2010-3686 Ordinanceit
ORDINANCE 2010-3686
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, REPEALING THE
PROVISIONS IN ARTICLE XI, ENTITLED "DANGEROUS
INTERSECTION SAFETY," OF CHAPTER 106,1 ENTITLED
"TRAFFIC AND VEHICLES," OF THE MIAMI BEACH CITY
CODE AND ADOPTING THE MARK WANDALL TRAFFIC
SAFETY ACT AND PROGRAM; PROVIDING FOR
CODIFICATION; SEVERABILITY; .REPEALER; AND AN
EFFECTIVE DATE. OF JULY 1, 2010.
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, on December 10, 2008, the Mayor and City Commission passed and
adopted Ordinance No. 2008-3621 creating dangerous intersection safety provisions in the City
Code for the camera enforcement of red light violations; and ~
I
WHEREAS, during the 2010 Florida legislative session, 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, effective July 1, 2010, 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, due to the passage of the above-referenced State law provisions, the City's
camera enforcement of red light violations should be repealed upon the, effective date of the
new State law and the provisions of the Act and Program should be adopted.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
i i
SECTION 1. That Article XI, entitled "Dangerous Intersection Safety," of Chapter 106 of the
Miami Beach City Code, entitled "Traffic and Vehicles," is hereby repealed,~and the provisions of
the Mark Wandall Traffic Safety Act and Program are hereby adopted, effective July 1, 2010.
I
CHAPTER 106
TRAFFIC AND VEHICLES ~
,~
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Article XI. ^~^^°~°~.~ ~^~°~°^*~°„ c°~'°+~•, Adoption of the Mark Wandall
Traffic Safety Act and Program.
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SECTION 3. Codfication.
It is the intention of the Mayor and City Commission of the City of
hereby ordained that the provisions of this ordinance shall become and
Code of the City of Miami Beach, Florida. The sections of this ordinance r
re-lettered to accomplish such intention, and the word "ordinance" may bE
"article," or other appropriate word.
SECTION 4. Severability.
If any section, sentence, clause or phrase of this ordir
unconstitutional by any court of competent jurisdiction, then said
the validity of the remaining portions of this ordinance.
SECTION 5. Repealer.
All ordinances or parts of ordinances in conflict herewith
repealed.
SECTION 6. Effective Date.
This Ordinance shall take effect the 1St day of July, 2010.
PASSED and ADOPTED this ~y day of ~~~
ATTEST: ~_
~ I I errera
Robert Parcher, City Clerk
Miami Beach, and it is
~e made a part of the
nay be renumbered or
changed to "section,"
ce is held to be invalid or
~Iding shall in no way affect
and
the same are hereby
2010.
'OVER AS TQ
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7
ION ITEM SUMMARY
Condensed Title: ~ ~
An Ordinance repealing Article XI, entitled "Dangerous Intersection Safety," o~ Chapter 106, entitled
Traffic and Vehicles," of the Miami Beach City Code and adopting the Mark Waridall Traffic Safety Act
and Prooram. ~ ~
Intended Outcome Supported:
T:
Supporting Data (Surveys, Environmental Scan, etc.): N/A ~
Issue•
Shall the Mayor and City Commission approve the Ordinance' ~
Item Summa /Recommendation: I ~
SECOND READING-PUBLIC HEARING
In the 2010 Florida legislative session, the Florida Legislature enacted the Mark Wandall Traffic
Safety Act and Program, which is to become effective July 1, 2010.' This jP-'ct sets forth a series
of specific requirements for any municipality and/or County which chooses to utilize a red light
violation program.
The Mark Wandall Traffic Safety Act (ACT) specifically reserves to the State all authority relative
to the establishment of rules and regulations and operating procedures associated with red light
camera enforcement program. As such, the City's previously adopted Ordinance, which
established a dangerous intersection safety provision in the City Code, is preempted as of July 1,
2010, the effective date of the State Act. As such, a repeal of the existing City Ordinance is
recommended and adoption of the Mark Wandall Traffic SafetyAct~and Program substituted in
its place. i
Adviso Board Recommendation:
N/A
~,
Financial Infermatinn•
Ci Clerk's Office Le islative Trackin
~ rcoberi C. Middaugh, Assistant City Mana er 1
Sian-Offs: ~
Source of ~ Amount ~ ~~ ~~ - ~Accourti t
Funds:
OBPI ~Totaf:
Financial Impact Summary:
Department Director _ ~ , . ; ~ ~ ~`~ stant Ci _ Mana er ~` ~
tY" 9 ~ ~ ~ ''
ty~Manager
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m MIAMIBEACH
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AGEN~DAITEM RsA
DATE -~ ^~(7
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miami
COMMISSION M
TO: Mayor Matti Herrera Bower and embers f the Ci Comm
r
FROM: Jorge M. Gonzalez, City Manage C ND
PUBLIC I
DATE: July 14, 2010
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
MIAMI BEACH, FLORIDA, REPEALING ARTICLE XI, ENTITLE
INTERSECTION SAFETY," OF CHAPTER 106, ENTITLED
VEHICLES," OF THE MIAMI BEACH CITY CODE; AND ADOF
WANDALL TRAFFIC SAFETY ACT AND PROGRAM; AND I
CODIFICATION; SEVERABILITY; REPEALER; AND AN EFFI
JULY 1, 2010.
