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HomeMy WebLinkAboutPre LegislationCity of Miami Certified Copy City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.corn File Number: 07-01279 Enactment Number: 12974 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 traveler in the City of Miami ("City"); and WHEREAS, the City wishes to reduce the running of red lights by creating an additional enforcement mechanism; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable 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 Sec.35-348_ Intent. City of Miami Page 1 of 8 12974 File Number: 07-01279 Enactment Number: 12974 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 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. 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. OWNER/VEHICLE OWNER. The person or entity identified by the Florida Department of Motor Vehicles, or other state vehicle registration office, as the registered owner of a vehicle. Such term shall also mean a lessee of a motor vehicle pursuant to a lease of six months or more. RECORDED IMAGES. Images recorded by a traffic control signal monitoring system/device: On: r-mere-photographs; Two or more electronic images; Two or more digital images; Digital or video movies; or Any other medium that can display a violation; and City of Miami Page 2 of 8 12974 File Number: 07-01279 Enactment Number: 12974 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 onjthe colors green, yellow, and red which indicate and apply to drivers of motor vehicles as provided in Fla. Statute §316.075. TRAFFIC CONTROL SIGNAL MONITORING SYSTEM/DEVICE. An electronic system consisting of one or more vehicle sensors, working in conjunction with a traffic control signal, still camera and video recording device, to capture and produce recorded images of motor vehicles entering an intersection against a steady red light signal indication. Sec. 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 or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection in obedience of a steady red traffic control signal, may make a right turn (unless such turn is otherwise prohibited by posted sign or other traffic control device) but shall yield right-of-way to pedestrians and other traffic proceeding as directed by the traffic control signal at the intersection. Sec. 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 operating carre-ctfy-atth-e initial location esta trs e or e nine y ays o owing said no l ica ion, un ess e 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. Cily of ,Miami Page3of8 12974 File Number: 07-01279 Enactment Number: 12974 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 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 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. Sec. 35-357. Hearing Before the Special Master. foie (.,i"-ty sZ,o e n orcemen peca as ers are au onze o o eanngs re ated to the enforcement of this Article. A hearing 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 City of Miami Page 4 of 8 12974 Fite Number: 07-01279 Enactment Number: 12974 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 may 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 Citv's Special Master to enforce the provisions of this Article, and shall constitute prima facie evidence of the violation. Unless an affidavit is provided pursuant 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 subject 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 agreement, 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 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 alleged red zone infraction; and 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 ,y issued to the vchiele-ewner� ngsi ay mm-- eneedby-the C ty insi 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. City r f Miami Page 5 of 8 12974 File Number: 07-01279 Enactment Number: 12974 In addition to the penalty pursuant to Seca 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 2-218(e) 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 Tight 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. Sidi -lade. 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 city of Miami, Florida, as amended, entitled "Administration/Code Enforcement/Schedule of Civil Penalties," is amended in the following particulars:{1} "CHAPTER 2 ADMINISTRATION * ARTICLE X. CODE ENFORCEMENT City of Miami Page 6 of 8 12974 File Number: 07-01279 Enactment Number: 12974 Sec. 2-829. Schedule of civil penalties. Code Section 35-25 et seq. Description of Violation Civil Penalty 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} Date: OCTOBER 25, 2007 Mover: COMMISSIONER SARNOFF Seconder: COMMISSIONER SPENCE-JONES Vote: AYES: 5 - COMMISSIONER GONZALEZ, SARNOFF, SANCHEZ, REGALADO AND SPENCE-JONES Action: PASSED ON FIRST READING Date: FEBRUARY 28, 2008 Mover: COMMISSIONER GONZALEZ Seconder: COMMISSIONER SARNOFF Vote: AYES: 5 - COMMISSIONER GONZALEZ, SARNOFF, SANCHEZ, REGALADO AND SPENCE-JONES Action: ADOPTED WITH MODIFICATIONS Date: Action: MARCH 8, 2008 SIGNED BY THE MAYOR City of Mianii Page 7 of 8 12974 File Number: 07-01279 Enactment Number: 12974 I, Priscilla A. Thompson, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do hereby certify that this constitutes a true and correct copy of Ordinance No. 12974, with attachments, passed by the City Commission on 2/28/2008. May 28, 2008 Date Certified {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 8 of 8 12974