Agenda 06/08/2010 Item #16K 5
Aaenda Item No. 16K5
~ June 8, 2010
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EXECUTIVE SUMMARY
Authorize the County Attorney to advertise an ordinance for future Board consideration
which would authorize and regulate the use of traffic infraction detectors consistent with
recent passage of HB 325, which established statewide legislation regulating red light
cameras, known as the "Mark Wandall Traffic Safety Act."
OBJECTIVE: To authorize and regulate the use of traffic infraction detectors consistent with
the Mark Wandall Traffic Safety Act, as amended from time to time, in order to reduce the
running of red lights and thereby promote, protect and improve the health, safety and welfare of
individuals and protect property within unincorporated Collier County.
CONSIDERATIONS: Ordinance No. 2008-22, as amended, established a red light camera
program for Collier County. As adopted, the Ordinance provided for a fine of $125.00 for the
first violation with no points on the offender's driving record. Subsequently, the Board reduced
the initial fine to $62.50 and created tiered civil fines for subsequent violations. The Board of
County Commissioners revisited the red light cameras on February 9 and February 23, 2010.
The Board chose to await the potential passage of pending legislative Bills prior to taking any
further action.
On April 27, 2010, the Florida Senate passed HB 325, known as the Mark Wandall Traffic
Safety Act, establishing statewide regulation of red light cameras, which was signed into law on
May 13, 2010 by Governor Crist. The new law, which is effective July 1, 2010, expressly
preempts any local regulation of traffic violations involving the use of cameras. The new
legislation also establishes a mandatory $158.00 fine for a red light camera violation with no
points assessed against the driver's record.
On May 25th, the Board directed the County Attorney to amend the Collier County Intersection
Safety Ordinance to confonn to HB 325, and directed staff to renegotiate the agreement with
American Traffic Solutions. The Board further directed that no citations be issued for violations
of "right turns on red" utilizing red light cameras. This Board direction is consistent with HB
325, and will be implemented in the amended agreement with the current vendor, American
Traffic Solutions (A TS).
LEGAL CONSIDERATIONS: The proposed ordinance is legally sufficient. -JAK
FISCAL IMPACT: The estimated cost to advertise this ordinance is approximately $400.
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDATION: To direct the County Attorney to advertise the proposed ordinance
and to bring it back for consideration by the Board. ' . . '
Prepared by: Jeffrey A. Klatzkow, County Attorney
Agenda Item No. 16K5
June 8, 2010
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K5
Meeting Date:
Authorize the County Attorney to advertise an ordinance for future Board consideration which
would authorize and regulate the use of traffic infraction detectors consistent with recent
passage of HB 325, which established statewide legislation regulating red light cameras,
known as the Mark Wandall Traffic Safety Act.
6/8/2010 9:00:00 AM
Prepared By
Jeff Klatzkow
County Attorney
Date
5/28/201011:21:27 AM
Approved By
Jeff Klatzkow County Attorney Date
5/28/2010 11 :42 AM
Approved By
OMB Coordinator Date
County Manager's Office Office of Management & Budget 5/28/20103:29 PM
Approved By
Randy Greenwald Management/Budget Analyst Date
Office of Management &
Budget Office of Management & Budget 5/28/20103:56 PM
Approved By
Leo E, Ochs, Jr. County Manager Date
County Managers Office County Managers Office 5/31/20101 :55 PM
Agenda Item No. 16K5
June 8. 2010
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ORDINANCE NO. 2010 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, TO BE KNOWN AS THE COLLIER
COUNTY INTERSECTION SAFETY ORDINANCE, WHICH
AUTHORIZES AND REGULATES THE USE OF TRAFFIC INFRACTION
DETECTORS CONSISTENT WITH THE 'MARK W ANDALL TRAFFIC
SAFETY ACT;" PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR THE REPEAL OF ORDINANCE NO.
2008-22, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature passed CS/CS/HB325 during the 2010 Legislative
Session, known as the Mark WandaU Traffic Safety Act, authorizing the use of red light cameras
as traffic infraction detectors to enforce Chapter 316 of the Florida Statutes; and
WHEREAS, the Governor of the State of Florida signed CS/CS/HB325 into law resulting
in the Law of Florida, 2010-80 taking effect on July 1,2010;
WHEREAS, the running of red lights continues to be a safety hazard affecting every citizen
and traveler in Collier County; and
WHEREAS, the County wishes to reduce the running of red lights by amending its Code of
Ordinances to implement the Mark Wandall Traffic Safety Act; and
WHEREAS, the Board finds that implementation of this enforcement program will
promote, protect and improve the health, safety and welfare of individuals and protect property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Title.
This Ordinance shall be known and may be cited as the "Collier County Intersection Safety
Ordinance. "
SECTION TWO: Purpose and Intent.
. . -
The purpose Of this Ordinance is to implement' the Mark Wandall Traffic Safety Act, as
amended from time to time, in order to promote, protect and improve the health, safety and welfare
of individuals and protect property within unincorporated Collier County.
-
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Agenda Item No. 16K5
June 8, 2010
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SECTION THREE: Applicability.
This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier
County, Florida.
SECTION FOUR: Use of Traffic Infraction Detectors.
Collier County hereby exercises its option under the Mark Wandall Traffic Safety Act and
Florida Statutes Sections 316.008 and 316.0083 (2010) to use traffic infraction detectors within its
jurisdiction to enforce the State of Florida Uniform Traffic Code. The County Manager is
authorized to implement the provisions and requirements of the Mark Wandall Traffic Safety Act,
as amended from time to time, within this jurisdiction in coordination with the Sheriff.
SECTION FIVE: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION SIX:
Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or
any other appropriate word.
SECTION SEVEN: Repeal of Previous Ordinance.
This Ordinance hereby repeals and supersedes'all portions of Ordinance 2008-22, and all
amendments thereto.
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Agenda Item No. 16K5
June 8, 2010
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SECTION SEVEN: Effective Date.
This Ordinance shall become effective July 1,2010.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _ day of
,2010.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, CHAIRMAN
, Deputy Clerk
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
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