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					                                    ORDINANCE NO. 1484

       AN ORDINANCE OF THE CITY OF OVIEDO, FLORIDA RELATING TO
       TRAFFIC LIGHT SAFETY; PROVIDING FOR LEGISLATIVE
       FINDINGS,   INTENT   AND    PURPOSES;  PROVIDING   FOR
       DEFINITIONS;   ESTABLISHING   A   RED   LIGHT   CAMERA
       ENFORCEMENT PROGRAM WITHIN THE CITY LIMITS;
       AUTHORIZING THE CITY TO PERMIT AND IMPLEMENT THE USE
       OF UNMANNED CAMERAS/MONITORING DEVICES FOR RED
       LIGHT INFRACTIONS/RED ZONE INFRACTIONS; PROVIDING FOR
       ENFORCEMENT PROCESSES AND PROCEDURES INCLUDING SUCH
       MATTERS AS NOTICE, A WARNING PERIOD, APPEAL HEARINGS,
       PENALTIES, IMPOSITION OF ADMINISTRATIVE CHARGES AND
       COLLECTION; PROVIDING FOR EXCEPTIONS; PROVIDING FOR
       DIRECTIONS RELATIVE TO IMPLEMENTATION; PROVIDING FOR
       PENALTIES; PROVIDING FOR CODIFICATION, CONFLICTS,
       SEVERABILITY AND AN EFFECTIVE DATE.

       WHEREAS, the City of Oviedo is located in a high density traffic area and regularly
experiences traffic incidents related to the failure of motorists to obey duly erected traffic control
devices, exposing its citizens to the dangers of personal injury and property damage; and

        WHEREAS, the City Council of the City of Oviedo is concerned with the inability to
sufficiently enforce the State statutes prohibiting the running of red lights, due mainly to the
requirement that enforcement of the State law requires the personal observation of law
enforcement/police officers, affecting the ability to effectively reduce the significant dangers
presented to motorists and pedestrians by the failure of motor vehicles to stop for a red light; and

        WHEREAS, the City Council of the City of Oviedo desires to maximize its law
enforcement resources to ensure that police officers are able to be utilized for the most essential
crime fighting purposes on an ongoing basis based upon the needs of law enforcement to respond
to the requirements of the community in terms of maintaining public safety and good order
within the community; and

        WHEREAS, the City Council of the City of Oviedo desires to utilize limited
public/fiscal resources in order to maintain public safety and good order within the community;
and

        WHEREAS, the use of unmanned cameras to enforce toll violations on the State’s
system of toll roads has been determined to be fair, reasonable and sufficient by the State in
order to effectively enforce laws regulating the payment of tolls without the need to commit the
extreme amount of personnel that would be necessary without the use of unmanned cameras; and

        WHEREAS, similarly, the use of unmanned cameras will be effective in enforcing laws
requiring drivers of motor vehicles to stop for red lights and will have the effect of freeing law
enforcement personnel to respond to other, and sometimes more significant, incidents as well as
serious crime; and

       WHEREAS, also, the use of unmanned cameras will protect law enforcement
personnel who tend to be in precarious situations that are inherently dangerous when they
engage in traffic enforcement activities within busy highways; and

        WHEREAS, local governments in different parts of the State and Nation have
demonstrated the enhancement of vehicular and pedestrian traffic safety attributable to the
integration of automated image capture technologies with traditional traffic law enforcement
methodology, strategies and tactics; and

        WHEREAS, Section 316.008, Florida Statutes, grants municipalities, with respect to
streets and highways under their jurisdiction and within the reasonable exercise of the police
power, the authority to regulate and monitor traffic by means of law enforcement officers and
security devices; and

       WHEREAS, the City of Oviedo is vested with home rule authority pursuant to Article
VII, Section 2 of the Constitution of the State of Florida and Chapter 166, Florida Statutes, to
enact an ordinance making the failure to stop for a red light indication a code violation, and to
provide for enforcement of such violations; and

        WHEREAS, Opinion 05-41 of the Attorney General of the State of Florida, dated July
12, 2005, issued to Samuel S. Goren, City Attorney for the City of Pembroke Pines, confirms the
authority of the City to enact an ordinance making the failure to stop at a red light indication a
code violation, to use unmanned cameras to monitor intersections in the City for such code
violations, and to record the license tag numbers of motor vehicles involved in such violations;
and

