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Ordinance 2008-22 -"'--;'~7~ /'':\~ i I /'l,~ ~ 7, , '" <,.J / / '.j\ .... .ro" '>\ i~ ~ ~, ~ I ~', i\};\'\\~ , ',,' ORDINANCE NO. 2008 - 22 >>, AN ORl)I.NANCE OF COLLIER COUNTY, FLORIDA, CREATING A NEW ARTICLE '~2:'~H.l."tzeHAPTER 78 OF THE CODE OF LAWS AND ORDINANCES OF COLLIER . COUNTY TITLED THE "COLLIER COUNTY INTERSECTION SAFETY ORDINANCE;" PROVIDING DEFINITIONS; REQUIRING ADHERENCE TO TRAFFIC CONTROLS; PROVIDING FOR EXCEPTIONS AND PENALTIES; REQUIRING NOTICE OF CODE VIOLATIONS; PROVIDING OBLIGATIONS OF VEHICLE OWNER; PROVIDING FOR APPEALS; PROVIDING A SIXTY DAY GRACE PERIOD; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING THE EFFECTIVE DATE. WHEREAS, Collier County is a high density traffic area and regularly experiences traffic incidents related to the failure of drivers of vehicles to obey traffic control devices, including traffic lights, which failures expose individuals to the dangers of personal injury or death and damage to property; and WHEREAS, use of unmanned cameras can be an effective means to encourage vehicle owners to obey traffic control devices and entrust their vehicles only to responsible drivers, and to discover and impose civil fines upon owners of vehicles if the driver of the owner's vehicle fails to strictly adhere to traffic control devices, thereby freeing law enforcement personnel and other resources to be more efficiently utilized in responding to other offenses; and WHEREAS, Florida counties and municipal corporations have demonstrated increased vehicular and pedestrian traffic safety attributable to use of unmarmed cameras at road intersections; and WHEREAS, Florida Attorney General Opinion 97-06 opines that Florida counties and municipalities cannot issue a Uniform Traffic Citation to cite violations of Section 316.075, Florida Statutes, unless the violation is personally viewed by an enforcement officer; and WHEREAS, Florida Attorney General Opinion 2005-41 confirms the County's authority to enact this Ordinance to make failure of a vehicle driver to obey a traffic light or traffic control sign is enforceable as a violation of this Ordinance by use of unmanned camera to record the violation, including the license tag of the vehicle; and WHEREAS, pursuant to section 316.008(1)(w), Florida Statutes, Collier County may lawfully enforce this Ordinance by authorized Deputy Sheriffs reviewing images recorded by a traffic violation photographic system; and WHEREAS, any Traffic Control Infraction Review Officer can lawfully issue Notices of Violation of this Ordinance (Article) to a registered owner of the offending vehicle, but cannot lawfully issue a Uniform Traffic Citation to cite such Ordinance violation, and shall not refer any such Ordinance violation for enforcement by a court of law; and WHEREAS, no violation of this Ordinance shall result in any points as provided in Section 322.27, Florida Statutes, or otherwise, nor be any basis for suspension or revocation of any driving privilege; 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 consistent with Florida's Constitution and Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that a new Article III in CWlJPteI;::~ 78 of the Code of Laws and Ordinances of Collier County is hereby created to read as foi~ws: ~.; ~. ,_.',," ::::~~ - --\:;1 :~u '" G.,) i1 (I) V}:~, """.- '-"- J', -." S-::>. :~ (tj (,C'" V) r'-,) W '~J ''-"'' Page I of7 SECTION ONE. TITLE AND APPLICATION OF THIS ARTICLE. This Article is titled and may be cited as the "Collier County Intersection Safety Ordinance." This Article applies only to violations at intersections monitored by the County's traffic violation photographic systern. SECTION TWO. DEFINITIONS. The following words, terms, and phrases, when used in this Article, shall have the meanings herein ascribed to them, unless the context clearly indicates a different meaning: Intersection means 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. As to unlawful turns from an intersection, the turn can include, but is not necessarily limited to, entering into an alley, private road, service road or driveway. Owner means the individual or entity holding legal title of the vehicle, or, in the event a vehicle is the subject of an agreement for conditional sale or lease thereof with the right of purchase upon performance of conditions stated in such agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, such conditional vendee, lessee or mortgagor shall be deemed to be the owner of such vehicle for purposes of this Article. Recorded Image means an image recorded by the traffic violation photographic system by photographs, electronic images, digital images, digital or video movie, or by any other medium that records a moving violation of this Article. Traffic control signal (traffic light) means a traffic control device that exhibits a light that is steady (including turn arrow) or is flashing. The lights are green, yellow and red. Traffic Control Infraction Review Officer means any law enforcement officer employed by the Collier County Sheriffs Office who meets the requirements of Section 943.13, Florida Statutes, or its successor in function. Traffic violation photographic system means a device (camera) that makes a recorded image of the respective vehicle traveling into or through the intersection. Vehicle means every device in, upon, or by which any individual or property is or may be transported or drawn upon a road, street or highway, excepting only such device designed exclusively for operation upon stationary rails or stationary tracks. Definitions in Florida Statutes may be referred to if relevant, including with regard to appeals. Singular words include the plural where the context permits. "Notice of Code Violation" includes "violations" if more than one violation is cited. SECTION THREE. ADHERENCE TO TRAFFIC CONTROLS. Each of these violations is classified as a moving violation by Florida Statute. (a) Steady red traffic light. The driver (operator) of a vehicle shall not allow any portion of the front-most part of that vehicle to encroach over a vertical extension of the nearest part of Page 2 of7 the intersection, intersection line, crosswalk line or "stop here on red" line, as applicable at the intersection after the steady red traffic light has turned red and until the red traffic light has turned green. A steady red traffic light includes a steady red ball, a steady left turn arrow, or a steady red turn arrow that in conjunction with a "no turn on red" sign or substantially similar sign, prohibits turning a vehicle at that intersection at that time. This violation occurs whether the vehicle proceeds through the intersection or makes a turn at or in the intersection, including a U- turn. Each violation of this subsection is a violation of this Article. (Refer to Subsection 316.075(1 )(c), Florida Statutes, - Steady red indication). (b) Flashing red traffic light. A vehicle driver approaching a flashing red traffic light at an intersection shall obey that light as if a stop sign. A vehicle driver who does not bring such vehicle to a complete stop before allowing any part of the vehicle to enter into the intersection, intersection line, crosswalk line or "stop here on red" line, as applicable, is a violation of this Article. The driver's right to proceed shall be subject to rules that apply to a stop sign. (Refer to Sec. 316.076, Florida Statutes, - Flashing signals). (c) Inoperable or malfunction traffic light. Failure of a vehicle driver to treat an inoperable traffic light or malfunctioning traffic light as a stop sign is a violation of this Article. (Refer to Sec. 316.1235, Florida Statutes, - Vehicle approaching intersection in which traffic lights are inoperative). SECTION FOUR. EXCEPTIONS. The owner of the vehicle shall be responsible for paying the civil fine for the noticed violation of this Article listed in Section Three, above, except: (a) If the vehicle was being operated without expressed or implied permission from the vehicle's owner. This exception applies only if the vehicle's owner signs and submits a "sworn and subscribed to" affidavit to the Collier County Code Enforcement Department either within twenty-one (21) days after receipt of a Notice of Code Violation or at the Special Magistrate's hearing. The affidavit must specifically assert, if true, that the driver was driving the vehicle without expressed or implied permission from the vehicle's owner, and must include the vehicle driver's full name, complete and current street address, the vehicle operator's Driver's License number, and specify in meaningful detail how the driver came into possession of that vehicle without express or implied permission from the vehicle's owner; or in the alternative, if applicable, must have attached to the affidavit a true copy of a valid stolen vehicle report filed with a law enforcement agency. The following sentence must be in the affidavit immediately above the affiant's signature line: "Under penalties of peIjury, I declare that I have read the foregoing affidavit and all facts stated herein are true. "; (b) If the driver of such vehicle is issued a Florida Uniform Traffic Citation for the corresponding violation of Florida Statutes that occurred at that intersection at that same date and time; (c) If the vehicle was an authorized emergency vehicle or other vehicle owned or controlled by a federal, state, or local government and such vehicle's driver was authorized by applicable law, rule or regulation to disregard that traffic light at that time and place; (d) If the asserted defense would have excused the noticed violation as if such violation had been cited by a Uniform Traffic Citation pursuant to Florida Statute; Page 3 of7 (e) If the vehicle driver was required to violate the applicable traffic control device (or the official) in order to comply with another applicable law that supersedes the respective traffic control regulation; (f) If the vehicle driver was reasonably required to violate the applicable traffic control device to protect valuable tangible property and/or to prevent physical injury (or death) to any individual; (g) If the person or entity noticed for the violation was not the owner of the vehicle as "owner" is defined in this Article; (h) If the appeal is based upon any other valid reason the vehicle owner in good faith believes justifies the Special Magistrate voiding the noticed violation; or (i) Ifthe Special Magistrate finds there exists any other valid reason why the noticed violation should be voided by Order of the Special Magistrate. SECTION FIVE. PENALTIES. (a) Civil Fine; Costs. Each Section Three violation, above, issued pursuant to this Article shall be a