CE-Intersection Safety Backup Documents 10/23/2009
Code Enforcement -
Intersection Safety
Backup Documents
October 23, 2009
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
INTERSECTION SAFETY PROGRAM
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AGENDA
DATE: October 23rd, 2009 at 9:00 A.M.
LOCATION: Collier County Government Center, 3301 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida 34112
NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE SPECIAL MAGISTRATE SHALL
BE RESPONSIBLE FOR PROVIDING THIS RECORD.
I. CALL TO ORDER - Special Magistrate Brenda Garretson presiding
A. Hearing rules and regulations
II. APPROVAL OF AGENDA
III. PUBLIC HEARINGS
A. Hearings
1. NOTICE NO: 1360900008456
OWNER: A TOUCH OF CLASS TRANSPORTATION & LIMO, INC.
OFFICER: HAROLD MINCH
2. NOTICE NO: 1360900012391
OWNER: AlC ELECTRIC SERVICE OF SW FL, INC.
OFFICER: DAN SALLS
3. NOTICE NO: 1360900041648
OWNER: AMY ANDERSON
OFFICER: HAROLD MINCH
4. NOTICE NO: 1360900044253
OWNER: DANIEL R ANDERSON
OFFICER: HAROLD MINCH
5. NOTICE NO: 1360900022143
OWNER: DOMINICK ANDREOLI
OFFICER: CHRIS GONZALEZ
6. NOTICE NO: 1360900039527
OWNER: BRENDA A VILES
OFFICER: JOSEPH AMOROSI
19. NOTICE NO:
OWNER:
OFFICER:
20. NOTICE NO:
OWNER:
OFFICER:
21. NOTICE NO:
OWNER:
OFFICER:
22. NOTICE NO:
OWNER:
OFFICER:
23. NOTICE NO:
OWNER:
OFFICER:
24. NOTICE NO:
OWNER:
OFFICER:
25. NOTICE NO:
OWNER:
OFFICER:
26. NOTICE NO:
OWNER:
OFFICER:
27. NOTICE NO:
OWNER:
OFFICER:
28. NOTICE NO:
OWNER:
OFFICER:
29. NOTICE NO:
OWNER:
OFFICER:
30. NOTICE NO:
OWNER:
OFFICER:
1360900008779
DENNA L FIORITO
DAN SALLS
1360900027753
GOLD MEDAL GROWERS INC
JOSEPH AMOROSI
1360900002442
MARK M GOLDSWORTHY
MICHAEL PEABODY
1360900015253
GEORGE HARVEY AND PATRICIA SUE HERMANSON
HAROLD MINCH
1360900035095
INTERSTATE BRANDS CORP
JOSEPH AMOROSI
1360900032563
INTERSTATE BRANDS CORP
JOSEPH AMOROSI
1360900050896
KEITH ROBERT JENNINGS
JOSEPH AMOROSI
1360900052835
JONATHAN JIMENEZ
JOSEPH AMOROSI
1360900007292
KIRK STEVEN AND MELISSA L JORDAN
CHRIS GONZALEZ
1360900043172
KEVIN JOHN KLIMEK
DAN SALLS
1360900047629
WAYNE F KORN OR MARIA DOLORES MOLTER
JOSEPH AMOROSI
1360900013985
BENJAMIN KRICK
HAROLD MINCH
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43. NOTICE NO: 1360900006278
OWNER: ARMALIN PHILLIP RICHARDSON
OFFICER: DAN SALLS
44. NOTICE NO: 1360900009942
OWNER: MARY LYNN ROELLER
OFFICER: HAROLD MINCH
45. NOTICE NO: 1360900039121
OWNER: ROBERT DOUGLAS SANDS
OFFICER: JOSEPH AMOROSI
46. NOTICE NO: 1360900015600
OWNER: CHRISTOPHER ALLEN SHARPE
OFFICER: CHRIS GONZALEZ
47. NOTICE NO: 1360900006567
OWNER: ROBIN DALE SHROCK
OFFICER: MICHAEL PEABODY
48. NOTICE NO: 1360900001196
OWNER: MARIE LOURDES STACO
OFFICER: MICHAEL PEABODY
49. NOTICE NO: 1360900027613
OWNER: CHRISTIAN MA TOBIN
OFFICER: HAROLD MINCH
50. NOTICE NO: 1360900038537
OWNER: TONY TOEPFER
OFFICER: HAROLD MINCH
51. NOTICE NO: 1360900009371
OWNER: ZULIMA ALFARO TURINO
OFFICER: HAROLD MINCH
52. NOTICE NO: 1360900010874
OWNER: ZULIMA ALFARO TURINO
OFFICER: DAN SALLS
53. NOTICE NO: 1360900004471
OWNER: LINDA WETZEL
OFFICER: HAROLD MINCH
54. NOTICE NO:
OWNER:
OFFICER:
1360900015915
STEVEN ROBERT WHITTAKER AND MARISOL SOLEDAD
HAROLD MINCH
5
