HomeMy WebLinkAboutI-3 Ordinance: Protest ProceduresCity of ~Vliami ~ard~ens
1515-200 NW 167~' Street
Miami Gardens, Florida 33169
Aqenda Cover Paqe
Date: November 14, 2007
Fiscal Impact: No ^ X Yes
(If yes, explain in Staff Summary)
Funding Source:
ContracUP.O. Requirement: Yes No^
Sponsor Name/Department:
Danny Crew, City Manager
Mayor Shirley Gibson
Vice Mayor Barbara Watson
Councilman Melvin L. Bratton
Councilman Aaron Campbell Jr.
Councilwoman Sharon Pritchett
Councilman Oscar Braynon II
Councilman Andre Williams
Public hearing o Quasi-Judicial ^
Ordinance ^X Resolution
1st Reading ^ 2nd Reading x
Advertising requirement: Yes X No
RFP/RFQ/Bid #
Title
An Ordinance of the City Council of the City of Miami Gardens, Florida, amending
Section 14, Protest Procedures of Ordinance No. 2005-10-48' providing for adoption of
representations; repealing all ordinances in conflict; providing for inclusion in Code;
providing for an effective date.
Staff Summarv
Section 14 of the City's Purchasing Ordinance (No. 2005-10-48) stipulates the
procedures for a vendor to protest a recommendation of bid/contract award. In
reviewing the provisions, a number of recommendations are being proposed for the
Ordinance. The primary recommendations:
• Ensure that the Bid Protestor provides adequate notification to other responders
to the bid, by requiring proof of receipt of notices;
• Adjust Filing Fees from $250 to $500, to be more reflective of the clerical costs
involved in processing the protest request;
• Allowing for recovery of costs by the prevailing party if there is an appeal in the
Miami-Dade County Circuit Court; and
• Establishing a$2,500 Bid Protest Bond to cover the estimated additional costs
incurred by the City. (This is returned to the Protester if they prevail in the
hearing). Examples of costs usually incurred by the city are: costs for the
hearing officer, court reporter, city attorney, and the architect/engineer involved in
the project. We think a$2,500 bond is reasonable, since our survey of other
municipalities indicate that many require (the greater ofl $5,000 or 1% of the
project costs.
Recommendation:
We recommend that the City Council approve the ordinance on first reading amending
Section 14, