parts of ordinances that are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 5. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance shall be come effective thirty (30) days after final reading and adoption thereof.{2} APPROVED AS TO FORM AND CORRECTNESS: MARIA J. CHI% INTERIM CITY ATTORNEY Footnotes: THIS DOC' OF SEE SUBSTITUTION TO , W1CiiNAL MN BE ,..HIS DOCUMENT City of Miami Page 7 of 8 Printed On: 2/29/2008 File Number: 07-01279 Enactment Number: 12974 {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. THIS DOCUMENT IS C:I: : 13 I NAL B$ SEEN AT END OF THIS' City of Miami Page 8 of 8 Printed On: 2/29/2008 City of Miami Legislation Ordinance ile Number: 07-01279 Final Action Date: N ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), A " NDING CHAPTER 35 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, EN TLED, "MOTOR VEHICLES AND TRAFFIC," BY CREATING ARTICLE X, ENTI ED, "DANGEROUS INTERSECTION SAFETY," PROVIDING FOR RECOR► D IMAGE MONITORING AND ENFORCEMENT OF RED LIGHT 1NFRACTI o NS, AND FOR RELATED PROCEDURES AND PROVISIONS; FURTHER A ENDING CHAPTER 2, ARTICLE X, SECTION 2-829, ENTITLED "ADMINISTRAION/CODE ENFORCEMENT/SCHEDULE OF CIVIL PENALTIES," TO FACILITATE SE OF CODE ENFORCEMENT MECHANISM FOR DANGEROUS IN • RSECTION SAFETY; CONTAINING A REPEALER PROVISION, A SEV. RABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the running of red ligh causes a safety hazard affecting every citizen and traveler the City of Miami ("City"); and WHEREAS, the City wishes to reduce th- unning of red lights by creating an additional enforcement mechanism; and WHEREAS, the City Commission, after careful ••nsideration of this matter, deems it advisable and in the best interest of the general welfare of the City a 'd its inhabitants to approve this enforcement as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COM SION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble • this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 35 of the Code of the City of Miami, Florida, as a -nded, entitled, "Motor Vehicles and Traffic," is amended in the following particulars:(1) "CHAPTER 35 Motor Vehicles and Traffic ARTICLE X. DANGEROUS INTERSECTION SAFETY city of A'iammi Page 1 of 8 Printed On: 10/16/2007 -.7.1,717577.141 File Number: 07-01279 c. 35-348. Intent. e purpose of this article is to authorize the use of unmanned cameras/monitoring system to promo - compliance with red light signal directives as proscribed by this article, and to adopt a civil enforce -nt system for red Tight signal violations. This article will also supplement law enforcement personnel the enforcement of red Tight signal violations and shall not prohibit law enforcement officers from 'ssuinq a citation for a red light signal violation in accordance with other routine statutory_ traffic enforce ' ent techniques. Sec. 35-349. Use •f Image Capture Technologies. The City shall utili - image capture technologies as a supplemental means of monitoring compliance with laws re -ted 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 •t supersede, infringe, curtail or impinge upon state or county laws related to red Tight signal violations o onflict with such laws. Nothing herein shall conflict with the primary jurisdiction of Miami -Dade Cou to install and maintain traffic signal devices. This article shall serve to enable the City to provide enh ced enforcement and respect for authorized traffic signal devices. The City may utilize image capture-chnologies as an ancillary deterrent to traffic control signal violations and to thereby reduce acci• -nts and injuries associated with such violations. Notices of infractions issued pursuant to the articl . shall be addressed using the City of Miami's own Special Masters pursuant to Article X of Chapter ' of the City Code and not through uniform traffic citations or county courts. This shall not bar the use o niform traffic citations and the county courts when city police personnel decide not to rely on this a le as the enforcement mechanism for a specific violation. Section 35-350. Definitions. The following definitions shall apply to this article: INTERSECTION. The area embraced within the prolo •ation or connection of the lateral curb line; or, if none, then the lateral boundary lines, of the roadways • two roads which join or intersect one another at, or approximately at, right angles; or the area within hich vehicles traveling upon different roads ioininq at any other angle may come in conflict. MOTOR VEHICLE. Any self-propelled vehicle not operated upn