HomeMy WebLinkAboutFR/SR LegislationCity of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-01199
Final Action Date:
AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER
35/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED
"MOTOR VEHICLES AND TRAFFIC/DANGEROUS INTERSECTION SAFETY", TO
PROVIDE FOR THE USE AND INSTALLATION OF TRAFFIC INFRACTION
DETECTORS CONSISTENT WITH GENERAL LAW AS PROVIDED BY CHAPTER
2010-80, LAWS OF FLORIDA ("THE MARK WANDALL TRAFFIC SAFETY ACT");
CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
WHEREAS, the Florida Legislature adopted House Bill 325 ("CS/CS/HB 325") during the 2010
legislative session authorizing the use of traffic infraction detectors by municipalities to enforce certain
provisions of Chapter 316 of the Florida Statutes; and
WHEREAS, the Governor of the State of Florida signed CS/CS/HB 325 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") with an effective date of July 1, 2010; and
WHEREAS, the provisions of Article X of Chapter 35 of the Code of the City of Miami, Florida, as
amended ("City Code"), entitled "Dangerous Intersection Safety", which were previously authorized by
the City of Miami's ("City's") Home Rule authority pursuant to Article VII, Section 2 of the Florida
Constitution and by Section 316.08 (1)(w), Florida Statutes, are, as of July 1, 2010, preempted to the
State of Florida as provided .in Section 3 of the Act; and
WHEREAS, the running of red lights on the streets and roads located within the City continues to
be a safety hazard affecting every citizen and traveler in the City; and
WHEREPS, the implementation and utilization of traffic infractio': detectors in compliance with the
Mark Wanda i Traffic Safety Act will promote, protect and improve -i:ne health, safety and the welfare of
its citizens consistent with the authority of and limitations on the City pursuant to the Florida
Constitution and Florida Statutes; and
WHEREAS, the City Commission desires to amend the provisions of Article X of Chapter 35 of the
City Code so as to conform with and implement the Act;
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, Article X of the City Code, entitled "Motor Vehicles and
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Traffic/Dangerous Intersection Safety," is amended in the following particulars: (1)
"CHAPTER 35
MOTOR VEHICLES AND TRAFFIC
}
ARTICLE X. DANGEROUS INTERSECTION SAFETY
Sec. 35-348. Intent.
The purpose of this article is to authorize the use of unmanned cameras/monitoring system
traffic infraction detectors to promote compliance with red light signal directives as proscribed by this
article, and to adopt a civil enforcement system and incorporate the provisions of Chapter 2010-80
Laws of Florida (2010) ("the Mark Wandall Traffic Safety Act"), as may be amended from time to time,
for the enforcement of red light signal violations. This article will also supplement law enforcement
personnel in the enforcement of red !ightsignal violations d shall not prohibit law enforcement
officers from issuing a citation for a red light signal violation in accordance with other routine statutory
traffic enforcement techniques.
Sec. 35-349. Use of image capture technologies Traffic Infraction Detectors.
In accordance with the provisions of the Mark Wandall Traffic Safety Act, as may be amended
from time to time, Tthe City &l atl authorizes the installation and utilization of utilize image capture
technologies traffic infraction detectors to enforce sec. 316.074(1) or sec. 316.075(1)(c)1, Fla.
Statutes, as amended, when a driver fails to stop at a traffic signal on streets and highways within the
City.
respect for authorized traffic signal devices. The city may utilize image capture technologies as an
ac.,ociated with cuch violations. Notices of infractions issued pursuant to -article shall be addresed
citations or county courts. This t, "..county courts
specific violation. The implementation and use of the traffic infraction detectors shall be in accordance
with the provisions of the Mark Wandall Traffic Safety Act and sections 316.003, 316.0076, 316.008
316.0083, 316.0745, 316.07456, 316.0776, 316.640, 316.650, 318.14, 318.18, 321.50, and 322.27
Fla. Statutes as may be amended from time to time.
Sections 35-350.- 35-364. Reserved.
Sec. 35 350. Definitions.
