Boynton14.5 Chapter 14.5
RED LIGHT INFRACTION ENFORCEMENT PURSUANT TO STATE LAW
Sec. 14.5 1. Intent.
The purpose of this chapter is to authorize the use of traffic infraction detectors to promote compliance with red light signal directives as defined and prescribed by Laws of Florida,
Chapter 2010 80 (the (State Act(). Consistent with state law, this chapter will also supplement law enforcement personnel in the enforcement of red light signal violations and shall
not prohibit law enforcement officers from issuing a citation for a red light signal violation in accordance with other statutory traffic enforcement techniques.
(Ord. No. 08-034, ( 2, 12-16-08; Ord. 10 015, ( 2, 7 20 10)
Sec. 14.5-2. Authorization for enforcement program.
Effective July 1, 2010, the city shall enforce compliance with red light signal directives pursuant to the State Act, to utilize image capture technologies. The city shall comply with
the requirements of the State Act, including without limitation the enforcement of violations as defined herein and in the State Act, authorized fines for violations, citation forms,
review of affidavits of non-responsibility, reporting obligations to state agencies, payments to the state, and public notice. This chapter shall not supersede, infringe, curtail, or
impinge upon state laws related to red light signal violations or conflict with such laws.
(Ord. No. 08-034, ( 2, 12-16-08; Ord. 10 015, ( 2, 7 20 10)
Sec. 14.5-3. Definitions.
The definitions set forth in the State Act, as may be amended, shall apply to the city(s implementation and application of the State Act. In addition, the following definitions shall
apply to this chapter.
(a) Notice of violation. Initial notification from the city to the registered owner of a motor vehicle involved in a violation, notifying the registered owner of the violation, and
containing information required by the State Act.
(b) Recorded images. Images recorded by a traffic infraction detector, which includes but is not limited to photographic or electronic images or streaming video.
(c) Special Magistrate. The city(s Special Magistrates appointed by the City Commission to conduct hearings pursuant to the State Act.
(d) Traffic citation. Notification to the registered owner of a motor vehicle involved in a violation who failed to timely pay the fine pursuant to a notice of violation, and containing
all information required by the State Act.
(e) Traffic infraction enforcement officer. The city Police Department employee designated pursuant to Section 14.5-4 herein, who meets the requirements of the State Act and who shall
review the recorded images and issue notices of violation and traffic citations pursuant to the requirements of this chapter and the State Act.
(f) Violation. Violation of F.S. Sections 316.074(1) or 316.075(1)(c)1.
(Ord. No. 08-034, ( 2, 12-16-08; Ord. 10 015, ( 2, 7 20 10; Ord. No. 13 019, ( 2, 6 18 13)
Sec. 14.5-4. Traffic infraction enforcement officer.
In addition to sworn police officers and community service officers, the city(s Police Chief may designate traffic infraction enforcement officers, who shall meet the qualifications
set forth in the State Act.
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(a) A reviewing officer shall review the recorded images that comply with the requirements of the State Act, prior to the issuance of a notice of violation pursuant to the State Act.
Once the reviewing officer has verified the accuracy of the recorded images he or she shall note the violation and a notice of violation shall be sent to the registered owner of the
involved vehicle pursuant to the State Act no later than 60 days after the violation. The notice of violation shall be sent by first-class mail or as specified in the State Act.
(b) The State Act provides that in the event of non-payment of the notice of violation, the city shall issue a uniform traffic citation to the vehicle owner. In the event of non-payment
of the notice of violation within 60 days of notification, the recorded images will be reviewed again by a reviewing officer, who will take all necessary action required by the State
Act to send a traffic citation to the registered owner of the involved vehicle pursuant to the State Act. The traffic citation shall be sent by certified mail or as specified in the
State Act.
(Ord. No. 08-034, ( 2, 12-16-08; Ord. 10 015, ( 2, 7 20-10; Ord. No. 13 019, ( 2, 6 18 13)
Sec. 14.5-5. Appointment of Special Magistrate.
(a) The City Commission shall appoint at least one Special Magistrate to consider appeals under this chapter.
(b) The qualifications and appointment of the Special Magistrate shall be as follows:
(1) The Special Magistrate shall be appointed by the City Commission and shall serve with compensation as established by the City Commission by resolution.
(2) The Special Magistrate must be both an attorney and a member of the Florida Bar for a minimum of five years.
(3) The Special Magistrate will be bound by the code of ethics of the Florida Bar as currently proscribed or as amended from time to time.
(c) Rules and regulations, consistent with the provisions of Florida law, necessary to carry out the provisions of this chapter may be adopted by resolution of the City Commission.
(Ord. No. 13 019, ( 2, 6 18 13)
Sec. 14.5-6. Notice of violation hearings.
Upon the effective date of state law authorizing notice of violation hearings to be conducted by the city, the city authorizes its Special Magistrates, as may be appointed from time
to time by the City Commission, to serve as the city(s local hearing officer, as defined by F.S. Section 316.003(91), as amended from time to time. The local hearing officer shall conduct
hearings in accordance with the requirements of F.S. Section 316.0083, as amended from time to time. Administrative costs shall be assessed in those cases in which the violation is
upheld, in an amount to be established by resolution of the City Commission.
(Ord. No. 13 019, ( 2, 6 18 13)
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