2014-3831 Ordinance1
ORDINANCE NO. 2014-3831
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, BY AMENDING CHAPTER 106, ENTITLED
"TRAFFIC AND VEHICLES," BY AMENDING ARTICLE XI, ENTITLED
"ADOPTION OF THE MARK WANDALL TRAFFIC SAFETY ACT AND
PROGRAM," BY AMENDING SECTION 106-480, ENTITLED
"ADOPTION OF STATE ACT AND PROGRAM," THAT DELINEATES
THE STATUTORY AUTHORITY FOR USING TRAFFIC INFRACTION
DETECTORS IN THE CITY OF MIAMI BEACH; BY AMENDING
SECTIONS 106-481 THROUGH 106-484, ENTITLED "RESERVED" BY
ADDING SECTION 106-481, ENTITLED "LOCAL HEARING OFFICER,"
WHICH AUTHORIZES A LOCAL HEARING OFFICER TO CONDUCT
HEARINGS FOR A VIOLATION OF SECTION 316.0083 OF THE
FLORIDA STATUTES; BY PROVIDING THE PROCESS FOR THE
SELECTION OF A LOCAL HEARING OFFICER; BY AUTHORIZING
THE MIAMI BEACH CLERK'S OFFICE TO SERVE AS STAFF FOR
THE LOCAL HEARING OFFICER; BY LIMITING THE AUTHORITY OF
THE LOCAL HEARING OFFICER; AND SETTING FORTH PENALTIES
AND COSTS TO BE IMPOSED BY THE LOCAL HEARING OFFICER;
PROVIDING FOR CODIFICATION; SEVERABILITY; REPEALER; AND
AN EFFECTIVE DATE.
WHEREAS, Section 316.008 of the Florida Statutes grants municipalities, with respect
to streets and highways under their jurisdiction and within the reasonable exercise of their police
power, the authority to regulate and monitor traffic by means of police officers and security
devices; and
WHEREAS, the Mayor and City Commission passed and adopted Ordinance No. 2008-
3621, which created the dangerous intersection safety provisions in the City Code for the
camera enforcement of red light violations; and
WHEREAS, the Florida Legislature enacted the Mark Wandall Traffic Safety Act ("Act")
and the Mark Wandall Traffic Safety Program ("Program") in Chapter 316 of the Florida
Statutes, which set forth requirements for local governments 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; and
WHEREAS, the Florida Legislative mandated an administrative appeal process be
implemented by the City for its red light violations, which mandate the utilization of a local
hearing officer to conduct hearings; and
WHEREAS, the City Commission accepts the recommendation of the Finance and
Citywide Projects Commission Committee rendered on September 19, 2013, to amend Chapter
106, entitled "Traffic and Vehicles" by amending Article XI, entitled "Adoption of the Mark
Wandall Traffic Safety Act and Program."
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NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article XI, entitled "Adoption of the Mark Wandall Traffic Safety Act and
Program," of Chapter 106, entitled "Traffic and Vehicles," of the Code of the City of Miami
Beach, Florida is hereby amended as follows:
CHAPTER 106
TRAFFIC AND VEHICLES
Article XI. Adoption of the Mark Wandall
Traffic Safety Act and Program.
Sec. 106-480. Adoption of State Act and Program.
The Mark Wandall Traffic Safety Act, and the Mark Wandall Traffic Safety Program, as
set forth in F.S. § 316.0083, and as authorized pursuant to F.S. § 316.008g4(8)(a) and (b) , are
adopted by the City.
Sec. 106-481. Local Hearing Officer.
The City of Miami Beach authorizes a Local Hearing Officer to conduct hearings related
to a Notice of Violation issued pursuant to Section 316.0083 of the Florida Statutes:
(a) The Local Hearing Officer shall be selected by the City Manager and the City
Attorney, and shall conduct hearings relative to a Notice of Violation issued pursuant
to Section 316.0083 of the Florida Statutes and shall serve until replaced by another
Local Hearing Officer, or upon the termination of the Mark Wandall Traffic Safety Act
and Program in the City.