       WHEREAS, the Attorney General has opined that cities may not issue traffic citations
under the State law to drivers for violations observed by the use of unmanned cameras and not
otherwise observed by law enforcement officers; and

        WHEREAS, in order to be consistent with State law and the referenced Attorney
General Opinion, the City will issue the uniform traffic citation prescribed by Chapter 316,
Florida Statutes, and will not prosecute offenses of this Ordinance through the County Court,
but, rather, through the City’s code enforcement program, procedures and processes as
established in this Ordinance; and

        WHEREAS, the City Council of the City of Oviedo finds it to be fair and reasonable to
use relatively the same procedure used by the State to enforce toll violations through unmanned
cameras, and to provide alleged violators with the opportunity to have a hearing within the City
using pertinent and appropriate City-adopted code enforcement procedures, programs, and
processes; and



                                      Ordinance No. 1484
                                            Page 2
        WHEREAS, the City of Oviedo has patiently awaited legislative action by the Florida
Legislature relating to the use of red light camera technology, but the Legislature has failed to
act; and

        WHEREAS, the City Council of the City of Oviedo finds that it is not prudent to
further wait for actions of the Florida Legislature as the actions resulting from the enactment of
this Ordinance could save lives and substantially reduce dangerous circumstances and conditions
faced by the travelling public; and

        WHEREAS, the City Council of the City of Oviedo is aware of the issues arising with
regard to and the actions taken by other local governments throughout the State with regard to
the use of red light camera technology; and

        WHEREAS, the City Council of the City of Oviedo finds that implementation of the
enforcement program as set forth in this Ordinance will promote, protect and improve the health,
safety and welfare of its citizens, consistent with the authority of and limitations on the City
pursuant to the Constitution of the State of Florida and the Florida Statutes.

     NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE
CITY OF OVIEDO, FLORIDA, AS FOLLOWS:

       SECTION 1. LEGISLATIVE FINDINGS, INTENT AND PURPOSES.

       (a)      The foregoing recitals (whereas clauses) are hereby adopted as the legislative
findings of the City Council of the City of Oviedo as well as the City staff report and City
Council agenda memorandum relating to this matter as if fully set forth herein.

        (b)     The purpose of this Ordinance is to authorize the use of an unmanned
cameras/monitoring system to promote compliance with red light signal directives as set forth in
this Ordinance, and to adopt a civil enforcement system for red light signal violations/infractions.
This Ordinance will supplement law enforcement personnel in the enforcement of red light
signal violations/infraction and shall not prohibit law enforcement officers from issuing a citation
for red light signal violations/infractions in accordance with normal statutory traffic enforcement
techniques and operations.

       (c)    The City of Oviedo recognizes that, at present, two (2) companion bills are
pending before the Florida Legislature, sponsored by Sen. Mike Bennett (R-Bradenton) and
House Speaker Pro Tempore Ron Reagan (R-Bradenton) together with the House Roads, Bridges
& Ports Policy Committee, which would give the State the power to regulate the red light camera
enforcement programs. The legislation is commonly known as the “Mark Wandall Traffic
Safety Act”. Mark Wandall was a thirty (30) year old insurance agent when he was killed in an



                                       Ordinance No. 1484
                                             Page 3
auto accident less than a mile from his Bradenton, Florida home. He was the passenger in a car
that was broadsided by a driver who ran a red light. He died less than a week after celebrating his
first wedding anniversary and just nineteen (19) days before the birth of his daughter. His wife,
Melissa, has encouraged the enactment of legislation since her husband’s death. The findings and
intent relative to that legislation are hereby incorporated into this Ordinance as support for the
enactment of red light camera enforcement programs for the protection of the public health,
safety and welfare.

        (d)    The City of Oviedo has complied with all requirements and procedures of Florida
law in processing and advertising this Ordinance.

SECTION 2. POLICY AND AUTHORIZATION OF THE USE OF IMAGE CAPTURE
TECHNOLOGIES. The City shall utilize image capture technologies as a supplemental means
of monitoring compliance with the State laws related to traffic control signals, while assisting
law enforcement personnel in the enforcement of such laws, which are designed to protect and
improve the public health, safety and welfare. This Ordinance shall not supersede, infringe,
curtail or impinge upon State laws related to red light signal violations/infractions or conflict
with such laws. The City shall utilize image capture technologies as an ancillary deterrent to
traffic control and traffic signal violations/infractions and to thereby reduce accidents and
injuries associated with such violations/infractions as well as the potential loss of life. Nothing
herein shall conflict with the primary jurisdiction of the City to install and maintain traffic signal
devices. This section shall serve to enable the City to provide enhanced enforcement and respect
for authorized traffic signal devices. The City may utilize image capture technologies as an
ancillary deterrent to traffic control signal violations/infractions and to thereby reduce accidents
and injuries associated with such violations/infractions. Notices of red zone infractions issued
pursuant to this




                                        Ordinance No. 1484
                                              Page 4
        Ordinance shall be addressed using the City’s code enforcement processes using special
magistrates (hearing officers) as set forth in this Ordinance and not uniform traffic citations in
the County Courts or other enforcement mechanisms available. Any placement of any facility on
any property pertaining to the installation of image capture technologies and its appurtenances by
the City or its agents shall not be deemed to be development in accordance with the controlling
provisions of law defining such activity. The provisions of this Ordinance shall not bar the use of
uniform traffic citations in the County Courts when City law enforcement personnel decide, as
they determine to be appropriate based upon law enforcement practices and principles, not to
rely on this Ordinance as the enforcement mechanism for a specific violation. The City Manager,
or designee is hereby delegated the authority to select locations within the City for the traffic
control signal monitoring system/devices, and related and appurtenant systems, and may
authorize installation, operation, and maintenance of the camera/monitoring system on or
proximate to rights-of-way located within the City as determined to be appropriate after
consultation with the City Attorney and the City Chief of Police.

       SECTION 3. DEFINITIONS.

       (a)    The term hearing officer also may referred to as a special magistrate and means a
person whom the City Council authorizes to conduct appeals or other administrative who is a
member of The Florida Bar in good standing and has been determined by the City Council to
have adequate experience or knowledge in the area of the matters over which she or he will
preside and to make recommendations, determinations, decisions, or findings of facts and
conclusions of law, or any combination thereof. Hearing officers shall be selected through the
request for proposal process in a manner consistent with the City's purchasing procedures.
Hearing officers are authorized to enforce the payment of citations issued pursuant to this
Ordinance.

        (b)    The term intersection means the area embraced within the prolongation or
connection of the lateral curb line; or, if none, then the lateral boundary lines, of the roadways of
two (2) roads which join or intersect each other at, or approximately at, right angles; or the area
within which motor vehicles traveling upon different roads joining at any other angle may come
in conflict.

       (c)    The term motor vehicle shall have the meaning set forth in the definition in
Section 316.003 (21), Florida Statutes, or its successor provision.

        (d)    The term notice of red zone infraction means a citation issued for a red zone
infraction.

        (e)   The term owner means the person or entity identified by the Florida Department
of Highway Safety and Motor Vehicles, or other state motor vehicle registration office, as the
registered owner of a motor vehicle. Such term shall also mean a lessee of a motor vehicle



                                       Ordinance No. 1484
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pursuant to a lease having a term of six (6) months or more.

      (f)     The term recorded images means images recorded by a traffic control signal
monitoring system/device:

               (1)     On:
                       Two (2) or more photographs, or
                       Two (2) or more electronic images; or
                       Two (2) or more digital images, or
                       Digital or video movies; or
                       Any other medium that can display a violation/infraction; and

                (2)    Showing the rear of a motor vehicle and on at least one (1) image, clearly
identifying the license plate number of the motor vehicle.

        (g)      The term red zone infraction means a traffic offense whereby a traffic control
signal monitoring system establishes that a motor vehicle entered an intersection controlled by a
duly erected traffic control device at a time when the traffic control signal for such motor
vehicle’s direction of travel was emitting a steady red signal emitting, a flashing red light, was
inoperative or malfunctioning, or whereby a traffic control signal monitoring system established
that a motor vehicle did not come to a complete stop before allowing any part of the motor
vehicle to enter into the intersection, intersection line or crosswalk line, as applicable, at a time
when the traffic control signal for such motor vehicle’s direction of travel was emitting a steady
red signal, a flashing red light or was inoperative or malfunctioning.

        (h)     The term traffic control infraction review officer means the City Police
Department employee designated pursuant to this Ordinance to review recorded images; to issue
citations for red zone infractions based upon those images, and to enforce the payment of the
citation.

