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Agenda 04/22-23/2008 Item # 8A Agenda Item No, 8A April 22, 2008 Page 1 of 11 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve the Collier County Intersection Safety Ordinance to authorize use of unmanned cameras at road intersections and to enforce Ordinance violations of vehicles running red traffic lights. OBJECTIVE: Recommendation that the Board of County Commissioners ("Board") approve the Collicr County Intersection Safety Ordinance to authorize the use of unmanned cameras and to enforce ordinance violations of vehicles running red lights at road intersections, CONSlDERATIONS: On July 25, 2007, the Board requested that the County Attorney's Office work in cooperation with the Sheriffs Legal Office to draft and advertise an ordinance to authorize the use of unmanned cameras at intersections throughout the County, The Ordinance provides that the Sheriff's Office, or designce, will be responsible to issue the Notices of Violation, and the Code Enforcement Department will be responsible for enforcement of the Notices of Violation. Violations may be appealed to the Special Magistrate. The civil fine for violation of this Ordinance is one-hundred twenty-five ($125,00) dollars. Use of unmanned cameras at intersections is anticipated to be cost effective by reducing manpower costs and reduce accidents at road intersections. Staff requests Board direction to solicit bids for the installation and monitoring of the unmanned camera systems. FISCAL IMPACT: Unknown. However similar systems currently operating in other areas are either self-supporting or are generating revenues after accounting for the costs to install the unmanned camera systems, GROWTH MANAGEMENT: Adoption of this proposed Ordinance will have no growth management impact. LEGAL CONSIDERATIONS: This Ordinance has been reviewed and approved for form and legal sufficiency by both the County Attorney's Office and the Sheriff's Legal Counsel. RECOMMENDATION: That the Board of County Commissioncrs approve the Collier County Intersection Safety Ordinance which has been duly advertised. Prepared by: Colleen M, Greene Assistant County Attorney Capt. Michael Hedberg Collier County Sheriff's Office, Legal Advisor Page I of I Agenda Item No, 8A April 22, 2008 Page 2 of 11 COLLIER COUNTY BOARO OF COUNTY COMMISSIONERS Item Number: Item Summary: 8A Recommendation that the Board of County Commissioners approve the Collier County Intersection Safety Ordinance to authorize use of unmanned cameras at road intersections and to enforce Ordinance violations of vehicles running red traffic lights. Meeting Date: 4/22/2008 90000 AM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 4/3/2008 7:19 AM Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 4/15/20084:12 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4/15/20084:51 PM file://C:\AgendaTestIExportl I 05-April%2022,%202008108.%20ADVERTISED%20PUBLI,.. 4116/2008 AgenJ;:.'iM, m No, 8A '~;ii 22, 2008 Page 3 of 11 OFFICE OF THE COUNTY ATTORNEY MEMORANDUM TO: James V, Mudd, County Manager Colleen M, Greene, Assistant County Attorney C n \ 6 RECE'VED OFFICE OF THE COUNTY MANAGER '~J .". , II FROM: ACTION DATE: March 31, 2008 RE: Collier County Intersection Safety Ordinance Attached please find a copy of the Collier County Intersection Safety Ordinance. This ordinance is ready to be advertised. The Ordinance was prepared by the County Attorney's Office together with the Sheriff's Legal Office based on the Board of County Commissioners' direction at the July 27,2007 meeting. It is my understanding that the County Manager will place this Ordinance on the Agenda Under- Sheriff Rambosk will present the Ordinance at the Board of County Commissioners meeting. Thank you for your kind attention to this matter, Please contact me with any questions. 07-SHF-0005218 Agenda Item No, 8A April 22, 2008 Page 4 of 11 ORDINANCE NO. 2008- AN ORDINANCE OF COLLIER COUNTY, FLORIDA, CREATING A NEW ARTICLE III IN CHAPTER 78 OF THE CODE OF LAWS AND ORDlNANO:S OF COLLIER COUNTY TITLED THE "COLLIER COUNTY INTERSECTION SAFETY ORDINANCE;" PROVIDING DEFIl'oTIJONS; REQUIRING ADHERENCE TO TRAFFIC CONTROLS; PROVIDING FOR EXCEPTIONS AND PENALTIF.8; REQUIRING NOTICE OF CODE VIOLATIONS; PROVIDING OBLIGATIONS OF VEffiCLE OWNER; PROVIDING FOR APPEALS; PROVIDING A SIXTY DAV GRACE PERIOD; PROVIDING FOR CONFLICf AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING THE EFFECfIVE DATE, WHEREAS, Collier County is a high density traffic a,ea 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 fees 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 efficienlly utilized in responding to other offenses; and WHEREAS, Florida coWlties and municipal corporations have demonstrated increa.1ied 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 Stalutes, unless the violation is personally viewed by an enforcement officer; and WHEREAS, Florida Attorney General Opinion 