ADMINISTRATION RECOMMENDATION
Approve the Ordinance.
BACKGROUND
RANDUM
~F THE CITY OF
"DANGEROUS
"TRAFFIC AND
TING THE MARK
'FtOVIDING FOR
:CTIVE DATE OF
In the 2010 Florida legislative session, the Florida Legislature enacted the Mark Wandall
Traffic Safety Act and Program, which is to become effective July 1, 20~ 0. This Act sets
forth a series of specific requirements for any municipality and/or County which chooses to
utilize a red light violation program.
The Mark Wandall Traffic Safety Act (ACT) specifically reserves to the State all authority
relative to the establishment of rules and regulations and operating procedures associated
with red light camera enforcement program and the ACT sets forth provisions for
implementation. As such, the City's previously adopted Ordinance, which established a
dangerous intersection safety provision in the City Code, is preempted es of July 1, 2010,
the effective date of the State Act. As such, a repeal of the existing City Ordinance is
recommended. Adoption of the new Mark Wandall Traffic Safety Act and Program is
provided for in the proposed ordinance in lieu of the current language.
The Mark Wandall Traffic Safety Act and Program provide for the followi
Establishes a uniform fine of $158.00 for a red light violation and rr~akes it a violation
of the uniform traffic code; however, with no points assigned to a violator.
Specifically determines that municipalities, who establish a fed light camera
enforcement program pursuant to the Act, shall receive a flat fee of $75.00 per
violation.
• Changes the procedure for writing a red light violation, by p
violator with notification advising them of the violation and the fi
event the fine is not paid within 30 days of the notification, a unif
issued by the Miami Beach Police Department, and filed with tl
• All appeals of the uniform traffic citations issued by the City of M
to be handled by the County Court, similar to Parking citations.
• Introduces specific criteria for right turns on red lights; a reas~
standard is required to be utilized by the City of Miami Beach
issued under the Act.
CONCLUSION
Approval of the Ordinance repealing Article XI of the City Code er
Intersection Safety' and adopting the Mark Wandall Traffic Safety A~
hereby recommended as the City's Code provisions will not be utilized
date of the State law.
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2
~ MJAMIBEACH
CE~.r ®~ ~r~~~ gE~CN
~C~'BCE CDC ~U~LBC HE~-RINGS
NOTICE IS HEREBY given that second readings and public hearings will be held by the Mayor and City Commission of the City of Miami Beach', Florida, in the Commission Cnamber..
'srd floor, City Hall, 1700 Convention Center Drive, tdiami Beach, Florida, on Wednesday, July 74th, 2010, to consider gie lollowiny:
10:15 a.m.
Ordinance Repealing Artiste XI, Entitled "Dangerous Intersection SaTety," Of Chapter 106, Entitled "Traffic And Vehicles," Ot The Miami Beach City Code
Inquiries may be directed to the City Manager's Office (305) 673-7010
~ 10:20 a.m:
Ordinance Amending Chapter 12, Article I Of The Code Of The City Of Miami Beach Entitled "Film And Print Productions" By Amending Sectior~ 12-1(5), "Film And Print RegWatiurr:"
Inquiries may be directed to Tourism and Cultural Development (305) 673- 7577
10:25'a.m.
Ordinance Amending The Code Ot The City Of Miami Beach, By Amending Chapter 106, Entitled "Traffic And Vehicles," By Amending Article II, Entitled "Metered Parking," By Amending
Division 1, Entitled "Generally," By Amending Section 106-55, Entitled, "Parking Rates, Fees, And Penalties"; By Amending Subsection,(L); Entitled, "Exceptions," By Amending Suu-
Subsection (1), Entitled "Special Event Parking" By Replacing Special Evenl Parking Rate Provisions With Flat Parking Rate Provisions
Inquiries may be directed to the Parking Department (305) 673- 7275 ~
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c!o tht City C'ierk.
•; 1700 Convention Cemer Drive,lst Eloor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for public inspection during normal business hours in the City
Clerk's Office, 1700 Convention Center Drivel st Floor, City Hall, and Miami Beach, Florida 33139 or via the City's web ~sfte at www.miamibeachfl.gov. This meeting may be continued
and under such circumstances additional legal notice would not be provided. -
Robert E. Farther; City Clerk
- Ciiy of Miami Beach
Pursuant to Section 286.0105, Fla. Slat., the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any matter
considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based. This notice does not constttute consent by the City torthe introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges
or appeals nol otherwise allowed by law.
To request this malarial in accessible format,,sign language interpreters, information on access for persons with disabilities, andlor any accommodation to review any documem or participate in
any city-sponsored proceeding, please contact {305) 604=2489 (voice), (305) 673-7218(TTY) five days in advance to initiate your request. TTY users may also x11711 (Horida Repay Servicel,-
Ad 0607 _ .... . .