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Ordinance 2010-25 ;;:1;6~ 8 S' f ",rv ,f'"n, - , II '.'\ ;; A:--/ 1M 0/& <'/ I?' v ORDINANCE NO. 2010 -25 .I.,'.' J4y \. ,<, \\, ~ ORDINANCE OF THE BOARD OF COUNTY COMMISSIONER;<'6~;/ '':>6'1Y.: () '~?:':,,~. .'0. ..;~LLIER COUNTY, FLORIDA, TO BE KNOWN AS THE COLLIER '<,.;...c'.:> ':" . ",. u. COUNTY INTERSECTION SAFETY ORDINANCE, WHICH <. /. . < ? AUTHORIZES AND REGULATES THE USE OF TRAFFIC INFRACTION <(X./';, 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; PROVlDING FOR THE REPEAL OF ORDINANCE NO. 2008-22, AS AMENDED; AND PROVlDING 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, 2010-80 taking effect on July 1,2010; WHEREAS, the running of red lights continues to be a safety hazard affecting every citizen and traveler in Collier County; and WHEREAS, the County wishes to reduce the running ofred 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. Page I of3 SECTION THREE: Applicability. This Ordinance shall apply to, and be enforced Ill, 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: Conflict and Scverability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION SIX: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION SEVEN: Repeal of Previous Ordinance. This Ordinance hereby repeals and supersedes all portions of Ordinance 2008-22, and all amendments thereto. Page 2 of3 SECTION SEVEN: Effective Date. This Ordinance shall become effective July 1,2010. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, thisJ.2,.,J,day of :Iu~.<::....-o ,2010. . . ~\.::~ . ~/~ ,.j ATTEST' ..' .....'.. " .,,,' '. ",/'" DWIGm KBROCK;'CtERK Q~~~~~C ~4tUS-t'.5 .l~~~ef~ C~erk .t...... 0/1.,. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA "/ct~ lA). C+ By: _ FRED W. COYLE, CHAIRMAN Approved as to form and _g~1.Siri_~CY: tt V!I Jeffr~y N,. Klatzkow Cou~y Attorney " V This bnllncll"Ce filed wlll1 "'" SecQlltary of State's Office \tiE; .dfbdDt of "'\0<\e.., '}.D I ond ~I.dge~ent Qf mot flll"S.- r<<:eived \titS ~ day of ./~~ _ Page 3 of3 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: ORDINANCE 2010-25 Which was adopted by the Board of County Commissioners on the 22nd day of June, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of June, 2010, DWIGHT E. BROCK Clerk of Courts "Sil.!lti)F.g:)i!'"rk ff' . 'd"'" /r, Ex-o lClO to. !3.0i;lru'f.'/, County Commii;lsion",rs'-, Teresa Deputy " _. ~ ,t. "....r" pola~KfJ ,<!,'c.: '....", Clerk