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1 ORDINANCE NO. 10- ~
2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
3 BOYNTON BEACH, FLORIDA, AMENDING AND RESTATING
4 CHAPTER 14.5 OF THE CODE OF ORDINANCES OF THE CITY OF
5 BOYNTON BEACH, "THE BOYNTON BEACH DANGEROUS
6 INTERSECTION SAFETY ACT", IN ITS ENTIRETY; AUTHORIZING
7 THE CITY TO PERMIT AND IMPLEMENT THE USE OF TRAFFIC
8 INFRACTION DETECTORS FOR RED LIGHT INFRACTIONS
9 PURSUANT TO STATE LAW; PROVIDING FOR DEFINITIONS;
10 PROVIDING FOR TRAFFIC INFRACTION ENFORCEMENT
11 OFFICERS; AUTHORIZING CITY ADMINISTRATION TO TAKE ALL
12 STEPS NECESSARY TO IMPLEMENT AND OPERATE THE
13 ENFORCEMENT PROGRAM PURSUANT TO THE REQUIREMENTS
14 OF STATE LAW; PROVIDING FOR THE LOCATION OF TRAFFIC
15 INFRACTION DETECTORS WITHIN THE CITY; PROVIDING FOR
16 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
17
18 WHEREAS, the City Commission of the City of Boynton Beach adopted Ordinance No.
19 08-034, which enacted the Boynton Beach Dangerous Intersection Safety Act, the provisions of
20 which were codified in Chapter 14.5 of the City's Code of Ordinances ("Ordinance No. 08-034");
21 and,
22 WHEREAS, Ordinance 08-034 authorized the City to enforce civil infractions for
23 violations of red light indications on traffic control signals, using traffic infraction detectors;
24 WHEREAS, Ordinance 08-034 was adopted pursuant to the City's Constitutional and
25 home rule authority in Article VIII, Section 2 of the Florida Constitution and Chapter 166, Florida
26 Statutes, as well as Section 316.008, Florida Statutes, which grants municipalities, with respect to
27 streets and highways under their jurisdiction and within the reasonable exercise of police power,
28 authority to regulate and monitor traffic by means of police officers and security devices, as well
29 as other authority provided by law; and,
30 WHEREAS, on May 13,2010, Governor Charlie Crist signed the "Mark Wandall Safety
31 Program," enacted as Laws of Florida, Chapter 2010-80 (the "State Act"), which, among other
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1 things, now expressly preempts to the state the subject matter of using unmanned
2 cameras/monitoring devices, referred to as traffic infraction detectors in the State Act and defined
3 therein, to enforce violations of red light indications on traffic control devices as of July 1, 2010;
4 and
5 WHEREAS, the City Commission of the City of Boynton Beach finds that
6 implementation of the enforcement program pursuant to the State Act effective July 1, 2010, will
7 promote, protect and improve the health, safety and welfare of its citizens, consistent with the
8 authority of and limitations on the City pursuant to the Florida Constitution and Florida Statutes
9 WHEREAS, the City Commission desires to implement the enforcement program set forth
lOin the State Act.
11 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
12 CITY OF BOYNTON BEACH, THAT:
13
Section 1.
The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
14 being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof.
15
Section 2.
Chapter 14.5 of the Code of Ordinances of the City of Boynton Beach,
16 entitled Boynton Beach Dangerous Intersection Safety Act, shall be amended and restated to read
17 as follows:
18 Chapter 14.5: Red Lie:ht Infraction Enforcement Pursuant to State Law.
19
20 gI4.5-1 Intent.
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22 The purpose of this Chapter is to authorize the use of traffic infraction detectors to
23 promote compliance with red light signal directives as defined in and prescribed by Laws of
24 Florida. Chapter 2010-80 (the "State Act"). Consistent with State law. this Chapter will also
25 supplement law enforcement personnel in the enforcement of red light signal violations and shall
26 not prohibit law enforcement officers from issuing a citation for a red light signal violation in
27 accordance with other statutory traffic enforcement techniques.
28
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g 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.
~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) 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.
(d) 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.
(e) Violation. Violation of Sections 316.074(1) or 316.0750)(c)1. Florida Statutes.
~ 14.5-4 Traffic Infraction Enforcement Officer
The City's Police Chief shall designate Traffic Infraction Enforcement Officers. who shall meet
the qualifications set forth in the State Act.
(a) A Traffic Infraction Enforcement 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 Traffic Infraction Enforcement 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
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pursuant to the State Act no later than thirty (30) days after the violation. The Notice
of Violation shall be sent by first-class mail.
(b)
The State Act provides that in the event of non-payment of the Notice of Violation.
the City shall issue a Traffic Citation to the vehicle owner. In the event of non-
payment of the Notice of Violation within thirty (30) days of notification. the
Recorded Images will be reviewed again by a Traffic Infraction Enforcement 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 no later than
sixty (60) days after the Violation. The Traffic Citation shall be sent by certified
mail.
Section 3.
The City Administration, including without limitation the City Manager,
15 the Finance Department, the Police Department and the City Attorney, are authorized to take all
16 steps necessary to implement and operate the Enforcement Program to comply with the
17 requirements of the State Act.
18
Section 4.
City Administration and the Police Department shall select the locations of
19 the traffic infraction detectors within the City; provided that such locations comply with the
20 requirements of the State Act, and subject to review by the City Commission at the request of the
21 City Commission.
22 Section 5. Severability. If any section, sentence, clause, or phrase of this Ordinance is
23 held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
24 shall in no way affect the validity of the remaining portions of this Ordinance.
25 Section 6. Inclusion in Code. It is the intention of the City Commission ofthe City of
26 Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part of
27 the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance may be
28 renumbered or relettered and the word "ordinance" may be changed to "section," "article," or such
29 other appropriate word or phrase in order to accomplish such intentions.
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1 Section 7. Effective Date. This Ordinance shall become effective upon adoption by the
2 City Commission.
3 ~ ~
FIRST READING this ~ day of d' 2010.
< ..,.,..
4 SECOND, FINAL READING AND PASSAGE this ~ day of J U,/1 ,2010.
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8 CIT~ BOYNTON BEACH, FLORIDA
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