HomeMy WebLinkAboutO-13400City of Miami
Legislation
Ordinance: 13400
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-00747 Final Action Date: 7/25/2013
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
35/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), ENTITLED "MOTOR VEHICLES AND TRAFFIC/DANGEROUS
INTERSECTION SAFETY", MORE PARTICULARLY BY AMENDING SECTIONS
35-348 THROUGH 35-350 TO CODIFY THE USE OF HEARING
OFFICERS/SPECIAL MASTERS AND A HEARING PROCESS FOR DISPOSING OF
TRAFFIC INFRACTIONS IN THE CITY CODE PURSUANT TO CHAPTER 2013-160,
LAWS OF FLORIDA TO CONTINUE THE TRAFFIC INFRACTION DETECTOR
PROGRAM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
WHEREAS, the Florida Legislature passed CS/CS/HB 7125 ("HB 7125") during the 2013
Legislative Session, providing for local hearings related to notices of violations connected with the
use of traffic infraction detectors to enforce Chapter 316, the State of Florida Uniform Traffic Code be
performed by the municipalities; and
WHEREAS, the Governor of the State of Florida signed HB 7125 into law on June 12, 2013,
resulting in the Chapter 2013-160, Laws of Florida taking effect on July 1, 2013; and
WHEREAS, the City of Miami ("City") wishes to establish a hearing process to handle the
traffic detector program and utilize existing resources, staff, and hearing officers/special masters to
implement the provisions of Chapter 2013-160, Laws of Florida;
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 Code of the City of Miami, Florida, as amended,
entitled "Motor Vehicles and Traffic/Dangerous Intersection Safety", is amended in the following
particulars:{1 }
"CHAPTER 35
MOTOR VEHICLES AND TRAFFIC
City of Miami
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File Id: 13-00747 (Version: 31 Printed On: 9/5/2017
File Number: 13-00747 Enactment Number: 13400
ARTICLE X. DANGEROUS INTERSECTION SAFETY
Sec. 35-348. Intent.
The purpose of this article is to authorize the use of traffic infraction detectors to promote compliance
with red light signal directives and to adopt 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 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 traffic infraction detectors.
In accordance with the provisions of the Mark Wandall Traffic Safety Act, as may be amended from
time to time, the city authorizes the installation and utilization of traffic infraction detectors to enforce
F.S. § 316.074(1) or 316.075(1)(c)1, as amended, when a driver fails to stop at a traffic signal on
streets and highways within the city. The implementation and use of the traffic infraction detectors
shall be in accordance with the provisions of the Mark Wandall Traffic Safety Act and F.S. §§
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 and Chapter 2013-160, Laws of Florida as may be amended from time to
time.
Sec. 35-350. Establishing and authorizing local hearings and local hearing officers
within the City of Miami.
In accordance with the provisions of the Mark Wandall Traffic Safety Act and F.S. §§ 316.003,
316.0076, 316.008, 316.0083, 316.0745, 316.07456, 316.0776, 316.640, 316.650, 318.14, 318.18,
321.50, 322.27, and Chapter 2013-160, Laws of Florida as may be amended from time to time,
hearings related to notices of violations issued within the City of Miami detected through the use of
traffic infraction detectors to enforce Chapter 316, the State of Florida Uniform Traffic Code, as
amended from time to time, are to be performed by local hearing officers or special masters
designated by the City Commission. The local hearing officer may require the petitioner to pay
municipal costs, not to exceed $85.00, if the notice of violation is upheld.
In addition to the notices required pursuant to the Mark Wandall Safety Act, the City will provide a
supplemental notice of violation to the violator within thirty (30) days from the date of the first notice of
violation.
Secs. 35-3510-35-364. Reserved
Section 3. 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 4. This Ordinance shall become effective immediately upon its adoption and signature of
the Mayor.{2}
City of Miami Page 2 of 3 File Id: 13-00747 (Version: 31 Printed On: 9/5/2017
File Number: 13-00747 Enactment Number: 13400
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 indicated
omitted and unchanged material.
{2}If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 3 of 3 File Id: 13-00747 (Version: 31 Printed On: 9/5/2017