08-034
II I
1 ORDINANCE 08- t?3t-J
2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
3 BOYNTON BEACH, FLORIDA, CREATING CHAPTER 14.5 OF THE
4 CODE OF ORDINANCES TO BE CALLED "THE BOYNTON BEACH
5 DANGEROUS INTERSECTION SAFETY ACT"; AND NEW SECTIONS
6 14.5-1 THROUGH 14.5-15 PROVIDING FOR INTENT AND
7 DEFINITIONS; ESTABLISHING AN ENFORCEMENT PROGRAM
8 WITHIN THE CITY; AUTHORIZING THE CITY TO PERMIT AND
9 IMPLEMENT THE USE OF UNMANNED CAMERAS/MONITORING
10 DEVICES FOR RED LIGHT INFRACTIONS; PROVIDING
11 ENFORCEMENT PROCEDURES, INCLUDING NOTICE, APPEAL
12 HEARINGS, PENAL TIES, IMPOSITION OF ADMINISTRATIVE
13 CHARGES AND COLLECTION; PROVIDING FOR EXCEPTIONS;
14 PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
15 PROVIDING AN EFFECTIVE DATE.
16
17 WHEREAS, the City of Boynton Beach ("City") is located in a high density traffic area
18 and regularly experiences traffic incidents related to the failure of motorists to obey duly erected
19 traffic control devices, which exposes its citizens to the dangers of personal injury and property
20 damage; and
21 WHEREAS, the City Commission is concerned with the inability to sufficiently enforce
22 the state statute prohibiting running of red lights, due mainly to the requirement that enforcement
23 of the state statute requires the personal observation of police officers, affecting the ability to
24 effectively reduce the significant dangers presented to motorists and pedestrians by the failure to
25 stop for a red light; and,
26 WHEREAS, the use of unmanned cameras to enforce toll violations on the state's toll
27 roads has been determined to be fair, reasonable and sufficient by the State of Florida in order to
28 effectively enforce laws regulating the payment of tolls without the need to commit the extreme
29 amount of personnel that would be necessary without the use of unmanned cameras; and,
Page 1 of 11
I' I
1 WHEREAS, similarly, the use of unmanned cameras will be effective in enforcing laws
2 requiring vehicles to stop for red lights; therefore freeing City police personnel to respond to other
3 , and sometimes more, significant incidents as well as serious crime; and,
4 WHEREAS, local governments in different parts of the state and country have
5 demonstrated the enhancement of vehicular and pedestrian traffic safety attributable to the
6 integration of automated image capture technologies with traditional traffic law enforcement
7 methodology; and
8 WHEREAS, S 316.008, Florida Statutes, grants municipalities, with respect to streets and
9 highways under their jurisdiction and within the reasonable exercise of police power, authority to
10 regulate and monitor traffic by means of police officers and security devices; and
11 WHEREAS, the City of Boynton Beach has home rule authority pursuant to Article VII,
12 Section 2 of the Florida Constitution and Chapter 166, Florida Statutes, to enact an ordinance
13 making the failure to stop for a red light indication a violation of the City's Code of Ordinances,
14 and to provide for enforcement of such violations of the City's Code of Ordinances through the
15 use of Special Magistrates; and,
16 WHEREAS, Attorney General Opinion 05-41, dated July 12, 2005, confirms the
17 authority of a City to enact an ordinance making the failure to stop at a red light indication a
18 violation of a City's Code of Ordinances, to use unmanned cameras to monitor intersections for
19 such violations of the City's Code, and to record the license tag numbers of vehicles involved in
20 such violations; and,
21 WHEREAS, the Attorney General has opined that a City may not issue traffic citations
22 under the State Statutes to drivers for violations observed by the use of unmanned cameras and
23 ot otherwise observed by police officers; and,
Page 2 of 11
" I
1 WHEREAS, in order to be consistent with state law and the Attorney General's Opinion,
2 the City will issue City Notices of Violations to registered owners of vehicles, will not utilize the
3 uniform traffic citation prescribed by Chapter 316, and will not prosecute offenses of its City
4 ordinance through county court, but rather through the City's enforcement program; and,
5 WHEREAS, the City Commission finds it to be fair and reasonable to use the same
6 procedure used by the state to enforce toll violations through unmanned cameras, and to provide
7 alleged violators with the opportunity to have a hearing within the City using the City's code
8 enforcement procedures adopted pursuant to Chapter 162, Florida Statutes, and set forth in
9 Chapter 2, Article V, of the City's Code of Ordinances; and,
10 WHEREAS, the City Commission of the City of Boynton Beach finds that
11 implementation of the enforcement program as set forth herein will promote, protect and improve
12 the health, safety and welfare of its citizens, consistent with the authority of and limitations on the
13 City pursuant to the Florida Constitution and Florida statutes; now, therefore
14 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
15 BEACH, FLORIDA:
16 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
17 being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof.