        (i)    The term traffic control signal means a device exhibiting different colored lights
or colored lighted arrows, successively, a single light at a time, or in combination, using only the
colors green, yellow, and red which indicate and apply to drivers of motor vehicles as provided
in Section 316.075, Florida Statutes.

         (j)    The term traffic control signal monitoring system/device means an electronic
system consisting of a motor vehicle sensor or multiple sensors, working in conjunction with a
traffic control signal, still cameras and video recording device, to capture and produce recorded
images of motor vehicles entering an intersection against a steady red light signal indication.

       SECTION 4. ADHERENCE TO RED LIGHT TRAFFIC CONTROL SIGNALS.




                                       Ordinance No. 1484
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        (a)     The driver of a motor vehicle facing a traffic control signal’s steady red light
indication, a flashing red light or a traffic control signal that is inoperative or malfunctioning
shall stop the motor vehicle before entering the crosswalk on the near side of an intersection or,
if none, then before entering the intersection and shall maintain the motor vehicle standing until a
green indication is shown on the traffic control signal or until after coming to a complete stop
when the traffic control signal in flashing or inoperative of malfunctioning; provided, however,
that the driver of a motor vehicle which is stopped at a clearly marked stop line, or if none, at the
point nearest the intersecting roadway where the driver has a view of approaching traffic on the
intersection roadway before entering the intersection in obedience of a steady red traffic control
signal, a flashing red light or a traffic control signal that is inoperative or malfunctioning may
make a right turn (unless such turn is otherwise prohibited by posted sign or other traffic control
device), but shall yield right-of-way to pedestrians and other traffic proceeding as directed by the
traffic control signal at the intersection. A driver of a motor vehicle which is facing a traffic
control signal’s steady red light may only make a right turn when in full compliance with the
requirements of Section 316.075 and 316.155, Florida Statutes.

         (b)     Motor vehicle traffic facing a traffic control signal that is malfunctioning
inoperable or is emitting a flashing red light shall stop at a clearly marked stop line, but, if none,
before entering the crosswalk on the near side of the intersection or, if none, then at the point
nearest to the intersecting roadway where the driver has a view of approaching traffic on the
intersecting roadway before entering the intersection and the right to proceed shall be subject to
the rules applicable after making a stop at a stop sign. In the event that only some of the traffic
control signals within an intersection are malfunctioning inoperative or emitting a flashing red
light the driver of the motor vehicle approaching the malfunctioning inoperative or flashing red
traffic control signal shall stop in the above prescribed manner.

        SECTION 5. VIOLATIONS/INFRACTIONS. A violation/infraction of this Ordinance
(a red zone infraction) shall occur when a motor vehicle does not comply with the requirements
of Section 4. It is prohibited and unlawful for the driver of a motor vehicle to fail to comply with
the requirements of Section 4. Violations/infractions shall be enforced pursuant to Section 7.

         SECTION 6. NOTICE; TRANSITIONAL PERIOD. The City Manager, or designee,
shall provide notice to the public of the City’s “Red Light Camera Safety Program” as set forth
in this Ordinance prior to commencing enforcement under the Program pursuant to this
Ordinance. The City Police Chief shall notify the City Manager in writing when the red light
camera system is operating correctly at the initial location(s) established. For the thirty (30) days
following said notification, unless the driver of a vehicle received a citation from a police officer
at the time of a red zone infraction in accordance with routine traffic enforcement techniques, the
vehicle owner shall receive a warning in the form of a courtesy notice of the violation/infraction.
Commencing thirty-one (31) days after the above referenced notification, any vehicle owner
committing a red zone infraction is subject to the enforcement provisions provided in this
Ordinance and no warning shall be given pursuant to this Section.



                                        Ordinance No. 1484
                                              Page 7
       SECTION 7. REVIEW OF RECORDED IMAGES.

        (a)     The owner observed by recorded images committing a red zone infraction, shall
be issued a notice of red zone infraction. The recorded image shall be sufficient grounds to issue
a notice of red zone infraction.

