HomeMy WebLinkAboutO-13236City of Miami
Legislation
Ordinance: 13236
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-01199 Final Action Date:12/16/2010
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
WHEREAS, the implementation and utilization of traffic infraction detectors in compliance with the
Mark Wandall Traffic Safety Act will promote, protect and improve the 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
City of Miami
Page 1 of 7 File Id: 10-01199 (Version: 1) Printed On: 8/16/2017
File Number: 10-01199 Enactment Number: 13236
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 a-.,-prescribcd 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
persoTnrn-el i e enforcement ed ht signal violations and 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 sla-a11 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. as a supplemental moans of monitoring compliance with laws rclated to traffic control signals,
while assisting law enforcement personnel in the enforcement of such laws, which are designed to
curtail or impinge upon state or county laws related to red light signal violations or conflict with such
maintain traffic signal devices. This article shall serve to enable the city to provide enhanced
accidents and injuries a.sociated with such violations. Notices of infractions i.sued pursuant to the
not through uniform traffic cita#1ar}., county coy s shall not bar the use of uniform traffic
enforcement mechanism for a 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.
City of Miami Page 2 of 7 File Id: 10-01199 (Version: 1) Printed On: 8/16/2017
File Number: 10-01199 Enactment Number: 13236
The following definitions shall apply to this article:
line; or, if none, then the lateral boundary lines, of the roadways of two roads which join or intersect
different roads joining at any other angle magi come in conflict
Motor vehicle means any self propelled vehicle not operated upon rails or guide way, but not
including any bicycle or electric personal a.sisted mobility device.
Owner or vehicle owner means the person or entity identified by the state department of motor
shall also mean a lessee of a motor vehicle p, ,rs, cant to a lease of six months or more
Recorded images mean images recorded by a traffic control signal monitoring system/device
on:
Two or more photographs;
Two or more electronic images;
Two or more digital images;
Digital or video movies; or
Any other medi„m that can display a violation• and
,
plate number of the vehicle.
Red zone infraction means 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.
,
article X.
Traffic control infraction review officer means the city police department employee designated,
pursuant to subsection 35 354(2), to review recorded images and i.sue red zone infractions based
upon those images.
arrows, successively one at a time. o rcombination using only the color�Teen llo�ncnv , arnrd red
which indicate and apply to drivers of motor vehicles as provided in F.S. § 316.075.
Traffic control signal monitoring system/device means an electronic system consisting of one
recording device, to capture and produce recorded images of motor vehicles entering an intersection
against a steady red light signal indication
Sec. 35 351. Adherence to red light traffic control signals.
City of Miami Page 3 of 7 File Id: 10-01199 (Version: 1) Printed On: 8/16/2017
File Number: 10-01199 Enactment Number: 13236
intersection and shall remain standing until a green indication -is shown on the traffic control signal;
entering the crosswalk on the near side of the intersection or, if none, then at thc point n ct-h-c
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
the intersection.
Sec. 35 352. Violation.
A violati n ooh s Ordinance, known as a red zone infraction, shall occur when a motor vehicle
does not comply with the requirements of section 35 351. Violationsshall be enforced pursuant to
Section 316.0083, Florida Statutes and -this Chapter 35 of the City Code.
Sec. 35 353. Ninety day notice; introductory period.
The police chief shall notify the city manager when the red light camera system is operating
correctly at the initial location established. For the ninety days following said notification, unless the
accordance with routinc traffic cnforcement 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 rcfcrcnccd notification, thc 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.
,
recorded image shall be sufficient grounds to i.sue a notice.
{#} The city's chief of police shall designate a traffic control infraction review officer, who shall be
a policc officcr of thc city or who shall meet the qualifications set forth in F.S. § 316.640(5)(A),
images prior to the issuance of a notice to ensure the accuracy and integrity of the recorded
images. Once the traffic contr ra Teview o ficer has verifiied tthe-accuraofthe
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 addre.s of the vehicle owner;
The license plate number and registration number of the vehicle;
City of Miami Page 4 of 7 File Id: 10-01199 (Version: 1) Printed On: 8/16/2017
File Number: 10-01199 Enactment Number: 13236
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
recorder! images are evidence of a red zone infraction•
0
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) Pay thhe-assessed civil pen rsu+ant t ructions on the Notice�r
{2) Appear before the Special Master to contest the Notice.
The failure to pay the a.se.sed civil penalty and failure to appear before the Special Master to
costs.
Sec. 35 357. Hearing Before the Special Master.
timely requests an a -istrative hearing.
Upon receipt of the named violator's timely request for an a -istrative hearing, the City shall
provided to the vehicle owner pursuant to the notice provisions contained in Article X of Chapter 2.
The hearing shall be held pursuant to the procedures set forth in Article X of Chapter 2. The
Traffic Control Infraction Review Officer may testify at the hearing. The vehicle owner may present
testimony and evidence.
provisions of this 4rticteaann hTaalll ccoonstitute prima face evidence of the violation
Un ss an affidavit is provided pursuancarn to Sec-35 358 ice? presumed that the person �T�TC! �A , �T'G�QTfT ��J
vehicle registrat co „r an individual having the own Gonsent, 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 estal l+sh 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
City of Miami Page 5 of 7 File Id: 10-01199 (Version: 1) Printed On: 8/16/2017
File Number: 10-01199 Enactment Number: 13236
the registered owner; or (b) was subject to a short term (le.s than six months) car rental agreement
authorizer! to conduct business in the State of Florida, and the operator of the vehicle. The vehicle
getting forth thc circumstances demonstrating, cithcr: (a) that thc motor vchicic was not in thc vchicic
the vehicle owner's consent, or (b) that the motor vehicle was subject to a short term (le.s than six
The affidavit must be executer! 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 alleed red zone infraction• or
, g,
{2) The name address and driv s license number of the person who rented the motor
, arcs terra—anv arc �c�rarrry �rc�liiJ�IT�V'Tf�T T �COr
red zone infraction; or
If the vehicle was stolen, the police report indicating thc vchicic was stolen at thc time of the
alleged red zone infraction• and
,
n
declare that I have read the foregoing affidavit and that the facts stated in it are true."
Notice i.sued to the vehicle owner shall be terminated. Proceedings may be commenced by the City
against the responsible person identificd in thc affidavit and in such event th�spponsible person
shall be subject to the same process and procedures which are applicable to vehicle owners.
Sec. 35 359. Administrative Charges.
pursuant to Article X of Chapter 2 in the event of a hearing and/or the nece.sity to institute collection
procedures arises.
Sec. 35 360. Collection of Fines.
Collection of fines shall bc ae.-sr pIishcd--pursuant cle X „f Chapte rev e
provisions of Section 2 218(e) and Section 162.09(3) Fla. Stat., as amended, shall not bc applicable
to this Article.
Sec. 35 361. Exceptions.
This Article shall not apply to red zone infractions involving vehicle collisions or to any authorized
cmcrgcncy vchicic responding to a bona fidc cmcrgcncy; nor shall a Noticc bc issued in any ca.,c
where the operator of the vehicle was i.sued a citation for violating the state statute regarding the
failure to stop at a red light indication for the same event or incident.
City of Miami Page 6 of 7 File Id: 10-01199 (Version: 1) Printed On: 8/16/2017
File Number: 10-01199 Enactment Number: 13236
Sec. 35 362. Penalty.
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 practicablc, at the primary -vehic entr t�-o t
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. 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 of Miami
Page 7 of 7 File Id: 10-01199 (Version: 1) Printed On: 8/16/2017