18 Section 2. Chapter 14.5 of the Code of Ordinances of the City of Boynton Beach,
19 entitled Boynton Beach Dangerous Intersection Safety Act, shall be created to read as follows:
20 :Chapter 14.5: Bovnton Beach Dane:erous Intersection Safety Act.
21
22 Q 14.5-1 Intent.
23
24 The purpose of this Act is to authorize the use of a unmanned cameras/monitoring system
25 to promote compliance with red light signal directives as proscribed bv this Act, and to adopt a
26 civil enforcement system for red light signal violations. This Act will also supplement law
Page 3 of 11
II
II .
1 enforcement personnel in the enforcement of red light signal violations and shall not prohibit law
2 enforcement officers from issuing a citation for a red light signal violation in accordance with
3 normal statutory traffic enforcement techniques.
4
5 QI4.5-2 Use oflmage Capture Technologies.
6
7 The City shall utilize image capture technologies as a supplemental means of monitoring
8 compliance with laws related to traffic control signals, while assisting law enforcement personnel
9 in the enforcement of such laws, which are designed to protect and improve public health, safety
10 and welfare. This Section shall not supersede, infringe, curtail or impinge upon state laws related
11 to red light signal violations or conflict with such laws. The City shall utilize image capture
12 technologies as an ancillary deterrent to traffic control signal violations and to thereby reduce
13 accidents and inluries associated with such violations. Notices oflnfractions issued pursuant to
14 this Act shall be addressed using the City's own Special Magistrates and not uniform traffic
15 citations or county courts.
16
17 QI4.5-3 Definitions.
18
19 The following definitions shall apply to this Act:
20
21 -.ill Intersection shall mean the area embraced within the prolongation or connection
22 of the lateral curb line: or, if none, then the lateral boundary lines, ofthe roadways
23 of two roads which ioin or intersect one another at, or approximately at, right
24 angles: or the area within which vehicles traveling upon different roads ioining at
25 any other angle may come in conflict.
26
27 (b) Motor vehicle shall mean any self-propelled vehicle not operated upon rails or
28 guideway, but not including any bicycle, motorized scooter, electric personal
29 assisted mobility device, or moped.
30
31 ill Notice of Infraction shall mean a citation issued for a red zone infraction.
32
33 @ Owner/Vehicle Owner shall mean the person or entity identified by the Florida
34 Department of Motor Vehicles, or other state vehicle registration office, as the
35 registered owner of a vehicle. Such term shall also mean a lessee of a motor
36 vehicle pursuant to a lease of six months or more.
37
38 ~ Recorded Images shall mean images recorded by a traffic control signal
39 monitoring system/device:
40
41 L On:
42 Two or more photographs, or
43 Two or more electronic images: or
44 Two or more digital images , or
45 Digital or Video movies: or
Page 4 of 11
1/ I
1 Any other medium that can display a violation : and
2
3 2. Showing the rear of a motor vehicle and on at least one image, clearly
4 identifying the license plate number of the vehicle.
