R5R-Amend Chapter 106 Traffic Infraction Detectors In City Of Miami BeachCOMMISSION 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 1 0 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, whlch 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 Ci!Y's Vendor.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds: 1
D 2
3
OBPI Total
Financial Impact Summary:
City Clerk'§...QffJ.C;e I.Agislative Tracking:
Michael Grue11, Plar(niflg and Research Manager
Assistant City Manager City Manager
~s-R
DATE fcJ-/b-1,3 MIAMI BEACH 737
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and M City Commission
FROM: Jimmy L. Morales, City Manage ,
---?--
DATE:
SUBJECT:
October 16, 2013 ·.~ FIRST READING
'
AN ORDINANCE OF THE MAYO AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AMENDI G THE CODE OF THE CITY OF MIAMI BEACH,
AMENDING CHAPTER 106, E TITLED "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 PENAL TIES AND COSTS TO BE IMPOSED BY THE LOCAL
HEARING OFFICER; PROVIDING FOR CODIFICATION; SEVERABILITY;
REPEALER; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the ordinance on first reading and scheduling
a second reading public hearing.
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
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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.
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 wlll 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 17 1h
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
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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 at the majority of the traffic intersections with red light cameras.
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ORDINANCE TO BE SUBMITTED
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