         (b)    The City shall designate a person or persons, who shall, at a minimum, meet the
qualifications set forth in Section 316.640(5) (a), Florida Statutes, or any other relevant statute,
as a traffic control infraction review officer. The traffic control infraction review officer shall
review recorded images prior to the issuance of a notice of red zone infraction to ensure accuracy
and the integrity of the recorded images. The traffic control infraction review officer shall also
verify that the traffic control monitoring system/devices that captured the recorded images was
functioning properly at the time the recorded images were captured. Once the traffic control
infraction review officer has verified the accuracy of the recorded images and functionality of the
traffic control monitoring system/devices, he or she shall complete a report, and a notice of red
zone infraction shall be sent to the owner at the address on record with the Florida Department of
Highway Safety and Motor Vehicles or any other state motor vehicle registration office.

       SECTION 8. NOTICE OF RED ZONE VIOLATION/ INFRACTION.

       (a)     The notice of red zone infraction shall include, at a minimum, the following:
               (1)    The name and address of the owner;
               (2)    The license plate number and registration number of the motor vehicle;
               (3)    The make, model, and year of the motor vehicle;
               (4)    Notice that the violation/infraction charged is pursuant to this Ordinance;
               (5)    The location of the intersection where the red zone infraction occurred;
               (6)    The date and time of the red zone infraction;
               (7)    Notice that the recorded images relating to the motor vehicle and a
                      statement that the recorded images are evidence of a red zone infraction;
               (8)    The civil penalty imposed;
               (9)    Images depicting the red zone infraction and information that identifies the
                      device that recorded the violation/infraction;
               (10) The procedures for payment of the civil penalty and contesting the notice
                      of red zone infraction;
               (11) A signed statement by the traffic control infraction review officer that,
                      based on his/her inspection of the recorded images, that he/she has found
                      reasonable and probable grounds to believe that the vehicle was involved
                      in and was utilized to commit a red zone infraction pursuant to this
                      Section and that he/she can identify the license tag number of the violating
                      vehicle;
               (12) Information advising the person alleged to be liable under this Section of



                                       Ordinance No. 1484
                                             Page 8
                       the manner and time in which liability, as alleged in the notice of red zone
                       infraction, may be appealed and warning that failure to pay the civil
                       penalty or to contest liability in a timely manner is an admission of
                       liability.
               (13)    A conspicuous statement, printed on larger font than the remaining
                       statements on the notice of infraction violation/infraction, and bolded,
                       stating that if the owner of the vehicle fails to pay the civil fee fine within
                       the time allotted, or fails to timely appeal the infraction notice of
                       violation/infraction, the owner shall be deemed to have waived his/her
                       right to contest the infraction notice of violation/infraction; has admitted to
                       the infraction in the notice of infraction/violation; and a default may be
                       entered thereon.

        (b)    The City Manager, in conjunction with the City Police Chief and City Attorney,
shall have authority to promulgate the form described herein.

        (c)   Notices under this Section shall be sent by first-class mail addressed to the
registered owner of the motor vehicle.

       SECTION 9. OWNER RESPONSIBILITIES.

       (a)     An owner receiving a notice of red zone infraction may, within twenty-one (21)
days of the date of the notice of red zone infraction:

               (1)     Pay the assessed civil penalty pursuant to instructions on the notice of red
                       zone infraction; or
               (2)     Request an appeal pursuant to Section 10.

        (b)    The failure to comply with the provisions of this Section within twenty-one (21)
days from the date of the notice of red zone infraction shall constitute a waiver of the right to
contest the notice of red zone infraction and will be considered a conclusive and non-rebuttable
admission of liability.

       SECTION 10. APPEAL TO HEARING OFFICER.

       (a)     The City’s hearing officer shall consider appeals under this Ordinance within
twenty one (21) days of the date of the notice of red zone infraction. The owner may file an
appeal with the City pursuant to the directions set forth in the notice of red zone infraction. A
hearing on the appeal shall be scheduled upon timely submission of the appeal.

        (b)    Upon receipt of the appeal, the City shall schedule a hearing before a hearing
officer to occur not later than sixty (60) days after City’s receipt of the appeal request. A notice



                                       Ordinance No. 1484
                                             Page 9
of hearing shall be provided to the owner no less than ten (10) days prior to the hearing, and shall
be delivered by means of certified U.S. mail to the same address to which the notice of red zone
infraction was sent.