5
6 ill Red Zone Infraction shall mean a traffic offense whereby a traffic control signal
7 monitoring system established that a vehicle entered an intersection controlled by
8 a duly erected traffic control device at a time when the traffic control signal for
9 such vehicle's direction of travel was emitting a steady red signal.
10
11 (g} Special MaJ!istrate shall mean the City's Special Magistrates appointed by the City
12 Commission to conduct appeals hearings pursuant to the Act.
13
14 ili2 Traffic Control Signal shall mean a device exhibiting different colored lights or
15 colored lighted arrows, successively one at a time or in combination, using only
16 the colors green, yellow, and red which indicate and apply to drivers of motor
17 vehicles as provided in Florida Statutes Q 316.075.
18
19 ill Tra(fic Control Signal Monitoring System/Device shall mean an electronic system
20 consisting of one or more vehicle sensors, working in coni unction with a traffic
21 control signal, still camera and video recording device, to capture and produce
22 recorded images of motor vehicles entering an intersection against a steady red
23 light signal indication.
24
25 QI4.5-4 Adherence to Red Light Traffic Control Signals.
26
27 Motor vehicle traffic facing a traffic control signal's steady red light indication shall stop
28 before entering the crosswalk on the near side of an intersection or, if none, then before entering
29 the intersection and shall remain standing until a green indication is shown on the traffic control
30 signal: however, the driver of a vehicle which is stopped at a clearly marked stop line, but if none,
31 before entering the crosswalk on the near side of the intersection or, if none, then at the point
32 nearest the intersecting roadway where the driver has a view of approaching traffic on the
33 intersecting roadway before entering the intersection in obedience of a steady red traffic control
34 signal, may make a right turn (unless such turn is otherwise prohibited by posted sign or other
35 traffic control device) but shall yield right-of-way to pedestrians and other traffic proceeding as
36 directed by the traffic control signal at the intersection.
37
38 Q 14.5-5 Violation.
39
40 A violation of this Act, known as a Red Zone Infraction, shall occur when a vehicle does
41 not comply with the requirements of paragraph (4). Violations shall be enforced pursuant to
42 paragraph (7) herein.
43
44 QI4.5-6 Sixty (60) day notice: introductory period.
45
i' Page 5 of 11
' i
, i
II I
1 For the first sixty (60) days after the initial camera becomes operational under this
2 Ordinance, unless the driver of a vehicle received a citation from a police officer at the time of a
3 Red Zone Infraction in accordance with normal traffic enforcement techniques, the vehicle owner
4 shall receive a courtesy notice of the violation. Commencing sixty (60) days after the initial
5 camera becomes operational, the vehicle owner is subiect to the enforcement provision as
6 provided herein.
7
8 Q 14.5-7 Review of Recorded Images.
9 I
10 (ill The owner of the vehicle which is observed by Recorded Images committing a
11 Red Zone Infraction, shall be issued a Notice oflnfraction. The Recorded Image
12 shall be sufficient grounds to issue a City Notice of Infraction.
13
14 (Q} The City shall designate a Traffic Control Infraction Review Officer, who shall
15 meet the qualifications set forth in Q316.640(5)(A), Florida Statutes, or any other
16 relevant statute. The Traffic Control Infraction Review Officer shall review
17 Recorded Images prior to the issuance of a Notice of Violation/Infraction to
18 ensure accuracy and the integrity of the Recorded Images. The Traffic Control
19 Infraction Officer shall also verify that the Traffic Control Monitoring
20 System/Devices which captured the Recorded Images was functioning properly at
21 the time the Recorded Images were captured. Once the Traffic Control Infraction
22 Review Officer has verified the accuracy of the Recorded Images and
23 functionality of the Traffic Control Monitoring System/Devices, he or she shall
24 complete a report, and a Notice of Violation/Infraction shall be sent to the Vehicle
25 Owner at the address on record with the Florida Department of Highway Safety
26 and Motor Vehicles.
