13-019 1 ORDINANCE 13 -019
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2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
3 BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 14.5 OF THE
4 CODE OF ORDINANCES, ENTITLED "RED LIGHT INFRACTION
5 ENFORCEMENT PURSUANT TO STATE LAW" TO AMEND
6 SECTION 15.5 -3 ENTITLED "DEFINITIONS" TO ADD A
7 DEFINITION FOR "SPECIAL MAGISTRATE "; AMENDING
8 SECTION 15.5 -4, ENTITLED "TRAFFIC INFRACTION
9 ENFORCEMENT OFFICER" TO UPDATE LANGUAGE TO
10 CONFORM TO STATE LAW; ADDING A NEW SECTION 14.5 -5 TO
11 BE ENTITLED "APPOINTMENT OF SPECIAL MAGISTRATE" TO
12 PROVIDE FOR SPECIAL MAGISTRATE APPOINTMENT AND
13 QUALIFICATIONS; AND TO CREATE A NEW SECTION 14.5 -6, TO
14 BE ENTITLED "NOTICE OF VIOLATION HEARINGS" TO
15 AUTHORIZE THE CITY'S SPECIAL MAGISTRATE TO CONDUCT
16 HEARINGS ON RED LIGHT CAMERA NOTICES OF VIOLATION
17 PURSUANT TO STATE LAW; P ROVIDING FOR CODIFICATION;
18 PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE
19 DATE.
20
21 WHEREAS, the City of Boynton Beach ( "City ") has home rule authority pursuant to
22 Article VII, Section 2 of the Florida Constitution and Chapter 166, Florida Statutes, to provide
23 for enforcement of violations of the City's Code of Ordinances and other violations of law
24 through the use of Special Magistrates; and,
25 WHEREAS, in 2008, the City Commission adopted Ordinance No. 2008 -034, which
26 authorized the use of unmanned traffic infraction detectors (red light cameras) to enforce red
27 light violations within the City; and,
28 WHEREAS, In 2010, the Florida Legislature adopted the "Mark Wandall Traffic
29 Safety Program," § 316.0083, Florida Statutes (the "State Act "), which, among other things,
30 . expressly preempted to the State the subject matter of using unmanned cameras /monitoring
31 devices, referred to as traffic infraction detectors, in the State Act and defined therein, to
32 enforce violations of red light indications on traffic control devices as of July 1, 2010; and,
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1 1 WHEREAS, on July 20, 2010, the City Commission adopted Ordinance 2010 -015, to
2 conform the City's Code of Ordinances to the State Law; and,
3 WHEREAS, during the 2013 Legislative Session, the Florida Legislature passed
4 legislation, Chapter 2013 -160, Laws of Florida, which takes effect July 1, 2013, and provides
5 for municipalities to conduct hearings for persons that receive Notices of Violation (NOV)
6 and request a hearing to contest such NOV; and,
7 WHEREAS, the City Commission of the City of Boynton Beach finds it is in the best
8 interest of the City to adopt an ordinance to authorize the local hearings on NOVs as required
9 by Chapter 2013 -160, Laws of Florida.
10 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
11 BOYNTON BEACH, FLORIDA:
12 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
13 as being true and correct and are hereby made a specific part of this Ordinance upon adoption
14 hereof.
15 Section 2. Chapter 14.5 of the Code of Ordinances of the City of Boynton Beach
16 shall be amended as follows:
17 Chapter 14.5: Red Light Infraction Enforcement Pursuant to State Law
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19 ...
20 § 14.5 -3 Definitions.
21 (a) Notice of violation. Initial notification from the city to the registered owner of
22 a motor vehicle involved in a violation, notifying the registered owner of the
23 violation, and containing information required by the State Act.
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24 (b) Recorded images Images recorded by a traffic infraction detector, which
25 includes but is not limited to photographic or electronic images or streaming
26 video.
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1 (c) Special Magistrate shall mean the City's Special Magistrates appointed by the
2 City Commission to conduct hearings pursuant to the State Act.
3 (c) (d) Traffic citation. Notification to the registered owner of a motor vehicle
4 involved in a violation who failed to timely pay the fine pursuant to a notice of
5 violation, and containing all information required by the State Act.
6 (d) (e) Traffic infraction enforcement officer The city Police Department employee
7 designated pursuant to Section 14.5 -4 herein, who meets the requirements of
8 the State Act and who shall review the recorded images and issue notices of
9 violation and traffic citations pursuant to the requirements of this chapter and
10 the State Act.