       (c)     The following shall be grounds for relief upon the filing of an appeal:

               (1)     At the time of the red zone infraction, the motor vehicle was not under the
                       care, custody, or control of the owner or an individual with owner’s
                       consent, established pursuant to affidavit as provided in Section 11.
               (2)     The motor vehicle driver was issued a citation by a law enforcement
                       officer, which was separate and distinct from the citation issued under this
                       Section, for violating the steady red traffic control signal;
               (3)     The motor vehicle driver was required to violate the steady red traffic
                       control signal in order to comply with other governing laws;
               (4)     The motor vehicle driver was required to violate the steady red, flashing,
                       malfunctioning or inoperable red traffic control signal in order to
                       reasonably protect the property or person of another or was authorized to
                       do so under the provisions of controlling State law;
               (5)     The steady red, flashing, malfunctioning or inoperable traffic control
                       signal was inoperable or malfunctioning and the motor vehicle driver
                       otherwise complied with the requirements of this Ordinance; or
               (6).    Any other reason the hearing officer deems appropriate, based upon clear
                       and convincing evidence, relating to whether the owner could have
                       reasonably avoided committing the red zone infraction.

      (d)     The traffic control infraction review officer shall testify at the appeal hearing.
The owner, or his or her representative, may also present testimony and evidence.

        (e)    A certificate sworn to or affirmed by a person authorized under this Section who
is employed by or under contract with the City, or a facsimile thereof, that is based upon
inspection of recorded images, as defined herein, is prima facie evidence of the facts contained
in the certificate. The recorded images must be available for inspection in the proceeding.
Recorded images indicating a red zone infraction, verified by the traffic control infraction review
officer, are admissible in any proceeding before the hearing officer to enforce the provisions of
this Ordinance, and shall constitute prima facie evidence of the violation/infraction.

        (f)     Unless an affidavit is provided pursuant to Section 11, it is presumed the person
registered as the owner with the Florida Department of Highway Safety and Motor Vehicles or
any other State motor vehicle registration office, or an individual having the owner’s consent,
was operating the motor vehicle at the time of a red zone infraction.

       (g)     At the conclusion of the appeal hearing, the hearing officer shall issue a written



                                       Ordinance No. 1484
                                            Page 10
decision either granting or denying the appeal.

       SECTION 11. OWNER AFFIDAVIT OF NON-RESPONSIBILITY.

        (a)     The registered owner of the motor vehicle involved in a violation/infraction is
responsible and liable for payment of the fine assessed pursuant to this Section unless the owner
establishes that the motor vehicle, at the time of the red zone infraction:

               (1)    Was in the care, custody, or control of another person without the consent
                      of the registered owners; or
               (2)    Was stolen; or
               (3)    Was subject to a short term (less than six (6) months) car rental agreement
                      entered into between a car rental agency, which is licensed as required by
                      applicable law and is authorized to conduct business in the State of
                      Florida, and the operator of the vehicle;
               (4)    Was passing through the intersection in order to yield right-of way to an
                      emergency vehicle or was part of a funeral procession; or
               (5)    Was passing through the intersection at the direction of a law enforcement
                      officer; or
               (6)    Was passing through the intersection against a steady red, flashing,
                      malfunctioning or inoperable red traffic control signal due to a
                      documented medical emergency; or
               (7)    Was cited previously for the alleged violation of Section 316.075(1) (c),
                      Florida Statutes, through the issuance of a uniform traffic citation; or
               (8)    Was not a motor vehicle that was owned by the owner.

       (b)     In order to establish any of the circumstances outlined above, the motor vehicle
owner is required, within twenty-one (21) days from the date listed on the notice, to furnish to
the City, an executed affidavit, and appropriate documentation, setting forth the circumstances
demonstrating that the motor vehicle, at the time of the red zone infraction:

               (1)    Was In the care, custody, or control of another person without the consent
                      of the registered owners; or
               (2)    Was stolen; or
               (3)    Was subject to a short term (less than six (6) months) car rental agreement
                      entered into between a car rental agency, which is licensed as required by
                      applicable law and is authorized to conduct business in the State of
                      Florida, and the operator of the vehicle; or
               (4)    Was passing through the intersection in order to yield right-of way to an
                      emergency vehicle or was part of a funeral procession; or
               (5)    Was passing through the intersection at the direction of a law enforcement
                      officer; or



                                       Ordinance No. 1484
                                            Page 11
               (6)     Was passing through the intersection against a red light due to a medical
                       emergency; or
               (7)     Was cited previously for the alleged violation of Section 316.075(1) (c),
                       Florida Statutes, through the issuance of a uniform traffic citation; or
               (8)     Was not a motor vehicle that was owned by the owner.