2005-41 confinns the County1s 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 Lag of the vehicle; and WHEREAS. pursuant to section 316.008(1)(w), Florida Statutes, Collier County may lawfully enforce this Ordinance by authorized Deputy SheritTs reviewing images recorded by a traffic violation photographic system; and WHEREAS, any Trafflc Control Infraction Review Officer can lawfully issue Notices of Violation of this Ordinance (Article) to a registered O'Wller of the offending vehicle, but cannot lawfully issue a Uniform Traffic Citation to cite ~uch 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 othen.vis~ nor be any basis for suspension or revocation of any driving priviJege; and WHEREAS, the Board finds that implementaJion 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. Page 1 ofB NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that a new Article ill in Chapter 78 of the Code of Laws and Ordinances of ColJier County is hereby created to read .. follows: SECfION ONE. TITLE AND APPLICATION OF TIDS 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 phmses, when used in this Article. shan have the meanings herein ascribed to them., unless the context clearly indicates a different meaning: InJersecfion 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 anglcs~ or the area within which vehicles tra.veling 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 there<>f with the right of pmchase upon perfonnance 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 (incJuding turn arrow) or is flashing. The lights are green, yellow and red, Traffic Control Infraction Review qlJicer means any law enforcement officer employed by the Collier County Sheritff> Office who meets the requirements of Section 943.13, F7oridaStatUles, or its successor in function. Traffic violation photographic syslem means a device (camera) that makes a recorded. image of the respective vehicle traveling into or through the intersection. Vehide 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 Statute:i 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. Page 2 ot'8 Agenda Item No. 8A April 22, 2008 Page 5 of 11 Agenda Item No, 8A April 22, 2008 Page 6 0111 SECI'ION THREE. ADHERENCE TO TRAFFIC CONTROLS. Each of these violations is classified as a moving violation by Florida Statute. (0) Steady red traffic light. Thc driver (operator) of a vehicle shall not allow any ponieD of the front-most part of that vehicle to encroach over a vertical extension of the nearest part of the intersection, intersection line, crosswalk line or "stop here on red" line, as opplicoble at the intersection after the steady ,ed traffic light has turned red and until the red traffic light has turned green. A slClldy red traffic light includes a steady red bal~ a steady left turn arrow, or !l 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 V-turn, Each violation of this subsection is a violation of this Article. (Refer to Snbsection 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 whu does not bring such vehicle to a complete stop before allov..;ng any pan of the vehicle to enter into the intersection. inLersection line, crosswalk: line or "stop here on red" line, as applicable, is 0 violation of this Artielc, Thc driver's right to proceed shall bc subject to rules that apply to a stop sign. (Refe, to See, 316,076, Florida Statutes, - Flashing signals). (c) Inopemble or malfunction traffic Light, Failure of a vehicle driver to treat an inoperable traffic light or malfunctioning traffic light a.<; a stop sign is a violation of this Article. (Refer to See. 316.1235, Florida Statutes, ~ Vehicle approaching intersection in which traffic lights arc inoperative). SECTION FOUR. EXCEPTIONS, The owner of the vehicle shalt be responsible for paying the civil fee for the noticed violation of this Article listed in Section Three, above, except: (a) If thc vehicle was being operated without expressed or implied pemlission from the vehicle's owner. ThiR exception applies only if tbe 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 Speci81 Magistrate's hearing. The affidavit must specifically assert, if troe, that the driver was driving the vehicle without expressed or implied permission from the vehicle's ovmer, and must include the vehicle driver's fun name, complete and C1.lITerlt 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 ex.press 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 Jaw enforcement agency. The following sentence must be in Pagc 3 of8 thc affidavit immediately above the affianfs signoture line: "Under penalties of perjury, 1 declare that J 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 authOrT7.cd emergency vehicle or other vehicle ovmed or controlled by a federal, state, or local government and such vehicle's driver was authorized by applicable law, rule or regulation to disregaro that traffic light at that time and place; (d) If the asserted defense would bave excused the noticed violation as if such violation had been cited by a Uniform Traffic Citation pursuant to Florida Statute; (e) If the vehicle driver was required to violate the applicable traffic control device (or the official) in order to comply ~\..ith another applicable law that supersedes the respective traffic control regulation; (t) If the vehicle driver W1lS 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 Magistrote finds there exists any other valid reason why the noticed violation should be voided by Order afthe Special Magistrate. SECTION FIVE. PENALTIES. (a) Civil Fee; Appeal Fee. Each Section Three violation, above, issued pursuant to this Article shaU be a civil. noncriminal ordinance violation for which a one hundred twenty-fIVe dollar ($125.00) civil fee shall be assessed against the vehicle's owner for each violation. The civil fee must be paid in full (be received by the County's Code Enforcement Department) not late, 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 S125.00 civil fee may be amended by resolution ofthe Board of County Commissioners. (b) Appeal :Fee and Costs. [f the appeal does not result in the noticed violation being voided by Order of the Special Magistrate, then not late, than twenty-<>ne (21) days after receipt of written notice from the Special Magistrate, the vehicle's owner must pay thc civil fe< plus an additional one hundred and fIfty dollars ($150,00) appeal fe<, plus all prosecutorial costs incurred by the Countyand/or the Special Magistrate. By Order of the Special Magistrate, the Special Magistrate shall notify the vehicle's Omlcr of the civil fee, appcaI fee, and pro,ecutorial 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 Page 40f8 Agenda Item No, SA April 22, 2008 Page 7 of 11 Agenda Item No, 8A April 22, 2008 Page 8 of 11 limit. The $150,00 fee may be amended by Resolution of the Board of County Commissioners. (c) SuspcnsionofCounty Privileges. A noticed vehicle owner who fails to pay in full the applicable civil fee. and, if applicable, the appeal fee and costs within the applicable twenty-one (21) day time period, shall thereby lose that vehiclc owner'. privilege to obtain (0' renow) cvcry Collier County Tax Collector local bosincss tax receipt issued to such owner (individual or entity) and shall also thcreby lose that owner's privilege to obtain other licenses and/or pennits issued by Co1Jier County. The owner can summarily rr:iDs!all! 011 such lost privilC2eS by paying in full all such fees and costs. If the appIiC8b1c f""" and costs "'" not paid in full within the applicable twenty-one (21) day time period, the Special Mogistrate may placc a lien on .uch of the vehicle owner'. property os thaJ. authorized by Chapter J 62, Florida Statules, and/or by then applicable Collier Connty Code Enforcement Ordinance(s), Thc lien amount, including any accrued interest, and all costs actually incum:d by the County and/or the Special Magistrate regarding the lien shall bc paid in full before thc lien is released or is otherwise voided, The County may also elect to enforce alt such rees and costs by civil action in the nature ofdcbL (d) No Driver's Points and No Effect an any Driving Privilege. As, violations of this Article are ordinance violations and Dot conviction(s) of any motor vehicle law, no violation oflhis Articlc shall result in any points, os provided in Section 322,27, Florida Statutes or otherwise, nor be any basis for suspension or revocation of any driving privilege, SECfION SIX. NOTICE OF CODE VIOLA nONS. (8) Issuance of Notice of Code Violation, The Collier County Sheriff's Office (CCSO) may lawfully issue or cause to be issued thc 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 Traflic Control Infraction Review Officer, or designee, after his or her review of rccotded 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 systemldevices wIDch 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'\iolatioll. (b) Contents of Notice of Code Violation. The Notice issued for the violation listed in Section Thee, above, shall be by a standard fonn Notice approved by the Collier County Sheriff's Offiee and by thc Coonly Attorney's Office, which Notice should include the following information: (1) 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 nwnber of such vehiclc~ (3) The subsection oflhis Article that was violated; Page 5 of8 (4) The date, time lIDd intelllcction of the violation; (5) A copy of the rccorded illllllle(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 fee and thc deadline date such fce must actually be received by thc County's Code Enforcement Department (7) The moiling address of the Code Enforcement Deportment to which the fees mu.'lt be delivered by or on behalf of the vehiclc's owner, and the name of the payee to facilitate payment by money order. check. or other negotiable imrtrument. (8) A statement that the signing Traffic Control Infraction Review Officer