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~ ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERf~.. . c;.~/,., ", ^'
~OL 6 1,"'- OLLIER COUNTY, FLORIDA, AMENDING SECTION FI~~<,: y \C)
.9 L 99"~ ("PENALTIES") OF ORDINANCE NO. 2008-22, THE COLLIER\~~~> ~
COUNTY INTERSECTION SAFETY ORDINANCE, IN ORDER TO <: )f'" ~.;:l
CREATE TIERED CIVIL FINES FOR INITIAL AND SUBSEQUENT <'0<.14. 'if
VIOLATIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; ;>%?;~
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on April 22, 2008, the Board of County Commissioners adopted Ordinance
No. 2008~22, the Collier County Intersection Safety Ordinance, to facilitate the use of unmanned
cameras to encourage vehicle owners to obey traffic control devices and entrust their vehicles
only to -responsible drivers; and
WHEREAS, the Board of County Commissioners desires to amend Section Five, entitled
"Penalties," of Ordinance 2008-22 so as to establish a tiered civil fme structure that reflects
. initial and subsequent violations.
UJ G::; ~OW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
;:::c ?E CoMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
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(j;: SE~ION ONE: AMENDMENT TO SECTION FIVE OF ORDINANCE NO. 2008-22.
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':5;; Se~on Five is hereby amended to read as follows:
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S~ON 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 eBe :MmtItea t'Weaty f'be Sellar
(S12S.QG) civil fine in the amount of sixty-two and 50/100 dollars ($62.50) shall be assessed
against the vehicle's owner for eaeh yielatieB the first violation. a civil fine in the amount
seventy-five dollars ($75.00) shall be assessed for the second violation within anv five-year
period. and a one hundred dollar ($100.00) civil fine shall be assessed for the third and any
subsequent violation bv the vehicle's owner within anv five-year oeriod. The civil fine must be
paid in full (be received by the County's Code Enforcement Department) not later than 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 21 days
after the vehicle owner's receipt of such notice. The $125.QO civil fine~ may be amended by
resolution of the Board of County Commissioners.
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Words Underlined are added; Words Swsl, Threugh are deleted.
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SECTION TWO: 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 phrase or portion of the Ordinance 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 portion.
SECTION THREE: 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 Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County,FIorida,taus`fJ/ lay of6W0 6Qr, ,2009.
BOARD OF COUNTY COMMISSIONERS
DVi I T; t(J�K, ERK COLLIER COUNTY, FLORIDA
•Ater.
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DO A FIALA, CHAIRMAN
Ap! •v.• . to form
an.j eg� i' ciency: This ordinance filed with the
Secretory of t te's Office 11111 jgeday of 2QO9
Je` , K`• ow and acknowledgement of that
filin• received this ( day
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Co !1 orney of �6.
By '1 41!..._._1..:
Deputy Cki
Words Underlined,are added;Words StPuelf-Thr-ough are deleted.
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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 and correct
copy of:
ORDrNANCE 2009-54
Which was adopted by the Board of County Commissioners
on the 13th day of October, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th
day of October, 2009.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
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(~~ '. ~~~~ ..~. ORDINANCENO.2008-~
':'", ~ AN ORllUiANCE OF COLUER COUNTY, FLORIDA, CREATING A NEW ARTICLE
'~?;'YJMt~APTER 78 OF THE CODE OF LAWS AND ORDINANCES OF COLLIER
0......:. .COUlUv 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 unmanned 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 2005-4 I 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 COL~IER COUN1!' FLORI~A, that a new Article ill in ~tes:;
78 of the Code of Laws and Ordinances of Co liter County IS hereby created to read as foliU'Ws: "'"
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SECTION ONE. TITLE AND APPLICATION OF TffiS 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 system.
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
aIley, 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.
Vehic/e 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" ifmore 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
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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 pennission 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 pennission 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 perjury, 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 Unifonn 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 Unifonn 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) If the 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 (2 I) 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 Enforcement 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 (2 I) 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 pennits 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 al1 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.
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(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 fonn Notice approved by the Collier County
Sheriff's 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 fme 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 fun 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 sununarily 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 fme 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 ADOYfED by the Board of County Commissioners of Collier
County, Florida, this ~ day of ~ .2008.
ATTEST:.. BOARD OF COUNTY COMMISSIONERS
DWIGHT E.,J3~,Clerk OF COLLIER COUNTY, FLORIDA
" 1J;:~~r('~o~~ --I~ .
~~<" ' TOM~G:-Choimum. -r-
At test :'a, ,4> ChO'r"IIu .
s i gn&bfrt on 1 N
Approved as to form and legal sufficiency:
By: ~~7Yl ~
Colleen M. Greene '
Assistant County Attorney
CP: 07-SHF-OOOS2;3
Page 70f7
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" BROCI\.dl"j:';"
Clerk of cou:r:~Ef.and~~ ~rk
Ex-officio to aoard of <
County commL~ .~
: Teresa Polasl5:i.~' . '
Deputy Clerk'
FLORIDA DRIVER'S HANDBOOK 2009
httu://www.flhsmv.2ov/handbooks/
Chapter 4 Section 1
Traffic Control Sie:nals
Traffic signals are placed at intersections to keep traffic moving and to avoid a crash. Drivers,
pedestrians, and bicycle riders must obey these signals, except when an officer is directing
traffic. Stop on the stop line if your car is nearest the signal. Some signals change only when a
car is at the stop line. If traffic signals are out of order, treat the light as if it was a four-way stop
SIgn.
Red
Come to a complete stop at the marked stop line or before moving into the crosswalk or
intersection. At most intersections, after stopping, you may turn right on red if the way is clear.
Some intersections display a "NO TURN ON RED" sign, which you must obey. Left turns on a
red light from a one-way street into a one-way street are also allowed.
Yellow
Stop if you can safely do so. The light will soon be red.
Green
Go - but only if the intersection is clear. Yield to pedestrians and vehicles still in the intersection.
If turning left, wait for a gap in oncoming traffic to complete a turn.
Red Arrow
Just like a red light, come to a complete stop at the marked stop line or before moving into the
crosswalk or intersection. After stopping, you may turn right on a red arrow at most intersections
if the way is clear. Some intersections display a "NO TURN ON RED" sign, which you must
obey. Left turns on a red arrow from a one-way street into a one-way street are also allowed.
Yellow Arrow
Stop if you can. The light will soon be red. The yellow arrow means the same as the yellow light,
but applies only to movement in the direction of the arrow.
