Review, Update and Options Related to Local Automated Enforcement of Red Light Violations

1. Review, Update and Options Related to Local Automated Enforcement of Red Light Violations Presented by Thomas B. Drage, Jr.County Attorney and Ruby Rozier Manager of Traffic Engineering February 17, 2009

2. Red light review Update on state and national activity Options Overview

3. Review of terms Review of recent BCC action Review of legal issues Review of Red Light Study Results (Ruby Rozier, Manager Traffic Engineering) Red Light Review

4. Review of terms Red light running ordinance is an ordinance authorizing the imposition of a fine on the owner of a motor vehicle photographed running a red light. Vendor is the company with which the local government contracts to run its red light program and/or install the equipment. Red light statute is the section of law created by House Bill 439 (filed 1-19-09) that would legislatively authorize the use of red light camera evidence for issuance of a citation to the vehicle owner. Red Light Review

5. Review of Recent BCC Action Three times the BCC included a red light running bill in Legislative priorities (2007, 2008, 2009) County Attorney advised BCC that state law preempts local government from adopting red light ordinance (June 7, 2007) BCC voted not to pursue an ordinance absent change in state law (July 10, 2007) BCC approved pilot project for camera placement and issuance of warnings (Oct. 23, 2007) Public Works provided a summary of pilot project results (Nov. 2008) Red Light Review

6. Red Light Review Review of Legal Issues • Provisions of ch. 316, FS, expressly preempt local governments from implementing red light running ordinance. • Law allows use of security devices to monitor traffic but prohibits independent use of cameras for issuing red light running citations. • State law contains express provisions for toll running violations. • Two Attorney General Opinions found preemption in using red light cameras as basis for citation (97-06 and 2005-41). • FDOT limits the use of state roads for such cameras.

7. Red Light Study results in Orange County ~~ Ruby Rozier, Manager Traffic Engineering Red Light Review

8. HIAWASSEE AND W. COLONIAL 1st Image

9. HIAWASSEE AND W. COLONIAL 2nd Image

10. Final Results (26 wks)(11,084 Photos Taken)

11. Final Results (26 wks) 3,507 Photos Rejected EMT/Police/Fire/Vehicle stopped, Other

12. Final Results (26 wks)(7,098 Letters Mailed)

13. Red light review Update on state and national activity Options Overview

14. Update on State andNational Activity Florida Cities and Counties (See Exhibit B to memorandum) Notwithstanding preemption issues, approximately 28 Florida cities and five Florida counties have enacted a red light ordinance. Even with an ordinance, there are many jurisdictions in which the program is not fully operational. As an example, there is no operational system in the five Florida counties that have adopted a red light ordinance. There are no known legal challenges to local ordinances in Florida at this time.

15. Update on State andNational Activity National Activity (See Exhibit C of Memorandum) Traffic enforcement laws differ from state to state. • Some states, like Florida, have a uniform law that preempts traffic matters to the state. • Some states do not preempt a uniform traffic control process to the state. • Some states authorize local red light camera enforcement.

16. Update on State andNational Activity Nationally, we have identified eight cases and 3 Attorney General opinions on the issue of red light cameras. Generally cases are as to preemption, constitutional challenges or both. If a challenge is raised as to preemption, the ordinance is usually struck down (except an Albuquerque, New Mexico case). If the challenge is raised as to constitutionality of a local ordinance, ordinance is generally upheld.

17. Of note: Arizona -- equal protection challenge resulted in the law being rendered unenforceable in one jurisdiction (Arrowhead). Missouri -- direct and conspiracy violations of Racketeer Influenced and Corrupt Organizations Act (RICO) and 42 USC s.1983, procedural and substantive due process. Mayor, council members, Police Chief sued individually and officially; vendor (ATS) sued. Some charges dismissed; many charges pending. Albuquerque -- class action certified; challenges are as to preemption and the quasi-judicial process established in the red light ordinance (pending). Update on State and National Activity

18. Red light review Update on state and national activity Options Overview

19. Option 1 -- adopt an ordinance that follows the 2009 Legislation Option 2 - adopt an ordinance like other cities/counties have done Option 3 - take no action at this time Options

20. Options Option 1 • BCC can adopt an ordinance to follow the procedural aspects of HB 439: • Authorize a traffic infraction officer to issue ticket for red light violations observed by cameras; • require signs to notify where a camera may be in use; • require a public awareness campaign and warning period; • establish a $150 fine to the owner of car (a portion of fine proceeds to trauma centers & public hospitals). • BCC can hear the ordinance on March 24. • County can seek and procure a vendor about 90 days following effective date of the ordinance.

21. Options Option 2 • BCC can adopt an ordinance similar to those enacted by other cities and counties in Florida: • County and vendor should escrow any fines collected; • contract should allow for termination if legislative changes occur or court determines ordinance invalid; • vendor should indemnify and hold harmless the county; • vendor should retain data in accordance with Florida’s public records laws; and • information collected should not be the basis for an increase in vehicle insurance rates. • BCC can hear the ordinance on March 24. • County can seek and procure a vendor about 90 days following effective date of the ordinance.

22. Option 3 BCC take no action at this time. Options

23. BCC Action Requested County Attorney requests BCC direction on which option to pursue --

24. Review, Update and Options Related to Local Automated Enforcement of Red Light Violations Presented by Thomas B. Drage, Jr.County Attorney and Ruby Rozier Manager of Traffic Engineering February 17, 2009