LTC 056-2011 Red Light Camera Photo Enforcement Program Update m MIAMI BEACH
OFFICE OF THE CITY MANAGER
NO. LTC # 0 56 -2011 LETTER TO COMMISSION
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: March 8, 2011 w
SUBJECT: Red Light Camera Photo Enforcement Program Update
The purpose of this LTC (Letter to Commission) is to provide an update on the status of
the Red Light Camera Photo Enforcement Program.
As you may recall, the City's Red Light Camera Photo Enforcement Program went into
effect on April 15, 2010, pursuant to the authority of Article XI., entitled "Dangerous
Intersection Safety "of Chapter 106 of the Miami Beach City Code. Subsequently, the
Florida Legislature enacted the Mark Wandall Traffic Safety Act, which authorized the City
of Miami Beach to commence the enforcement of red light violations pursuant to Section
316.0083 of the Florida Statutes on July 1, 2010.
A total of 7,624 Notice of Violations have been issued between April 15, 2010 through
December 31, 2010, and an approximate 86% pay rate per violation has been
established. There have been 474 Uniform Traffic Citations (UTCs) issued based upon
the failure to pay the Notice of Violations.
Data Analysis — Violations and Cases
Following is a table with detailed violation information by intersection:
YEAR TO DATE
April 15- December 31, 2010 AVG
ISSUED %
LOCATIONS TOTAL INFRACTIONSNIOLATIONS PER DAY REJECTED
REVIEWED ISSUED REJECTED
DADE BLVD - WASHINGTON AVE 4,190 2,143 2,047 8.27 49%
17 ST - WASHINGTON AVE - SB 1,866 388 1,478 1.50 79%
17 ST- WASHINGTON AVE - EB 1,939 491 1,448 1.37 76%
17 ST - ALTON RD — WB 284 261 23 1.01 8%
23 ST - PINETREE DR — SB 336 317 19 1.22 6%
CHASE AVE - ALTON RD - NB 4,358 2,488 1,870 9.61 43%
41 ST - PRAIRIE AVE 531 185 346 0.71 65%
INDIAN CREEK - 63 ST — SB 763 628 135 2.42 18%
INDIAN CREEK - 71 ST - NB 691 500 191 1.93 29%
INDIAN CREEK - ABBOTT AVE - SB 238 223 15 2.42 6%
TOTAL 15,196 7,624 7,572 29.44 50%
The percent of violations rejected in the above table identifies those potential violations,
which upon review by the Miami Beach Police Department (MBPD), fail to meet the
criteria for the issuance of a Notice of Violation.
Analysis of the data shows a high rejection rate, which can be attributed to the lower
enforcement criteria that has been mandated by the Florida Legislature for right turns on
red. The Mark Wandall Traffic Safety Act (effective July 1, 2010), requires enforcement
of right turns on a red light only if the vehicle did not make the turn in a "careful and
prudent" manner, which has significantly impacted enforcement of those individuals
violating Florida Law.
Of those 474 UTCs, 203 cases have already been heard and 271 have no disposition yet.
Review of the dispositions of the 474 UTCs shows that 50% (101 cases) were found
guilty, 23% (47 cases) were dismissed, 2% (5 cases) were found not guilty and 25% (50
cases) adjudication was withheld; however, with these cases where adjudication is
withheld, the fine was assessed.
In addition, another significant change with the transition to Florida State Statute has been
the modification of the fine schedule, which changed from a total of $125 per first violation
(under City Ordinance) to $158 per first violation, of which the City of Miami Beach only
nets $75.
The implementation of Red Light Camera Program is centered on public safety, with the
intent to avoid crashes, injuries and death. A survey of the number of crashes at the red
light camera intersections was conducted by the MBPD, and the total number of crashes
has decreased by 14% (from 55 crashes to 47) when comparing 2009 and 2010. Since
the inception of the program there has been a reduction in the number of crashes in 4 of
the 10 camera locations, 4 intersections have remained that same, and 2 of the
intersections have actually seen a slight increase in the number of crashes. In
comparison to 2009, there were 2 additional crashes at the Dade Boulevard and
Washington Avenue intersection, and 2 additional crashes at the 23` Street and Dade
Boulevard intersection in 2010.
Challenges
On August 24, 2010, the City was served with a Class Action Complaint for Civil
Damages, Declaratory and Injunctive Relief (the "Class Action Complaint "). This Class
Action Complaint asserts that the City of Miami Beach's Dangerous Intersection Safety
Ordinance is an invalid exercise of municipal power, and is preempted under the Florida
Uniform Traffic Control Law and the Florida Uniform Disposition of Traffic Infractions Act.
As a result, the Class Action Complaint further affirms that the City of Miami Beach has
been unjustly enriched under the Ordinance, and that the City has improperly converted
Plaintiffs' property (i.e., money) under the tort of conversion. The Plaintiffs are seeking
injunctive and declaratory relief against the City, which would thereby invalidate the City's
ordinance, rendering the issuance of any violations unlawful under the Florida Constitution
and State law. As a result, fines collected for violations prior to July 1, 2010 are now held
in escrow awaiting a decision from the courts. This lawsuit is currently being litigated by
the Miami Beach City Attorney's Office.
The controversial nature of this mechanism of traffic enforcement has resulted in legal
challenges throughout the various states and municipalities. The most recent is a motion
before Broward County Circuit courts challenging the constitutionality of the Mark Wandall
Traffic Safety Act. It has been alleged that Section 316.0083 is unconstitutional for
violation of equal protection under the law, in that there are two separate criteria for right
turn on red light violations one for red light cameras, and one for a police officers issuing a
UTC. To be cited for a right turn on red light violation for a red light camera, the right turn
must be careful and prudent. A police officer who issues a citation for a right turn on red
must have observed the driver not come to a complete stop at the intersection prior to
Further, in Palm Beach County Court, a traffic hearing officer recently dismissed several
red light camera Uniform Traffic Citations, because the photo of the offending vehicle
license tag is not date or time stamped. The defense has argued, successfully, that the
prosecution cannot establish the foundation to prove the tag belongs to the vehicle
running the red light. The City's vendor, ACS Inc., has a time stamp on the video but not
on the still photo of the license tag.
Currently, there are two (2) bills traveling through the Florida Legislature, which would
prohibit the enforcement of red light violations via the photo enforcement program.
The Red Light Photo Enforcement Program being implemented throughout Miami -Dade
County by various government entities are experiencing their own set of challenges. As
you may have seen in recent media reports, municipalities across Miami -Dade, Broward
and Palm Beach counties are expending more funds to run their programs than previously
anticipated. The additional costs are attributed to issues pertaining to man hours for
police officers and City attorneys prosecuting UTC violations in County Court. In addition,
revenue based upon the cost sharing with the State of Florida under the Mark Wandall
Traffic Safety Act. To that effect, municipalities around the state have realized far less
revenue than originally projected.
As a result of the new fine schedule, court costs, to date, the City of Miami Beach has
collected $251,080.20, with net revenue of $192,081.52.
Conclusion
The MBPD has identified the need to move at least two of the cameras to other
intersections within the City, which are deemed more dangerous. The low volume of
citations indicates that drivers generally are complying with traffic laws at those
intersections. In addition, the contract with ACS, Inc. will be placed on the agenda for
action in order to reflect the new State law and other provisions.
Please contact me if you have any questions or need any additional information.
JMG /DM /MG
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