27
28 QI4.5-8 Notice of Violation/Infraction.
29
30 The Notice of Violation/Infraction shall include:
31 {ill The name and address of the vehicle owner:
32 (Q} The license plate number and registration number of the vehicle:
33 ill The make, model. and year of the vehicle:
34 @ Notice that the violation charged is pursuant to this Act:
35 W The location of the intersection where the violation occurred:
36 ill The date and time of the red zone infraction:
37 (g} Notice that the Recorded Images relating to the vehicle and a statement that the
38 recorded images are evidence of a red zone infraction:
Page 6 of 11
" J
1 ili2 The civil penalty imposed:
2 i) Images depicting violation:
3 ill The procedures for payment of the civil penalty and contesting the notice of
4 infraction:
5 {k} A signed statement by the Traffic Control Infraction Officer that. based on
6 inspection of recorded images, the vehicle was involved in a Red Zone Infraction:
7 ill Information advising the person alleged to be liable under this Section, the manner
8 and time in which liability as alleged in the Notice oflnfraction may be appealed
9 and warning that failure to pay the civil penalty or to contest liability in a timely
10 manner is an admission of liability.
11
12 Q 14.5-9 Vehicle Owner Responsibilities.
13
14 A Vehicle Owner receiving a Notice oflnfraction may, within twenty one (21) days of the
15 date of the Notice of Infraction:
16
17 {ill Pay the assessed civil penalty pursuant to instructions on the notice of infraction:
18 or
19 (Q} Request an appeal pursuant with procedures as outlined in this Act:
20
21 The failure to comply with the provisions ofthis Section within twenty one (21 ) days from
22 the date of the Notice oflnfraction shall constitute a waiver of the right to contest the Notice of
23 Infraction and will be considered an admission.
24
25 &14.5-10 Appeal to Special Magistrate.
26
27 (a) The City Commission shall appoint at least one ( 1 ) Special Magistrate to
28 consider appeals under this Chapter.
29
30 (b) The Special Magistrates are authorized to consider appeals under this
31 Chapter within twenty one (21) days of the date of the Notice oflnfraction, the Vehicle
32 Owner may file an appeal with the City pursuant to the directions in the Notice of
33 Infraction. A hearing on the appeal shall be scheduled for all appeals except those in
34 which the Vehicle Owner submits an affidavit pursuant to Q 14.5.11 in which the Vehicle
35 Owner affirms under penalty of periury that the vehicle was not under his or her care,
36 custody or control. or that of someone with Vehicle Owner's consent.
37
38 (c) Upon receipt of the appeal, the City shall schedule a hearing before the
39 Special Magistrate to occur not later than sixty (60) days after City's receipt of the appeal.
40 Notice of Hearing shall be provided to the Vehicle Owner no less than ten (10) days prior
Page 7 of 11
, , I
1 to the hearing, and shall be provided by certified and U.S. mail to the same address to
2 which the Notice of Infraction was sent.
3 'i
i I
, I
4 @ The following shall be permissible grounds for an appeal:
5
6 ill At the time of the infraction, the vehicle was not under the care,
7 custody, or control of the Vehicle Owner or an individual with
8 Vehicle Owner's consent, established pursuant to affidavit as
9 provided in QI4.5-11:
10
11 {ill The motor vehicle driver was issued a citation by a law
12 enforcement officer, which was separate and distinct from the
13 citation issued under this Section, for violating the steady red
14 traffic control signal:
15 (iii) The motor vehicle driver was required to violate the steady red
16 traffic control signal in order to comply with other governing laws:
17 (iv) The motor vehicle driver was required to violate the steady red
18 traffic control signal in order to reasonably protect the property or
19 person of another:
20 ill The steady red traffic control signal was inoperable or
21 malfunctioning: or
22 (vi) Any other reason the Special Magistrate deems appropriate.
23
24
25 W The Traffic Control Infraction Review Officer shall testify at the appeal.
26 Then, the Vehicle Owner may present testimony and evidence.
27
28 ill Recorded Images indicating a Red Zone Infraction, verified by the Traffic
29 Control Infraction Review Officer, are admissible in any proceeding before the City's
30 Special Magistrate to enforce the provisions of this Chapter, and shall constitute prima
31 facie evidence of the violation.