       (c)     The following language immediately above the signature line in any affidavit
submitted pursuant to this Ordinance: “Under penalties of perjury, I declare that I have read the
foregoing affidavit and that the facts stated in it are true.”

       (d)    The owner may present an affidavit pursuant to this Section, as a defense in the
proceeding before the hearing officer relating to the alleged red zone infraction.

       (e)      Upon timely receipt of a sufficient affidavit pursuant to this Section, any
prosecution of the notice issued to the vehicle owner shall be terminated absent competent
substantial evidence that the affidavit is false. Proceedings may be then commenced by the City
against the responsible person identified in the affidavit, and in such event, the responsible
person shall be subject to the same process and procedures that are applicable to vehicle owners.

       SECTION 12. PENALTIES.

      (a)     A violation (infraction) of this Ordinance shall be deemed a non-criminal, non-
moving violation/infraction for which a civil penalty in the amount of $150.00 shall be assessed.

       (b)      As the red zone infraction relates to this Ordinance and not the Florida Statutes,
or any violation thereof, and no points as provided in Section 322.27, Florida Statutes, shall be
recorded on the driving record of the motor vehicle owner or responsible party and the City shall
take no action in that regard.

        SECTION 13. ADMINISTRATIVE CHARGES. In addition to the penalty
assessment imposed pursuant to Section 12, administrative charges, as may be allowed by law, in
the amount of the City’s actual costs shall be assessed in the event of an unsuccessful appeal and
the City’s taking action in the event it institutes collection procedures. The Order relating to such
charges shall be entered by a hearing officer upon submission of supporting documentation by
the City.

       SECTION 14. COLLECTION OF PENALTIES AND CHARGES.                                  The City
Manager may establish procedures and processes for the collection of any penalty or charge
imposed or assessed under the provisions of this Ordinance and the City Attorney may seek
enforcement and collection of such penalties and charges by civil action in the nature of debt.

       SECTION 15. EXCEPTIONS.



                                       Ordinance No. 1484
                                            Page 12
        (a)     This Ordinance shall not apply to red zone infractions involving motor vehicle
collisions or to any authorized emergency vehicle responding to a bona fide emergency.

        (b)     A notice of red zone infraction may not be issued in any case where the operator
of the motor vehicle was issued a citation for violating State law regarding the failure to stop at a
red light indication.

       SECTION 16. SIGNAGE. The City shall, to the extent practicable, at the primary
motor vehicle entry points to the City, or at other locations determined by the City Manager, or
designee, cause to be erected and maintained signs providing notice that a traffic control signal
monitoring system may be in use within the City.

        SECTION 17. IMPLEMENTING ADMINISTRATIVE ACTIONS.                          The City
Manager is hereby authorized and directed to implement the provisions of this Ordinance by
means of such administrative actions as may be deemed appropriate and necessary to include,
but not be limited to, the adoption of administrative rules.

      SECTION 18. CONFLICTS. All ordinances or parts of ordinances in conflict with this
Ordinance are hereby repealed.

       SECTION 19. SEVERABILITY. If any section, sentence, phrase, word, or portion of
this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall
not be held to invalidate or impair the validity, force or effect of any other section, sentence,
phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.

       SECTION 20. CODIFICATION. The provisions of this Ordinance shall become and
be made a part of the Code of Ordinances of the City of Oviedo, Florida and the Sections of this
Ordinance may be renumbered or relettered to accomplish such intention and the word
“Ordinance”, or similar words, may be changed to “Section,” “Article”, or other appropriate
word; provided, however, that Sections 18, 19, 20, and 21 shall not be codified.

      SECTION 21. EFFECTIVE DATE.                      This Ordinance shall become effective
immediately upon enactment.

       FIRST READING:                         _____________________________________

       SECOND READING:                        _____________________________________

       PASSED AND ADOPTED THIS ____________day of __________________ A.D., 2010.




                                       Ordinance No. 1484
                                            Page 13
                                            ____________________________________
                                            MARY LOU ANDREWS
                                            MAYOR of the City of Oviedo, Florida
ATTEST:

_____________________________
Barbara J. Barbour
City Clerk




                                Ordinance No. 1484
                                     Page 14

				
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