Green Arrow
A green arrow, pointing right or left, means you may make a turn in the direction of the arrow. If
the red light is burning at the same time, you must be in the proper lane for such a turn and you
must yield the right-of way to vehicles and pedestrians within the intersection.
\D)~@~D\!J~~I
lW 0 C T 2 3 2009 ~
By t>6
September 14, 2009
Collier County Intersection Safety Program
Payment Processing Center
PO Box 742503
Cincinnati, OH 45274-2503
To Whom it May Concern:
I recently received a "Notice of Code Violation" from you. I do understand the importance of
enforcing traffic laws, but it does not appear you have identified the driver of my car for this
instance.
You have addressed the code violation to me, Kevin Klimek. You have not provided any
evidence that I was driving this car at the time of this infraction, and would like to refer you a
few basic liberties all Americans are granted.
The first liberty is the right to due process of law. You state that you presume the registered
owner ofthe vehicle is the driver, but only offer an appeal if the car is operated by anyone
other than the driver without their permission. I allow friends to drive my car on many
occasions. Should they commit a traffic violation while operating my vehicle, the citation does
not fall upon the owner ofthe vehicle. It falls upon the driver.
The Florida State Constitution also states traffic laws must be uniform. You clearly 'get around'
this by considering this to be a CODE VIOLATION instead of a moving violation. If you've ever
heard the phrase: "If it walks like a duck} and talks like a duck... ifs a duck". Regardless of your
classification, this is clearly a guise to increase county bankrolls by representing this is anything
different.
I have seen the photographs and viewed the violation online. I do not dispute the car in
question is registered to me. I do dispute the assumption that I was the driver at this time.
Please provide me with further evidence that I was the driver during this infraction. If you are
able to provide sufficient evidence that I was driving the car} I will submit payment
immediately,
As with all cases in the United States of America, the burden of proof is the responsibility of the
accuser and/or prosecutor, If no other evidence is presented, I thank you for notifying me of
the infraction, and will consider this matter to be settled.
I also ask you update the Affidavit of Non-Responsibility to include a section that the car MAY
have been in the custody or control of another person WITH specific permission from the
owner.
:it I 3tb 1 tJ() 0 i./-S 17 1-
I-IE-~All ~: IL"/dl.3/tJ1
I8E~fXWJJeNT'.5 5rl./-;6/7- I';;",
Please also refer to the 14th amendment of the United States Constitution. This was passed by
Congress on June 13, 1866 and ratified July 9,1868. Section 1 states:
"All persons born or naturalized in the United States and subject to the jurisdiction thereof, are
citizens of the United States and of the State wherein they reside. No State shall make or
enforce any law which shall abridge the privileges or immunities of citizens of the United States;
nor shall any State deprive any person of life, liberty, or process, without due process of law;
nor deny to any person within its jurisdiction the equal protection of laws."
I look forward to your response. If you choose not to respond within 15 days receiving this
letter, this matter will be settled, I will send this notification to you via certified mail, and retain
a copy for myself for future reference.
Regards,
itttt/1W
Kevin Klimek
4412 Preserve Way
Naples, FL 34109
239-272-2664
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USPS - Track & Confirm
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~ UNITEDST~TES
~ POSTl1L SERVICE~)
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Label/Receipt Number: 70090080 0000 6352 2606
Class: First-Class Mail@
Service(s): Certified Mail™
Status: Delivered
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Your item was delivered at 8:11 AM on September 18,2009 in
CINCINNATI, OH 45264.
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Detailed Results:
· Delivered, September 18, 2009, 8:11 am, CINCINNATI, OH 45264
· Notice Left, September 17,2009,11 :01 am, CINCINNATI, OH 45264
· Arrival at Pick-Up-Point, September 17,2009,11 :01 am, CINCINNATI, OH 45264
· Arrival at Unit, September 17,2009,10:39 am, CINCINNATI, OH 45250
. Acceptance, September 14,2009,4:24 pm, NAPLES, FL 34108
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10/7/2009