rails or guide way, but not including any bicycle or electric personal assisted mobility device. OWNERNEHICLE OWNER. The person or entity identified by the Flo 'da Department of Motor Vehicles, or other state vehicle registration office, as the registered owner o a vehicle. Such term shall also mean a lessee of a motor vehicle pursuant to a lease of six months 'r more. RECORDED IMAGES. Images recorded by a traffic control signal monitorin• system/device: On: Two or more photographs; Two or more electronic images; Two or more digital images City of Miami Page 2 of 8 Prinuvl On: 10/16,2007 File Number: 07-01279 gital or video movies; or An other medium that can display a violation; and Show • the rear of a motor vehicle and on at least one image, clearly identifying the license plate number . f the vehicle. RED ZONE FRACTION. A traffic offense whereby a traffic control signal monitoring system established th- a vehicle entered an intersection controlled by a duly erected traffic control device at a time when the t =ffic control signal for such vehicle's direction of travel was emitting a steady red signal. SPECIAL MASTER. he City's Code Enforcement Special Master, as described in Chapter 2, Article X of the City Code. TRAFFIC CONTROL INF CTION REVIEW OFFICER. The City police department employee designated, pursuant to Sec. 5-354 (2) herein, to review recorded images and issue red zone infractions based upon those i -qes. TRAFFIC CONTROL SIGNAL. A evice exhibiting different colored lights or colored lighted arrows, successively one at a time or in comnation, using only the colors preen, yellow, and red which indicate and apply to drivers of motor v hicles as provided in Fla. Statute §316.075. TRAFFIC CONTROL SIGNAL MONITOR' G SYSTEM/DEVICE. An electronic system consisting of one or more vehicle sensors, working in corn nction with a traffic control signal, still camera and video recording device, to capture and produce reco •ed images of motor vehicles entering an intersection against a steady red light signal indication. Sec. 35-351. Adherence to Red Light Traffic Contro ignals. Motor vehicle traffic facing a traffic control signal's s : ady red Tight indication shall stop before entering the crosswalk on the near side of an intersection • , if none, then before entering the intersection and shall remain standing until a green indicati• is shown on the traffic control signal; however, the driver of a vehicle which is stopped at a clearly rked stop line, but if none, before enteringthe crosswalk on the near side of the intersection or, if .ne, then at the point nearest the intersecting roadway where the driver has a view of approaching t =ffic on the intersecting roadway before entering the intersection in obedience of a steady red traffic •ntrol signal, may make a right turn (unless such turn is otherwise prohibited by posted sign or other -ffic control device) but shall yield right-of-way to pedestrians and other traffic proceeding as directe. •y the traffic control signal at the intersection. Sec. 35-352. Violation. A violation of this article, known as a red zone infraction, shall occur when a •tor vehicle does not comply with the requirements of Sec. 35-351. Violations shall be enforced pursuan to Sec. 35-354. Sec. 35-353. Ninety Day Notice; Introductory Period. The Police Chief shall notify the City Manager when the red Tight camera system is ope -ling correctly at the initial location established. For the ninety days following said notification. unl- s the Citp of Miami Page 3 of 8 Printed On: 10/16/2007 File Number: 07-01279 driver of a vehicle received a citation from a police officer at the time of a red zone infraction in cordance with routine traffic enforcement techniques, the vehicle owner shall receive a warning in th- form of a courtesy notice of the violation. Commencing ninety-one days after the abo --referenced notification, the vehicle owner is subject to the enforcement provisions as provided herein .nd no warning shall be given pursuant to this Article. Sec. 35-3 - . Review of Recorded Images. 1. The o er of the vehicle which is observed by recorded images committing a red zone infraction, shall . - issued a Civil Infraction Notice (hereinafter also known as a "Notice"). The recorded image s -II be sufficient grounds to issue a Notice. 2. The City's Chief o olice shall designate a Traffic Control Infraction Review Officer, who shall be a police officer of the City •r who shall meet the qualifications set forth in Fla. Statute g.