civil, noncriminal ordinance violation for which a one hundred twenty-five dollar ($125.00) civil fine shall be assessed against the vehicle's owner for each violation. The civil fine must be paid in full (be received by the County's Code Enforcement Department) not later than twenty-one (21) days after the vehicle owner's receipt of the Notice of Code Violation, unless the owner files an appeal that is actually received by the County's Code Enforcement Department not later then twenty-one (21) days after the vehicle owner's receipt of such Notice. The $125.00 civil fine may be amended by resolution of the Board of County Commissioners. (b) Costs. If the appeal does not result in the noticed violation being voided by Order of the Special Magistrate, then not later than twenty-one (21) days after receipt of written notice from the Special Magistrate, the vehicle's owner must pay the civil fine, plus all prosecutorial costs incurred by the County and/or the Special Magistrate. By Order of the Special Magistrate, the Special Magistrate shall notifY the vehicle's owner of the civil fine, and prosecutorial costs as applicable, all of which shall be paid in full to the County's Code Enforcernent Department not later than the twenty-one (21) day time limit. (c) Suspension of County Privileges. A noticed vehicle owner who fails to pay in full the applicable civil fine, and, if applicable, any costs within the applicable twenty-one (21) day time period, shall thereby lose that vehicle owner's privilege to obtain (or renew) every Collier County Tax Collector local business tax receipt issued to such owner (individual or entity) and shall also thereby lose that owner's privilege to obtain other licenses and/or permits issued by Collier County. The owner can summarily reinstate all such lost privileges by paying in full all such fines and costs. If the applicable fines and costs are not paid in full within the applicable twenty-one (21) day time period, the Special Magistrate may place a lien on such of the vehicle owner's property as then authorized by Chapter 162, Florida Statutes, and/or by then applicable Collier County Code Enforcement Ordinance(s). The lien amount, including any accrued interest, and all costs actually incurred by the County and/or the Special Magistrate regarding the lien shall be paid in full before the lien is released or is otherwise voided. The County may also elect to enforce all such fines and costs by civil action in the nature of debt. Page 4 of7 (d) No Driver's Points and No Effect on any Driving Privilege. As, violations of this Article are ordinance violations and not conviction(s) of any motor vehicle law, no violation of this Article shall result in any points, as provided in Section 322.27, Florida Statutes or otherwise, nor be any basis for suspension or revocation of any driving privilege. SECTION SIX. NOTICE OF CODE VIOLATIONS. (a) Issuance of Notice of Code Violation. The Collier County Sheriff's Office (CCSO) may lawfully issue or cause to be issued the notice of violation. Each decision to issue or not issue a Notice of Violation to the vehicle's owner pursuant to this Article shall be made by a Traffic Control Infraction Review Officer, or designee, after his or her review of recorded image(s) as recorded by the traffic violation photographic system. The Traffic Control Infraction Review Officer, or designee, shall also verify that the traffic control monitoring system/devices which captured the recorded images was functioning properly at the time the recorded images were captured. The recorded image shall be sufficient grounds to issue a notice of violation. (b) Contents of Notice of Code Violation. The Notice issued for the violation listed in Section Three, above, shall be by a standard form Notice approved by the Collier County Sheriffs Office and by the County Attorney's Office, which Notice should include the following information: (I) The name and mailing address of the owner of the vehicle as of the date the noticed ordinance violation was committed; (2) The make, model, year and registration number of such vehicle; (3) The subsection of this Article that was violated; (4) The date, time and intersection of the violation; (5) A copy of the recorded image(s) of the violation as recorded by the traffic violation photographic system, including a recorded image that identifies the letters and numbers on the vehicle's license plate and the state, country or territory shown on that license plate; (6) The monetary amount of the civil fine and the deadline date such fme must actually be received by the County's Code Enforcement Department. (7) The mailing address of the Code Enforcement Department to which the fines must be delivered by or on behalf of the vehicle's owner, and the name of the payee to facilitate payment by money order, check or other negotiable instrument. (8) A statement that the signing Traffic Control Infraction Review Officer reviewed and thereby observed the recorded image(s) evidencing the violation, and that those images constituted reasonable grounds for that Traffic Control Infraction Review Officer to conclude that the noticed violation was committed at the cited date, time and intersection; (9) A statement of the twenty-one (21) day time limit within which the vehicle owner may file an appeal and a brief description of the appeal process; and Page 