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Public Hearing on the Red Light Camera Ordinance

Public Hearing on the Red Light Camera Ordinance. Board of County Commissioners. Presented by Dana Crosby, Assistant County Attorney July 13, 2010. Presentation Outline. Overview Proposed Ordinance Revisions Public Hearing Requested Board Action. Presentation Outline. Overview

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Public Hearing on the Red Light Camera Ordinance

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  1. Public Hearing on theRed Light Camera Ordinance Board of County Commissioners Presented by Dana Crosby, Assistant County Attorney July 13, 2010

  2. Presentation Outline • Overview • Proposed Ordinance Revisions • Public Hearing • Requested Board Action

  3. Presentation Outline • Overview • Proposed Ordinance Revisions • Public Hearing • Board Action

  4. Overview Review of BCC Activity in 2010 January 2010 – Invitation for Bid (IFB) award to American Traffic Solutions (ATS) April 6, 2010 -- BCC heard presentation on bids and agreed to extend bid acceptance time until August 2010 April 30, 2010 – “Mark Wandall Traffic Safety Act” presented to the Governor May 14, 2010 – Ch. 2010-80, Laws of Florida, app’d by the Governor (eff. July 1, 2010)

  5. Overview Review of BCC Activity in 2010 June 29, 2010 – Ruby Rozier, Traffic Engineering Manager, updated BCC on state law requirements and proposed a plan to move forward ▪Today BCC approved a consent item approving a contract with the vendor, ATS, for 10 cameras. ▪Staff is awaiting guidelines from FDOT before issuing another bid. (DOT will establish equipment specifications vendors must meet by July 1, 2011.) ▪Today the BCC will consider a new ordinance in this public hearing.

  6. Overview State Law Requirements ● State totally preempts the process ● Provides procedures for enforcement -- notice of violation and citation to the registered owner of vehicle ● Designates the penalty for violation ($158) ● Provides for distribution of funds (County retains $75 per violation)

  7. Overview State Law Requirements ●Defines vehicle owner defenses -- Yielding right-of-way to emergency vehicle -- Passed through at direction of law enforcement officer -- Vehicle in care, custody, or control of another person at time of violation -- Uniform traffic citation issued for same violation by law enforcement officer Defines FDOT and DHSMV responsibilities

  8. Presentation Outline • Overview • Proposed Ordinance Revisions • Public Hearing • Board Action

  9. Proposed Ordinance • Modifies Intent of ordinance to recognize state law • Removes Definitions entirely (they are in the law) • Authorizes the County to issue notices of violation and traffic citations to registered owners of vehicles for violations • Provides for owner defenses • Allows violator up to 30 days to pay violation notice before issuing traffic citation

  10. Proposed Ordinance • Establishes fine per violation ($158) • Provides no ticket issued for right on red if made in “careful and prudent” manner • Directs that signs be placed at locations where cameras may be in use • Sheriff must designate traffic infraction enforcement officers (will require separate MOU) • Points cannot be assessed on driver’s license for violation

  11. Proposed Ordinance • Violations may not be used to set insurance rates • Vendors may not receive commission on violations or fee based on number of violations. • Requires County submit annual report data to DHSMV beginning Oct. 1, 2012. • Directs placement of cameras at locations where County has data to support a history of red light running.

  12. Proposed Ordinance • Allows for flexibility in placement options. • Allows implementation of program in the most cost efficient manner possible, including the County and/or vendor administering the program. • Allows BCC to suspend the program by vote of the BCC if a court rules a local program illegal in Florida. • Requires the County develop and conduct a public awareness campaign 30 days prior to commencing a program. • Provides an effective date.

  13. Proposed Ordinance Three minor revisions from June 13, 2010 draft At line 391, correct scrivener’s error (changing the first word from “on” to “no”). At page 13, line 575, we struck Section 2 which repealed old ordinances. (This language is not necessary.) At page 11, line 471, after the word ‘Fund’ insert “, $3.00 to the Department of Revenue for deposit to the Brain and Spinal Cord Injury Trust Fund,”

  14. Public Hearingon theRed Light Camera Ordinance

  15. Presentation Outline • Overview • Proposed Ordinance Revisions • Public Hearing • Requested Board Action

  16. Requested Board Action Adopt ordinance with minor revisions summarized above to comply with state law.

  17. Public Hearing on theRed Light Camera Ordinance Board of County Commissioners Presented by Dana Crosby, Assistant County Attorney July 13, 2010

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