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 N ice to ensure the accuracy and integrity of the recorded images. Once the Traffic Control Infraction -view Officer has verified the accuracy of the recorded images, he or she shall complete a report, an a Notice shall be sent to the vehicle owner at the address on record with the Florida Department of Hi • way Safety and Motor Vehicles or the address on record with the appropriate agency having such in • rmation in another state. Sec. 35-355. Civil Infraction Notice. The Notice shall be in the form as proveed for in Sec. 2-823 of the City Code but shall also include: The name and address of the vehicle owner; The license plate number and registration number . the vehicle; The make, model, and year of the vehicle; Notice that the infraction charged is pursuant to the Art le; The location of the intersection where the infraction occu ed; Notice that there are recorded images relating to the vehic = and a statement that the recorded images are evidence of a red zone infraction; Images depicting the infraction; A signed statement by the Traffic Control Infraction Review Offic= that, based on inspection of recorded images, the vehicle was involved in and was utilized to comit a red zone infraction. Sec. 35-356. Vehicle Owner Responsibilities. A vehicle owner receiving a notice may: a. Pay the assessed civil penalty pursuant to instructions on the Notice; or b. Appear before the Special Master to contest the Notice. The failure to pay the assessed civil penalty and failure to appear before the Specia aster to contest the Notice will be considered an admission of liability and in such case an order may b entered against the violator for an amount up to the maximum civil penalty, plus any administraticosts. Sec. 35-357. Hearing Before the Special Master. Cit!! (/Ahem; Page 4 of 8 Primed Oa: !(I/16/20 07 File Number: 07 : / 279 n City's Code Enforcement Special Masters are authorized to hold hearings related to the enfo ement of this Article. A hearing shall be scheduled for all notices for which the vehicle owner timely -quests an administrative hearing. Upon rece •t of the named violator's timely request for an administrative hearing, the City shall schedule a -arinq before the Special Master pursuant to Section 2-825 of the City Code. Notice of hearing shall : - provided to the vehicle owner pursuant to the notice provisions contained in Article X of Chapter 2 of e City Code. The hearing shall b . rltiu pursuant to the procedures seL._ ... " (7.haoter 2 of the City Code. The Traffic Control Infraction Review Officer may testify at the hear1114. "chicle owner may present testimony and - idence. Recorded images indicatin• a red zone infraction; verified by the Traffic Control Infraction Review Officer, are admissible in an •roceedinq before the City's Special Master to enforce the provisions of this Article. and shall constitute •rima facie evidence of the violation. Unless an affidavit is provided pur ant to Sec. 35-358, it is presumed that the person registered as the vehicle owner with the Florida D- •artment of Motor Vehicles or any other state vehicle registration office, or an individual having the own- 's consent, was operating the vehicle at the time of a red zone infraction. Sec. 35-358. Vehicle Owner Affidavit of Non esponsibility. In order for the vehicle owner to establish that t - motor vehicle was, at the time of the red zone infraction, either: (a) in the care, custody, or cont •I of another person without the consent of the registered owner; or (b) was subject to a short term ess than six months) car rental agreement entered into between a car rental agency, which is lic- sed as required by applicable law and is authorized to conduct business in the State of Florida, a ,d the operator of the vehicle. The vehicle owner is required, within 20 days from the date listed on t - Notice, to furnish to the City, an affidavit setting forth the circumstances demonstrating, either: (a) t -t the motor vehicle was not in the vehicle owner's care, custody, or control, and was not in the care, cu ody or control of another person with the vehicle owner's consent, or (b) that the motor vehicle was s •iect to a short term (less than six months) rental agreement between the car rental agency receivin, the notice and the vehicle operator and provide a true and correct copy of the short term car rental aqr=-ment, as applicable. The affidavit must be executed in the presence of a Notary, and include: a. If known to the vehicle owner, the name, address, and the driver's lie - se number of the person who had care, custody, or control of the motor vehicle, without the vehicle • ner's consent, at the time of the alleged red zone infraction; or b. The name, address and driver's license number of the person who rented th- otor vehicle from the car rental agency which has received the Notice, at the time of the alleged red -one infraction; or If the vehicle was stolen, the police report indicating the vehicle was stolen at the time . f the alleged red zone infraction; and The following language immediately above the signature line: "Under penalties of perjury, I eciare ,g4 D City of Miami Page 5 of 8 Printed On: l U,'I h. 2O File Number. 