5 of7 (10) A statement that if the vehicle's owner fails to pay the civil fine in full or fails to timely appeal the violation(s), the owner shall thereby be deemed to (i) have waived all rights to dispute that violation, (ii) to thereby admit the violation; and (iii) failure to pay all applicable fines, and costs as applicable, can result in loss of privileges and imposition of liens pursuant to this Article. (c) Delivery of Notice of Code Violation. The Notice of Code Violation shall be delivered to the vehicle owner by certified mail, proper postage prepaid, and properly addressed to the mailing address of the individual who (or entity that) is then listed as the titled owner by the applicable agency of whatever State of the United States, country or territory where the respective vehicle was registered as of the date of the noticed violation. If there is more than one (1) such listed owner, the Notice can be delivered to only one (I) such listed owner. The County shall have the right, but not any obligation, to serve the Notice by personal service upon one owner at any proper place of personal service or may otherwise elect to serve one owner by any other means then authorized by law. SECTION SEVEN. OBLIGATIONS OF VEHICLE OWNER; APPEALS TO SPECIAL MAGISTRATE. (a) Upon receipt of a Notice of Code Violation, the noticed owner may contest the Notice by filing an appeal that is actually received by the County's Code Enforcement Department not later than twenty-one (21) days after the vehicle's owner received such Notice. A Code Enforcement Department employee shall note on the appeal the date and time of receipt of that appeal. (b) The appeal must include the owner's name, mailing address and phone number, and must state in clear, meaningful detail all grounds upon which the violation is being contested by the appeal. The grounds for appeal are listed in Section Four, above. (c) The Code Enforcement Department shall promptly refer the appeal to a Special Magistrate. The Special Magistrate shall endeavor to schedule the appeal hearing within sixty (60) days after the Special Magistrate's receipt of the appeal (provided the appeal was actually received by the County's Code Enforcement Department not later than twenty-one days (21) after the vehicle owner's receipt of the Notice of Code Violation). The Special Magistrate by Order may summarily dismiss the appeal with prejudice if the appeal does not comply with any requirement listed in subsection (a) or subsection (b), above. (d) The recorded images shall be admissible at the hearing for all purposes. The Traffic Control Infraction Review Officer may testifY at the hearing. (e) If upon appeal the noticed violation is not voided by Order of the Special Magistrate, the owner shall pay in full the civil fine, plus all costs actually incurred by the County and/or Special Magistrate resulting from that appeal. The civil fine and applicable incurred costs must be delivered in full to the County's Code Enforcement Department not later than twenty-one (21) days after the owner's receipt of the Special Magistrate's Order that states the noticed code violation was not voided by the Special Magistrate, and shall specify the applicable civil fine, and applicable incurred costs, if any. All of the Special Magistrate's Orders, Page 6 of7 letters and other papers, etc., can be mailed to the vehicle owner by ordinary U.S. mail, proper postage prepaid, addressed to the owner's mailing address as listed in the owner's appeal, which mailing shall be sufficient receipt by the vehicle's owner. SECTION EIGHT. SIXTY DAYS GRACE PERIOD. The respective reviewing Traffic Control Infraction Review Officer, or the CCSO designee, by ordinary U.S. Mail, is authorized to mail to the vehicle owner a "Courtesy Notice" of the violation of this Article that occurs prior to Noon of the day that is sixty (60) days after the effective date of this Article. SECTION NINE. CONFLICT AND SEVERABILITY. In the event this Article (Ordinance) conflicts with any other Ordinance of Collier County or other applicable law, this Article shall apply and supersede. If any phrase or portion of this Article is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION TEN. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish that result, and the word "Ordinance" may be changed to "Section," "Article" or any other appropriate word. SECTION ELEVEN. EFFECTIVE DATE. This Article shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ~ ' 2008. ATTEST: DWIGHT E.j3~~, Clerk ,. .."".:. ,"..... .. ~"., .4 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~'~o~~ -I _~~ D"""" C1~i<'" '" TOM ~ING, cruti_ Y At test ..at.: .tp, Cllolr"Nll . s i \lrlltllre on 1 · Approved as to form and legal sufficiency: By: t~ 7YI ~ Colleen M. Greene . Assistant County Attorney CP: 07-SHF-00052;3 This ordinance f-i:?d with th(~ Secretory of ~;{J Offic; tf,e dB- day of , 2J:r}<, and acknowledgement of that fdin re . d this ~ cloy . ;; 2.v-u"6 . ( af~ c\. ,f~~ Deputy Clerk Page 7 of7 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2008-22 Which was adopted by the Board of County Commissioners on the 22nd day of April 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 23rd day of April 2008. DWIGHT E. BROCK;.., .);,.,. Clerk of Courts. and' t/l~rk Ex-officio to Board of ;~ 'ourrey commc~~ ~. : Teresa PolasJ.;:i,. Deputy Clerk