The following definitions shall apply to this article:
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Intercection means the ar a embraced within the prolongation or connection of the lateral curb
including any bicycle or electric personal assisted mobility device.
vehicles, or other state vehicle registration office, as the registered owner of a vehicle. Such term shall
also m n a losecc of a motor vohicic pursuant to lease of six months or more
on:
Two or more photographs;
Two or more electronic images;
Two or more -digital images;
Digital or video movies; or
plate number of the vehicle.
signal.
article X.
upon those images.
Traffic control signal moans a device exhibiting different colored lights or colored lighted.
which indicate and apply to drivers of motor vchic' :s as providod in F.S. § 316.075.
more vehicle sensors, working in conjunction with a traffic control signal, still camera and video
against a stoady red light signal indication.
Sec. 35 351. Adherence; o red light traffic control signals.
intorsection and shall remain stand
ti
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earest the
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 othcr traffic control device) but shall
yield right of way to pedestrians and othcr traffic proceeding as directed by the traffic control signal at
the intersection.
Scc. 35 352. Violation.
A violation of :his Ordinance, known as a red zone infraction, shall occur when a motor vehicle
does not comply with the requirements of section 35 351. Violations shall be enforced pursuant to
Section 316.0083, Florida Statutes and this Chapter 35 of the City Code.
The police chief shall notify the city manager when the red light camera system is operating
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 35/1. Review of recorded images.
(a) The owner of the vehicle which is observed by recorded images committing a rcd zone
recorded image shall be sufficient grounds to issue a notice.
(-b) The city's chief of police shall designate a traffic control infraction review officer, who shall be a
any other relevant statute. The traffic control infraction review officer shall review recorded
images. Once the traffic control infraction review officer has verified the accuracy of the
resofclad-i-mages7-14e-ar-si4e-ahal-l-semplote-a-Fepo47-4R-cl-a eotice shall be sent to the vehicle
owner at the address on record with the state department of highway safety and motor vohicles
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 addrese of the vohicle owner;
,
e make, odel ^d of the hi vecle;
Tin
The location of the intersection where the infraction occurred;
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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:
(.1-)
{24 'aster to contest thc Notice.
costs.
Sec. 35 357. Hearing Before the Special Master.
The City's Code Enforcement Special Masters are authorized to hold hearings related to the
timely r gists ^ arlm istrati„e hearin^
provided to the vehicle owner pursuant to the notice provisions contained in Article X of Chapter 2.
Traffic Control Infraction Review Officer may testify at the hearing. The vehicle owner may present
testimony and evidence.
by thc Traffic Control Infraction
provisions of this Article, and shall constitute prima facie evidence of the violation.
registered as the vehicle owner with the Florida Departmcet of Meter Vehicles or any other state
vehicle -registration office, or ar individual having the owner's consent, was operating fie vehicle at the
time of n red zone infraction
Sec. 35 358. Vehicle Owner Affidavit of Non Responsibility.
one in Tract ^^ either: (a) in the care, custody, or control of another person without the consent of
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(--1-) If known to the vohicle owner, the name, addres.,, and thc driver's license number of the
consent, at the time of the alleged red zone infraction; or
(2) The name, addrocc and d-vor'c Iiooncc ^ mbor of +he person who rented thc motor vehicle
infraction; or -
alleged red zoee infraction; and
The following language immediately above the signature line: "Under penalties of perjury,
Notice issued to the vehicle owner shall be terminated. Proceedings may be commenced by the City
Sec. 35 359. Administrative Charges.
In addition to the penalty pursuant to Sec. 35 362, administrative charges may be asse'sed
procedures arises.
Sec. 35 360. Collection of Fines.
Collection of fines shall be asssrx fished-pars6ia t to Article X of Chapter 2. However, the
this Article.
Ser 35 361 cxcepti
Sec. 35 362. Penalty.
A kielatien of this title shalldeemod a non criminal, non moving violation for which a civil
Article and not to the Florida Statutos, no points as otherwise provided in Fla. Statute §322.27, shall be
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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 36'1. Signage.
Exhibit
invalidate or impair ti anenforcement of thi 'Article
*
APPROVED AS TO FORM AND CORRECTNESS
JULIE O. BRU 6t,'14/
CITY ATTORNEY
* *If
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance
is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and adoption
and signature of the Mayor.{2}
Footnotes:
{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.
City ofMiami
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