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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #5001 Ordinance Sponsored by: Francis Suarez, Mayor, Joe Carollo, Commissioner, Manolo Reyes, Commissioner AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING CHAPTER 35/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "MOTOR VEHICLES AND TRAFFIC/DANGEROUS INTERSECTION SAFETY," DEAUTHORIZING THE INSTALLATION AND UTILIZATION OF TRAFFIC INFRACTION DETECTORS, COMMONLY REFERRED TO AS THE CITY OF MIAMI RED LIGHT CAMERA PROGRAM, AND RELATED LOCAL HEARINGS AND LOCAL HEARING OFFICERS. City of Miami File ID: 5001 (Revision:) Printed On: 4/7/2025 City of Miami Legislation Ordinance Enactment Number: 13811 File Number: 5001 Final Action Date: 12/13/2018 AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING CHAPTER 35/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "MOTOR VEHICLES AND TRAFFIC/DANGEROUS INTERSECTION SAFETY," DEAUTHORIZING THE INSTALLATION AND UTILIZATION OF TRAFFIC INFRACTION DETECTORS, COMMONLY REFERRED TO AS THE CITY OF MIAMI RED LIGHT CAMERA PROGRAM, AND RELATED LOCAL HEARINGS AND LOCAL HEARING OFFICERS. WHEREAS, in accordance with the provisions of Section 316.0083, Florida Statutes, the Mark Wandall Traffic Safety Act ("Act") authorizes municipalities to utilize traffic infraction detectors to promote compliance with red light signal directives and to adopt and incorporate the provisions of the Act; and WHEREAS, pursuant to Resolution No. 10-01199 adopted on December 16, 2010, the City Commission amended Chapter 35/Article XI of the Code of the City of Miami, Florida, as amended, titled "Motor Vehicles and Traffic/Dangerous Intersection Safety", to provide for the use and installation of traffic infraction detectors to implement the City of Miami's ("City") Red Light Camera Program ("Program") and local hearing process in accordance with the Act; and WHEREAS, pursuant to Resolution No. 17-0621 adopted on December 14, 2017, the City Commission directed the City Manager to terminate the City's agreement with the Program vendor, American Traffic Solutions, Inc., to furnish, install, operate, and maintain the City's traffic infraction detector program; and WHEREAS, the City no longer issues traffic infraction detector violations under the Program or maintains the related local hearings and procedures; and WHEREAS, it is in the interests of the public health, safety, recreation, and general welfare of the residents of the City to repeal Chapter 35/Article XI and deauthorize the use of traffic infraction detectors, the related local hearings, and authority of local hearing officers; 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, is amended in the following particulars:1 "CHAPTER 35 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. City of Miami File ID: 5001 (Revision:) Printed On: 4/7/2025 MOTOR VEHICLES AND TRAFFIC ARTICLE XI. DANGEROUS INTERSECTION SAFETY RESERVED Sec. 35 3/18. 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 ChTapter 2011 0-80 Lave f Florida (201 (t }e4Aark Wandall Traffic Safety n�a ay be amcndcd from timc to timc, for the enforcement of red light signal violations. This article shall accordancc with othcr routine statutory traffic enforcement techniques. Sec. 35 3/19. Use of traffic infraction detectors. h the provisions of the Mark Wandall Traffic Safety 4c4 as magi be amcndcd from timc to timc, the city authorizes the installation and utilization of traffic infraction detectors to enforce C C § 31 F n7i1 (1) or 31 F n75(1)(c)1 ac amender -I when a driver fails to stop at a traffic signal on strccts 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, 316.07/15, 316.07/156, 50, 31-8.1-1, 348.1-8, 321.50, anal 322 27 and Chapter 2n13_160 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, 316.07/15, 316.07/156, 316.0776, 316.6/10, 316.650, 318.1/1, 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 F.S. ch. 316, the State of 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 30 days from the date of the first notice of violation. Secs. 35 3-54-348 - 35-364. - Reserved. *„ 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 thirty (30) days after final reading and adoption thereof.2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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 File ID: 5001 (Revision:) Printed On: 4/7/2025 APPROVED AS TO FORM AND CORRECTNESS: City of Miami File ID: 5001 (Revision:) Printed On: 4/7/2025