32
33 (g} Unless an affidavit is provided pursuant to Q 14.5-11, it is presumed the
34 person registered as the vehicle owner with the Florida Department of Motor Vehicles or
35 any other state vehicle registration office, or an individual having the owner's consent,
36 was operating the vehicle at the time of a Red Zone Infraction.
37
38 QI4.5-11 Vehicle Owner Affidavit of Non-responsibility.
39
40 In order to for the Vehicle Owner to establish that the motor vehicle was at the time ofthe
41 ed Zone Infraction in the care custod or control of another erson without the consent of the
42 e istered owner the Vehicle Owner is re uired within twen one 21 da s from the date listed
Page 8 of 11
T T I
1 on the Notice oflnfraction, to furnish to the City, an affidavit setting forth the circumstances
2 i demonstratmg that the motor vehicle was not m the Vehicle Owner's care custody or control. or
I
3 that of a person with Vehicle Owner's consent. The affidavit must be executed in the presence of
4 a notary, and include:
5
6 {ill Ifknown to the Vehicle Owner, the name, address, and the driver license number
7 ofthe person who leased, rented or otherwise had care, custody, or control of the
8 motor vehicle at the time of the alleged Red Zone Infraction: or
9
10 (Q} If the vehicle was stolen, the police report indicating the vehicle was stolen at the
11 time of the alleged Red Zone Infraction.
12 ill The following language immediately above the signature line: "Under penalties
13 of perjury, I declare that I have read the foregoing affidavit and that the facts
14 stated in it are true."
15
16 Upon receipt of an affidavit pursuant to this section, any prosecution of the Notice oflnfraction
17 issued to the vehicle owner shall be terminated.
18
19 QI4.5-12 Penalties.
20
21 A violation of this Act shall be deemed a non-criminal, non-moving violation for which a
22 civil penalty in the amount of$ 125.00 shall be assessed. As the violation relates to this Act and
23 not the State Statutes, no points as provided in Q 322.27, Florida Statutes, shall be recorded on the
24 driving record of the vehicle owner or responsible party.
25
26 & 14.5-13 Administrative Charges.
27
28 In addition to the assessment pursuant to Q 14.5-12 herein, administrative charges may be
29 assessed in the event of an appeal or the necessity to institute collection procedures.
30
31 QI4.5-14 Collection of Fines.
32
33 The City may establish procedures for the collection of a penalty imposed herein, and may
34 enforce such penalty by civil action in the nature of debt.
35 Q 14.5-15 Exceptions.
36 This Act shall not apply to Red Zone Infractions involving vehicle collisions or to
37 any authorized emergency vehicle responding to a bona fide emergency: nor shall a Notice
38 of Infraction be issued in any case where the operator of the vehicle was issued a citation
39 for violating the state statute regarding the failure to stop at a red light indication.
40
Page 9 of 11
. . I
1 Section 3. Severability. If any section, sentence, clause, or phrase of this Ordinance is
2 held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
3 shall in no way affect the validity of the remaining portions of this Ordinance.
4 Section 4. Inclusion in Code. It is the intention of the City Commission of the City of
5 Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part of
6 the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance may be
7 renumbered or relettered and the word "ordinance" may be changed to "section," "article," or such
8 other appropriate word or phrase in order to accomplish such intentions.
9 [REMAINDER OF PAGE INTENTIONALLY BLANK]
Page 10 of 11
. . I
1 Section 5. Effective Date. This Ordinance shall become effective upon adoption by the
2 City Commission.
3 FIRST READING this ~A/I) day of L1 .' , ,2008.
. C c /Jf ,!:J Cf
4 SECOND, FINAL READING AND PASSAGE this A day of Ueee.m be.{, 2008.
5
6
7 CITY OF BOYNTON BEACH, FLORIDA
8 RY:ik
9
10
11
12
13
14
15
16
17
18
19
20
21
22 Commissioner - Marlene Ross
23 ATTEST:
24
25
26
27
28
29
Page 11 of 11