The City of Miami Beach Clerk's Office shall serve as the clerical staff, as designated
by the City of Miami Beach Clerk, to the Local Hearing Officer.
(c) The Local Hearing Officer shall be prohibited from hearing the merits of the Notice of
Violation or the consideration of the timeliness of a request for a hearing, if the
person who receives the Notice of Violation has failed to request a hearing within 60
days following the notification of violation.
The Local Hearing Officer must issue a final administrative order that determines
whether a violation pursuant to Section 316.0083 has occurred, and if the Notice of
Violation is upheld, the petitioner must pay the penalty of $158.00, and the Local
Hearing Officer must impose costs in the amount of$100.00.
Any party aggrieved by decision of a Local Hearing Officer may appeal that
decision to a court of competent jurisdiction.
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(e) The Local Hearing Officer shall not be authorized to alter, suspend or waive the
penalties and costs proscribed in subsection (d).
Sec. 106-482 - 106.494. Reserved.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the v?SAA day of J 4hcear y , 201y.
PASSED and ADOPTED this IS-it, day of TC4hu a r 2014.
ATTEST:
..BF
-9� AYOR
RA AEL E. GRANADO, CITY C •.:y
Underline denotes additions ORA
INCORP TED: * APPROVED AS TO
str. thFaugh denotes deletions . �h�, FORM & LANGUAGE
•'g &FOR GUTION
YT NEY T
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COMMISSION ITEM SUMMARY
Condensed Title:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA AMENDING THE CODE OF THE CITY OF MIAMI BEACH, AMENDING CHAPTER 106,
ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE XI, ENTITLED "ADOPTION OF
THE MARK WANDALL TRAFFIC SAFETY ACT AND PROGRAM," BY AMENDING SECTION 106-
480, ENTITLED "ADOPTION OF STATE ACT AND PROGRAM.
Key Intended Outcome Supported:
Increase resident ratings of public safety services and enhance mobility throughout the City.
Supporting Data (Surveys, Environmental Scan, etc.): The Red light Camera Photo
Enforcement Program has proven to reduce motor vehicle crashes at intersections with red light
cameras, with total crashes at red light camera intersections declining from 59 in Fiscal Year
2008/09 to 23 in Fiscal Year 2011/12. Further, crash data from October 2012 to June 2013
reflect a further decline in crashes with only 10 crashes over the 9 months.
Item Summary/Recommendation:
On June 12, 2013, Governor Rick Scott signed legislation that implemented amendments to the
Program, which became effective on July 1, 2013. These amendments drastically altered the
procedural process for appealing violations issued under the Program, and mandated that 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 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 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.
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.
Advisory Board Recommendation:
[-NA-
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
City Clerk's a islative Tracking:
Michael Grue larini g and Research Manager
Sign-Offs:
De partment Director Assistant City Manager City Manager
Ra
4
rtinez, Chief
Miami Beach Police Dept.