11 (e) (f) Violation. Violation of F.S. Sections 316.074(1) or 316.075(1)(c)1.
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13 Sec. 14.5 -4. Traffic infraction enforcement officer.
14 In addition to sworn police officers and community service officers, the city's Police Chief
15 s1I may designate traffic infraction enforcement officers, who shall meet the qualifications
16 set forth in the State Act.
17 (a) A . • - . - - -- - reviewing officer shall review the recorded images that
18 comply with the requirements of the State Act, prior to the issuance of a notice of violation
19 pursuant to the State Act. Once the . - . . - . -• - reviewing officer has
20 verified the accuracy of the recorded images he or she shall net note the violation and a notice
21 f of violation shall be sent to the registered owner of the involved vehicle pursuant to the State
22 Act no later than-3-9 60 days after the violation. The notice of violation shall be sent by first -
23 class mail or as specified in the State Act.
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25 (b) The State Act provides that in the event of non - payment of the notice of violation,
26 the city shall issue a uniform traffic citation to the vehicle owner. In the event of non - payment
27 of the notice of violation within 3-0 60 days of notification, the recorded images will be
28 reviewed again by a traffic infraction enforcement reviewing officer, who will take all
29 necessary action required by the State Act to send a traffic citation to the registered owner of
30 the involved vehicle pursuant to the State Act • . . - ..• . ! . - - - .. . • . The
31 traffic citation shall be sent by certified mail or as specified in the State Act.
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II
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1 § 14.5 -5 Appointment of Special Magistrate.
2
3 (a) The City Commission shall appoint at least one (1) Special Magistrate to
4 consider appeals under this Chapter.
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6 (b) The qualifications and appointment of the special magistrate shall be as
7 follows:
8
9 (1) The special magistrate shall be appointed by the City Commission and
10 shall serve with compensation as established by the City Commission by
11 resolution.
12
13 (2) The special magistrate must be both an attorney and a member of the
14 Florida Bar for a minimum of five years.
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16 (3) The special magistrate will be bound by the code of ethics of the Florida
17 Bar as currently proscribed or as amended from time to time.
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19 Lc) Rules and regulations, consistent with the provisions of Florida law, necessary
20 to carry out the provisions of this chapter may be adopted by resolution of the
21 City Commission.
22
23 ; §14.5 -6 Notice of Violation Hearings
24
25 ! Upon the effective date of state law authorizing Notice of Violation Hearings
26 j to be conducted by the City, the City authorizes its Special Magistrates, as may
27 be appointed from time to time by the City Commission, to serve as the City's
28 Local Hearing Officer, as defined by §316.003(91), Florida Statutes, as
29 amended from time to time. The Local Hearing Officer shall conduct hearings
30 in accordance with the requirements of § Florida Statutes, as
31 amended from time to time. Administrative Costs shall be assessed in those
32 cases in which the violation is upheld, in an amount to be established by
33 Resolution of the City Commission.
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35 Section 3. The City Administration, including without limitation the City
36 Manager, the Finance Department, the Police Department, Code Enforcement, and the City
37 Attorney, are authorized to take all steps necessary to implement the Notice of Violation
38 hearings required by state law.
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1 I Section 4. Severability. If any section, sentence, clause, or phrase of this Ordinance
2 is held to be invalid or unconstitutional by any court of competent jurisdiction, then said
3 holding shall in no way affect the validity of the remaining portions of this Ordinance.
4 Section 5. Inclusion in Code. It is the intention of the City Commission of the City
5 of Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a
6 part of the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance
7 may be renumbered or relettered and the word "ordinance" may be changed to "section,"
8 "article," or such other appropriate word or phrase in order to accomplish such intentions.
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1 Section 6. Effective Date. This Ordinance shall become effective on July 1, 2013 or
2 the date of second reading set forth below, whichever is later; provided that should HB 7125
3 be vetoed by the Governor, this ordinance shall not take effect.
4 FIRST READING this 't day of J Ltn. , 2013.
5 SECOND, FINAL READING AND PASSAGE this /'3 day of Jan <. ,
6 2013.
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9 CITY OF BOYNTON BEACH, FLORIDA
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■ :yor — Je y a arr
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17 ice Mayor — row L. Hay
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21 Commi sioner — David T. Merker
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25 Col missioner — Mica ael M. itzpatrick
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29 Co missioner — Joe Casello
30 ATTEST:
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34 Jane M. Prainito, MMC
35 y C1er
36 GAT Y o�
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38 (C o .t al)
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