Update on the Red Light Camera Ordinance

1. Update on theRed Light Camera Ordinance Discussion item before the Board of County Commissioners Presented by Dana Crosby, Assistant County Attorney May 19, 2009

2. Presentation Outline • Overview • Proposed Ordinance Revisions • Next Steps

3. Presentation Outline • Overview • Proposed Ordinance Revisions • Next Steps

4. Overview Review of Recent BCC Action Feb. 17, 2009 – Comm. Moore Russell made a Motion to Reconsider July 10, 2007 BCC action on the issue; motion passed. Feb. 17, 2009 -- BCC directed staff to return with an ordinance tracking the requirements of HB 439, filed in the 2009 legislative session. March 24, 2009 – BCC adopted an ordinance tracking HB 439 requirements. May 1, 2009 – regular Legislative session ended without passage of the red light bill.

5. Overview Ordinance 2009-08 • Created a new Article V in Chapter 35 of the County Code (Traffic) to establish a local red light camera enforcement program consistent with the requirements of HB 439. • Stated an intent consistent with the requirements set forth in the House and Senate bills. • Created new definitions.

6. Overview Ordinance 2009-08 • Provided that failure to stop at a red light is a violation of this code the fine for which will be assessed against the owner of the vehicle. • Provides for owner defenses and exemptions consistent with the law.

7. Overview Ordinance 2009-08 • Codified process for issuance of ticket and for County processing of defense affidavits. • Provided for the County to engage a hearing officer to hear defenses or hear owner objections to the determination that the vehicle failed to stop.

8. Overview Ordinance 2009-08 • Required the Comptroller or Clerk to provide to the state a list of persons who have one or more outstanding tickets for this type of red light violation. • Provided that tag would not be renewed until ticket was paid.

9. Overview Ordinance 2009-08 Directed placement of cameras at locations where County has data to support a history of red light running. Allowed for flexibility in placement options. Directed that signs be placed at locations where traffic infraction detector may be in use. Directed County Administrator or designee to develop and conduct a public awareness campaign 30 days prior to commencing a program.

10. Overview Ordinance 2009-08 Allowed County Administrator or designee to implement this program in the most cost efficient manner possible, including the County and/or vendor administering the program. Required complaints that County used the program for a reason other than promotion of health, safety and welfare be brought to the BCC. Required complaint and corrective action be included in County’s annual report to FDOT on the program.

11. Overview Ordinance2009-08 Provided that ordinance would be interpreted in a manner so as to be consistent with other general laws of Florida (e.g. Sunshine, Public Records, Uniform Traffic Code, etc.). Provided an effective date.

12. Presentation Outline • Overview • Proposed Ordinance Revisions • Next Steps

13. Proposed Revisions • Modify Intent section of ordinance to allow violations to be administered using local code citation process. • Amend Definitions to be consistent with a local program. • Remove all references to statutory section that was not created in law this year. • Provide for issuance of a citation for local ordinance violation. • Provide for owner defenses.

14. Proposed Revisions • Provide for a hearing before a County Hearing Officer. • Provide a fine of $150. • Providing for appeal to circuit court. • Allowing County to employ ch. 162, FS (code enforcement), collection strategies for unpaid tickets.

15. Proposed Revisions Ordinance will continue to: • Direct placement of cameras at locations where County has data to support a history of red light running. • Allow for flexibility in placement options. • Direct that signs be placed at those locations where traffic infraction detector may be in use.

16. Proposed Revisions • Allow County Administrator or designee to implement this program in the most cost efficient manner possible, including the County and/or vendor administering the program. • Require the County develop and conduct a public awareness campaign 30 days prior to commencing a program. • Provide an effective date.

17. Presentation Outline • Overview • Proposed Ordinance • Next Steps

18. Next Steps County Staff is currently: • Tracking legal activity (case pending in Aventura) • Evaluating placement opportunities • Evaluating options to obtain a vendor • request for proposal (RFP) • bid • piggyback off an existing document • Drafting revisions to the ordinance

19. Vendor contract should strive to: allow for termination if legislative changes occur or court rules program illegal to enforce locally; allow County to suspend the program upon a vote of the BCC; require the vendor to retain and preserve all information gathered in accordance with Florida’s public records laws; contain a hold harmless agreement to protect the County; and provide that any money collected by the vendor and/or county be retained for a reasonable period of time in escrow. Next Steps

20. Next Steps Ordinance revisions – Ordinance revisions described today are currently being drafted. County would have to create a local code enforcement process if we move forward with revised ordinance. Such an Ordinance must be advertised but a public hearing can be held on June 23, 2009.

21. Next Steps Staff requests direction from the BCC– Authorize County staff to draft and bring back for a public hearing ordinance revisions to enable the County to engage in a supplemental local code enforcement process for red light infractions.

22. Update on theRed Light Camera Ordinance Discussion item before the Board of County Commissioners Presented by Dana Crosby, Assistant County Attorney May 19, 2009