Agenda Item S B
MIAMIBEACH Date
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members the City Co mission
FROM: Jimmy L. Morales, City Manager
DATE: January 15, 2014
SECON READING PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AMENDING THE CODE OF THE CITY OF MIAMI BEACH,
AMENDING CHAPTER 106, ENTITLED "TRAFFIC AND VEHICLES," BY
AMENDING ARTICLE XI, ENTITLED "ADOPTION OF THE MARK WANDALL
TRAFFIC SAFETY ACT AND PROGRAM," BY AMENDING SECTION 106-480,
ENTITLED "ADOPTION OF STATE ACT AND PROGRAM," THAT DELINEATES
THE STATUTORY AUTHORITY FOR USING TRAFFIC INFRACTION DETECTORS
IN THE CITY OF MIAMI BEACH; BY AMENDING SECTIONS 106-481 THROUGH
106-484, ENTITLED "RESERVED" BY ADDING SECTION 106-481, ENTITLED
"LOCAL HEARING OFFICER, "WHICH AUTHORIZES A LOCAL HEARING
OFFICER TO CONDUCT HEARINGS FOR A VIOLATION OF SECTION 316.0083 OF
THE FLORIDA STATUTES; BY PROVIDING THE PROCESS FOR THE SELECTION
OF A LOCAL HEARING OFFICER, BY AUTHORIZING THE MIAMI BEACH
CLERK'S OFFICE TO SERVE AS STAFF FOR THE LOCAL HEARING OFFICER;
BY LIMITING THE AUTHORITY OF THE LOCAL HEARING OFFICER; AND
SETTING FORTH PENALTIES AND COSTS TO BE IMPOSED BY THE LOCAL
HEARING OFFICER; PROVIDING FOR CODIFICATION; SEVERABILITY;
REPEALER; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
KEY INTENDED OUTCOMES
Increase resident ratings of public safety services and enhance mobility throughout the
City.
BACKGROUND
On June 12, 2013, Governor Rick Scott signed legislation that implemented
amendments to the Program, which became effective on July 1, 2013. These
amendments drastically altered the procedural process for appealing violations issued
under the Program, and mandated that 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 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
light Officer (City's Special Masters) to conduct such hearings related to red g t ca mer
a
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.
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 crystallize 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.
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 significantly 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. It is recommended that the City Commission
continue to support the Red Light Camera Photo Enforcement program along with 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, Inc. City Administration will continue to monitor the terms and evaluate
the need to move cameras.
FISCAL IMPACT
The City of Miami Beach Red Light Camera Program has been operational since April
15, 2010, with ten cameras at nine intersections. 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 $200,153.22 in net income. The crash rate at those
intersections with red light cameras have significantly decreased from 59 crashes in
fiscal year 2009/2010 to 23 crashers in 2011/2012, and the date does indicate that motor
vehicle crashes continue to trend down in the current fiscal year. However, since
enactment of the new red light camera photo enforcement legislation in July 2013, which
requires a completed stop before making a right turn, the number of right turn violations
have increased dramatically. Although there are only two months of data available, the
average number of violations issued per day per camera in July and August has
increased to 4.48 violations per day from 1.42 in Fiscal Year 2011/2012 and 1.99 in
Fiscal Year 2012/2013 year to date.
To further stress this impact, over these two (2) months, 70% of the total number of
violations issued were for right turn violations. In addition, the total number of notices of
violation has also increased. This is not an aberration, as other police agencies in Dade
and Broward Counties are experiencing similar spikes in the total number of notices of
violations attributed to the new law governing right turns.
FINANCE AND CITYWIDE PROJECTS COMMITTEE
This matter was discussed in the Finance and Citywide Projects Committee on
September 19, 2013. Red Light Camera Photo Enforcement Program Manager, Michael
Gruen gave a presentation on status of the Program and the impact of the new red light
camera legislation. At the conclusion of the presentation by Manager Gruen, City
Manager Jimmy Morales stated if the City Commission wants to continue the program,
he can bring back some suggestions that take a look at expanding the cameras, keeping
them or removing them. Commissioner Gongora made a motion to accept the City
Manager bringing back additional information before a decision is made on addressing
the red light cameras. Commissioner Jorge Exposito seconded.
CONCLUSION
It appears with the enactment of the new State law, the City's Red Light Camera Photo
Enforcement program will become financially viable. This prediction is based on the July
and August Notice of Violations issued, the 2010 experience under the City Ordinance
when a complete stop while making a right turn on a red light was a requirement, and
the experience of other local police agencies. In terms of public safety, it is apparent the
program has had a positive impact on the number of crashes as evidence by a steady
decline 1att'the majority of the traffic intersections with red light cameras.IV
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