07-01279 that I have read the foregoing affidavit and that the facts stated in it are true." U• •n timely receipt of a sufficient affidavit pursuant to this Section, any prosecution of the Notice issu • to the vehicle owner shall be terminated. Proceedings may be commenced by the City against the re- •onsible person identified in the affidavit, and in such event, the responsible person shall be subiect • the same process and procedures which are applicable to vehicle owners. Sec. 35-35 Administrative Charges. In addition t• the penalty pursuant to Sec. 35-362 herein, administrative charges may be assessed pursuant to Articl- of Chapter 2 of the City Code in the event of a hearing and/or the necessity to institute collection p •cedures arises. Sec. 35-360. Collection •f Fines. Collection of fines shall Sec. 35-361. Exceptions. e accomplished pursuant to Article X of Chapter 2 of the City Code. This Article shall not apply to re emergency vehicle responding to a b where the operator of the vehicle was i failure to stop at a red Tight indication for Sec. 35-362. Penalty. zone infractions involving vehicle collisions or to any authorized a fide emergency; nor shall a Notice be issued in any case ued a citation for violating the state statute regarding the e same event or incident. A violation of this Article shall be deemed a n• -criminal, non-moving violation for which a civil penalty, as proscribed in Article X of Chapter 2 of t City Code, shall be assessed. As the violation relates to this Article and not to the Florida Statutes, • points as otherwise provided in Fla. Statute §322.27, shall be recorded on the driving record of the ehicle owner or responsible party. Sec. 35-363. Enforcement. This Article may be enforced by any other means available • the City. Sec. 35-364. Signage. The City shall, to the extent practicable, at the primary motor vehic entry points to the City, cause to be erected and maintained signs, which substantially meet the design •ecifications indicated in Exhibit "A," providing notice of this Article, failure to erect, maintain or crea these signs shall not invalidate or impair any enforcement of this Article. Section 3. Chapter 2, Article X, Section 2-829, of the code of the city of Miami, •rida, as amended, entitled "Administration/Code Enforcement/Schedule of Civil Penalties," is a , ended in the following particulars:{1 } TED City of Miami Page 6 of 8 Printer/ On: 10/16/2007 File Number: 07-01279 * "CHAPTER 2 ADMINISTRATION * * ARTICLE X. CODE ENFORCEMENT Sec. 2-829. Schedule civil penalties. Code Section De ription of Violation * * 35-25 et seq. Violation * Civil Penalty * f the Dangerous Intersection Safety $125.00 first offense $250.00 second offense $500.00 each additional offense Section 4. All ordinances or parts of ordinances provisions of this Ordinance are repealed. at are inconsistent or in conflict with the Section 5. If any section, part of section, paragraph, cla declared invalid, the remaining provisions of this Ordinance se, phrase or word of this Ordinance is s - II not be affected. Section 6. This Ordinance shall be come effective thirty (30) thereof.{2} APPROVED AS TO FORM AND CORRECTNESS: JORGE L CITY ATIO NDEZ CO ,r, s after final reading and adoption UTE C io. o /Prinnu Page 7 of 8 P,inled On: 1O/16/ 007 File Number. 07-01279 E otnotes : {1} be add omitted a {2} This Or days from th effective imme stated herein, wh' City of it1ia,ni rds/and or figures stricken through shall be deleted. Underscored words and/or figures shall . The remaining provisions are now in effect and remain unchanged. Asterisks indicate unchanged material. 'nonce shall become effective as specified herein unless vetoed by the Mayor within,ten ate it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become ately upon override of the veto by the City Commission or upon the effective date hever is later. Page8of8 TED Printed On: 10/16/2007