reviewed and thereby observed the recorded imagc(s) evidencing the violation, and that those images constiMed reasonable grounds for that T raffle Control Infraction Review Officer to conclude that the noticed violation was committed at the cited date. time and intersection; (9) A statement of thc rwenty-onc (2 I) day timc limit within which thc vehicle owner may file an appeal and a brief description of the appeal process; and (10) A statement that if the vehicle's owner fails to pay the civil fee in fult or fails to timcly appeal thc violation(s), the owner shall thereby be deemed to (i) have waived all right." to dispute that violation., (ii) to thereby admit the violation; and (iii) failure to pay all applicable fees, and costs as applicable, can result in loss of privileges and imposition of liens pursuant to this Article. (c) Delivery of Notice of Code Violstion, The Notice of Code Violation shall be dellvcred 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 obligstion, to serve the Notice by personal service upon one ov.ner at any proper place of personal service or may otherwise elect to serve one owner by any other means then authorized by law. Page 6 of8 Agenda Item No, SA April 22, 2008 Page 9 of 11 SECTION SEVEN. OBLIGATIONS OF VEHICLE OWNER; APPEALS TO SPECIAL MAGISTRATE. (a) Upon receipt of a Notice of Code Violotion, thc 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 sb.IlIl note on thc appeal the date and timc of receipt of that appeal, (b) The appeal must include the owner's llJlIne, mailing address and pbonc number, and must stale in clear, meaningful detail all grounds upon which the violation is being conrestcd by the appcol. The grounds for appeal are listed in Section Four, obovc, (c) The Code Enforcement Deportmenr sball promptly refer the appeal to a Special MqiIlll8te, The Special MagiSl1'llte shall endeovor to schedulc the appeal hearing within sixty (60) day. after thc Special Magistrate's reecipt of thc appeal (provided the appeal W1lS aetually received by thc County's Code Enforcement Department not later than twenty-<>nc days (21) after the vchiclc owner's receipt of the Notice of Code Violation), The Special Magistrate by Order may summarily dismiss the appeal with prejudice if the appea1 does not comply with any requirement listed in subsection (a) or subsection (b), abovc. (d) Thc recorded images shall be admissible at thc hearing fo, all purposes, The Traffic Control Infraction Review Officer may testify at the hearing. Ce) If upon oppeal the noticed violation is not voided by Ordcr of the Special Magistrate, thc owner shall pay in full the civil fec, plus an additional onc hundred and fifty dollar ($150.00) appeal fce, plus all eosts actually ineurred by the C'.ounty and/or Special Magi<trate resulting from that appeal, The civil fee, appeal fee, and applicable incurred costs must be delivered in full to the County's Code Enforcement Department not later than twcnty-<lne (21) days after thc owner's receipt uf the Special Magistrste's Order that !rtates thc noticed eodc violation W1lS not voided by the Special MagistJate, and sball specify thc applicabte civil fcc, appeal fee, and applicable incurred costs, if any, All of the Special Magistrate's Orders, letters and other papers, ete., 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. SIX'IY DAYS GRACE PERIOD. The respective reviewing Traffic Controllnfraction Review Officer, or the CCSO designce, by ordinary U.S, Msil, is authorized to mail to the vehicle owner a "Courtesy Notice" of the violation of this Articlc that oecurs prior to Noon of the day that is sixty (60) days after the effective dste of this Artiele, SECfION NINE. CONFLICT AND SEVERABILITY, In the event this Article (Ord4tance) conflicts with any olher Ordinance of Collier County or other applieablc law, this Articlc shall apply and supersede, If any phrase or Psge 70f8 Agenda Item No. SA April 22, 2008 Page 10 of 11 Agenda Item No. SA April 22, 2008 Page 11 of 11 portion of this Article is held invslid or UIICOIlSlilutional by any court of competent jurisdiction, such portion shalJ be deemed a separate, distinct and independent provision and. such holding shalJ not affect the validity of tbc remaining portions. SECTION TEN. INCLUSION IN THE CODE OF LAWS AND ORDINANCES, This Ordinance shall be DlJl<ic a part of the Code of Laws and Ordinances of Collier Connty, Florida. The sections of tbe Ordinance may be renumbered or relcttcTCd to accomplisb that result, and the: word "Ordinance" may be changed to "Section," . Article" or ony other appropriate word, SEcnON ELEVEN, EFFECTIVE DATE. This A1licle shalJ be effcctivc 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: DWlGfIT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLUER COUNTY, FLORIDA By: Deputy Cled< By: TOM HENNING, Cbainnan Approved as to form and Icgal sufficiency: By: Colleen M. Greene A3sisUmt County Attorney CP: 07.SHF..ooOS2;3 Page 8 of8