LTC 244-2013 Red Light Camera Photo Enforcement Program Statusi
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OFFICE OF THE CITY MANAGER
NO. LTC # 244-2 013 LE T FJRLTIQ q, A�l ISSION
CITY W
TO: Mayor Matti Herrera Bower and Mem ers of the Ci y Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 16, 2013
SUBJECT: City of Miami Beach Red Light Camera Photo Enforcement Program Status
The purpose of this Letter to Commission (LTC) is to provide information regarding the City of
Miami Beach Red Light Camera Program, and the recent changes to Florida State law
governing red light camera photo enforcement.
The City of Miami Beach Red Light Camera Program has been operational since April 15, 2010,
with an original scope of ten cameras at nine intersections, which were fully operational by
October 2010. The cameras are located from 17th Street in the South to 71 Street and Indian
Creek in the North. The cameras have averaged from a high of 5.77 violations per day at Alton
Road and Chase (Northbound), to a low of less than one violation per day at 41 Street and
Prairie Avenue (Northbound). The City's Vendor, upon approval by the City, issues violations
and/or Uniform Traffic Citations that have resulted in $200,153.28 in net income since inception,
excluding the $42,478.39 annual salary of the Traffic Control Infraction Enforcement Review
Officer. The crash rate at those intersections with red light cameras has significantly decreased
from 59 crashes in fiscal year 2009/2010 to 23 crashers in 2011/2012, and the data does
indicate that motor vehicle crashes continue to trend down in the current fiscal year.
Background
Initially, the City of Miami Beach enacted Ordinance No. 2008, which created Article XI entitled
"Dangerous Intersection Safety" of Chapter 106 of the Miami Beach Code, entitled "Traffic and
Vehicles." The purpose of the Article was to authorize the use of unmanned
cameras/monitoring systems to promote compliance with red light signal directives as
proscribed within the Article, and to adopt a civil enforcement system for red light signal
violations. The Article was a further mechanism for supplementing law enforcement personnel in
the enforcement of red light signal violations, and such enforcement did not prohibit law
enforcement officers from issuing a uniform traffic citation.("UTC") for a red light signal violation
in accordance with statutory traffic enforcement techniques.
The Article authorized the City to utilize image capture technologies as a supplemental means
of monitoring compliance with laws related to traffic control signals, while assisting law
enforcement personnel in the enforcement of such laws. The utilization of this technology by
the City was designed to protect and improve public health, safety and welfare, by reducing the
number of motor vehicle crashes at specific, identifiable intersections. The article did not
supersede, infringe, curtail or impinge upon those state laws related to red light signal violations
or conflict with such laws. The Article was viewed as an ancillary deterrent to traffic control
signal violations to reduce crashes and injuries associated with such violations. The Notices for
these violations were deemed a code violation, and were enforced using the City's special
masters, which did not require the issuance of UTC's or the utilization of Miami-Dade's Traffic
Hearing Officers.
The Dangerous Intersection Safety Article was in only existence for a brief period of time within
the City, and did not consume City resources during the brief period that violations were being
issued pursuant to the Article. The Florida Legislature enacted the Mark Wandall Traffic Safety
Act ("Act") and the Mark Wandall Traffic Safety Program (the "Program"), in Chapter 316 of the
Florida Statutes, which became effective July 1, 2010. The Program set forth specific legal
requirements for local governments to employ in order to continue their use of cameras for the
enforcement of red light violations pursuant to Sections 316.074(1) and 316.075(1)(c)1 of the
Florida Statutes. However, the Program rendered the City's Ordinance regulating red light
camera unenforceable, and drastically modified those monetary fines to be imposed for these
offenses. The Program mandated that an individual would be required to pay the monetary fine
of$158.00, but a portion of that monetary fine ($75.00) would be remitted to the City. The State
of Florida would receive the remainder of the monetary fine ($83.00). The modification of the
monetary fine resulted in an immediate decrease of revenue by $50.00 per each Notice issued
by the City under the new cost sharing provision of the Program. To further complicate this
matter, the Program established statutory criteria for the enforcement of right turn on red
violations, which incorporated a "careful and prudent" standard that was to be applied prior to
the issuance of a violation by the City. This standard made it difficult to cite those owners of
motor vehicles whom improperly made right-hand turns, thereby significantly impacting revenue
for these types of violations.
