Agenda 06/22/2010 Item #17E
Agenda Item No. 17E
June 22. 2010
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to adopt an ordinance authorizing and regulating 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" and to repeal
Ordinance No. 2008-22, as amended, the current "CoIlier County Intersection Safety Ordinance."
OBJECTIVE: To adopt the attached ordinance which would 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, 20 I O. 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 conform 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. At its June 8th meeting, the Board authorized the County Attorney to
advertise the proposed ordinance for future consideration,
Please note that this proposed ordinance only 8uthorizes a red light camera program within Collier
County, Implementation of such a program will be through a future vendor agreement. Pursuant to HB
325, the current agreement with American Traffic Solutions will terminate as a matter of law on .luly I,
2010. If a new agreement with this vendor is not entered into by .luly I, 2010, the entire red light
camera program in Collier County will terminate that date, and will remain terminated until a new
arrangement is approved by the Board.
LEGAL CONSIDERATIONS: The proposed ordinance was prepared by the County Attorney and is
legally sufficient. - .lAK
FISCAL IMPACT: The cost to advertise this ordinance was approximately $400.
GROWTH MANAGEMENT IMPACT: None,
RECOMMENDATION: To adopt the proposed ordinance repealing and superseding the current
Collier County Intersection Safety Ordinance in order to authorize and regulate the use of traffic
infraction detectors consistent with the Mark Wanda II Traffic Safety Act, as amended from time to time.
Preoared bv: Jeffrey A. Klatzkow, County Attorney
Agenda Item No. 17E
June 22, 2010
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
17E
Recommendation to adopt an ordinance authorizing and regulating 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 and to
repeal Ordinance No. 2008-22, as amended, the current Collier County Intersection Safety
Ordinance.
Meeting Date:
6/22/2010900:00 AM
Prepared By
Jeff Klatzkow
County Attorney
Date
6/10/20101 :57:30 PM
Approved By
Jeff Klatzkow County Attorney Date
6/15/2010 1 :42 PM
Approved By
OMS Coordinator Date
County Manager's Office Office of Management & Budget 6/15/20101:55 PM
Approved By
Randy Greenwald Management/Budget Analyst Date
Office of Management & Office of Management & Budget 6/15/20102:13 PM
Budget
Approved By
Leo E. Ochs, Jr. County Manager Date
County Managers Office County Managers Office 6/16/20101:22 PM
Agenda Item No. 17E
June 22, 2010
Page 3 of 6
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 Wandall 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, 20 I 0-80 taking effect on .luly I, 2010;
WHEREAS, the running of red lights continues to be a safety ha2ard 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 17E
June 22. 2010
Page 4 of 6
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 (20 I 0) 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: Contlict 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 proYisions 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. 17E
June 22,2010
Page 5 of 6
SECTION SEVEN: Effective Date.
This Ordinance shall become effective .luly 1, 20] O.
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:
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
Approved as to form
and ga s ficiency:
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Agenda Item No. HE
June 22, 2010
Page 6 of 6
18D · Friday, June 11, 20tO-NipJes-nau, News
NOTICE OF fNTENT TO CONSIDER ORDINANCE
. Notice is hereby given that on Tuesday, June 22, 2010, in the Boardroom. 3rd Floor,
Administration Building, Collier ~ounty Government Center. 3301 East Tamiami
Trail, Naples, Florida, the Board of County Commissioners will consider the enact:
ment of a County Ordinance. The meeting will commence at 9:00 A.M, The title of
the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN-
TY, FLORIDA. TO BE KNOWN AS THE COLLIER COUNTY INTERSECTION SAFETY OR-
DINANCE, WHICH AUTHORIZES ANa REGULATES THE USE OF TRAFFIC INFRACTION
DETECTORS CONSISTENT WITH THE "MARK WANDALL TRAFFIC SAFETY ACT"; PRO-
VIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COOE OF LAWS AND ORDINANCES: PROVIDING FOR THE REPEAL OF ORDINANCE
NO. 200B-22. AS AMENDED; AND PROVIDING AN EFFECTIVE DATE.
, ,
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection. All int.erested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on anr agenda item must register with the
County administrator prior to presentation 0 the agenda item to 'be addressed. In.
dividual speakers will be limited to 3 minutes on any item. The selection of an indi~
vidual to speak. on. behalf of an organization or group, is encouraged. If recognized
by the Chairman, a spokesperson for a group or organization may be allotted 10
minutes to speak o~ an item.
Written material intended to be considered by the Board shall be submitted to the
appropriate County staff a minimum of thirteen days prior to the public hearing.
All material used in presentations _ before the Board will become a permanent part
of the record. .,'
Any person who decides to appeal a decision 6f the Soard 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 evi-
dence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to par.
ticlpate in this proceeding; you are entitled, -at no cost to you, to the provision of
certain assistance. Please contact the Collier. County Facilities Management Depart~
ment, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)
252-8380. Assisted listening devices for the hearing impaired are available in the
County Commissioners' Office. .
BOARD OF COUNTY COMMISSIONERS
(O.LLlER COUNTY, FLOR.IDA
FRED COYLE, CHAIRMAN
D"'YIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
IIJnP l' /010
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