Update— Newly Enacted Red Light Camera Legislation
On June 12, 2013, Governor Rick Scott signed legislation that implemented amendments to the
Program, which amendments become effective on July 1, 2013. These amendments drastically
altered the procedural process for appealing those violations issued under the Program, and
mandated that such appeals shall be the responsibility (both financial and procedural) of the
individual municipalities and counties. Specifically, a vehicle owner would have the right to
request an appeal of the Notice that was issued by the City for a violation committed under the
Program, which appeal would have to be handled directly by the City's special masters. The
Legislature added §316.003 to the definition section within Chapter 316, which definition sets
forth the authority for a Local Hearing Officer (City's Special Masters) to conduct such hearings
related to red light camera violations issued pursuant to Section 316.0083 of the Florida
Statutes. In that regard, the City would be required to use its special masters to conduct these
appeal hearings in order to comply with the Program amendments, and the City has the
authority to impose payment of its costs surrounding the appeal, which must not exceed $250.
The intent of the program is to reduce the number of motor vehicle accidents at those traffic
signal intersections with significant crash rates by the placement of photo enforcement cameras.
The statistical data does indicate that the red light cameras have positively affected the crash
rate for those intersections. The projected revenue surrounding the Program never materialized
for the City. The expectation of greater revenue was centralized upon the perceived projection
of four to eight violations issued per individual camera on a daily occurrence, which from the
inception of the Program, did not meet those expectations.
In preparation for the impending legislation, representatives of MBPD, the Legal Department,
City Clerk's Office and Xerox State and Local Solutions, Inc. (City's Vendor) coordinated the
City's implementation of the amendments to the Program. The City has the authority to utilize
the existing Special Master System to conduct these hearings pursuant to Chapter 30 of the
Miami Beach City Code, and has adopted the Act and Program within Section 106-480 of the
Miami Beach City Code. The City would be required to make certain amendments to Section
106-408 in order to crystalize the appeal process, provided the Mayor and City Commission
desire to continue the contractual relationship with the City's Vendor.
It is anticipated that approximately 30 percent of the violations will be contested and may
warrant the need for an additional dedicated Special Master to conduct the local hearings. The
addition of another Special Master and a full-time Clerk to manage the calendar and
administrative support will ensure other code enforcement issues will not be compromised. The
costs associated with the additional Special Master and Clerk should be offset by the
assessment of authorized municipal costs.
The decline in revenue from the inception of the program is linked to several changes to the
ordinances and laws regulating red light camera enforcement. In December of 2009, the City of
Miami Beach enacted an ordinance which authorized the Miami Beach Police Department
(MBPD) to enforce red light camera violations with a fine of $125 per violation, with a provision
for appeal before the Special Master and additional fees for late fines. During this period, the
City of Miami Beach realized the most revenue per Notice of Violations.
There is currently a proposal by representatives of Xerox State and Local Solutions, Inc. to
move two of the red light cameras from locations where there are very few violations to
locations where red light violations are occurring more frequently. This proposal would be at no
cost to the City of Miami Beach, but would require extending the current contract that expires in
May of 2015 by 4 years. The movement of the cameras to the new locations at 41 Street and
Alton Road (Westbound) and Dade Boulevard and Alton Road (Southbound) is anticipated to
result in significant more violations based on a recent validation study of the intersections.
Since it appears that the red light camera program has reduced crashes, then the next priority is
revenue to keep the program financially viable. In terms of increasing revenue, the potential is
greater now with the change in the criteria for enforcing right turn on red violations and the
movement of cameras. If the City Commission wishes to continue to support the Red Light
Camera Photo Enforcement program, this will require the addition of a Special Master dedicated
to hearing red light camera violations and a Clerk for administrative support. Concerning the
current contract with the Xerox Local and State Solutions, Inca City Administration will continue
to monitor the terms and evaluate the need to move cameras.
JLM/RAM/MNO/MG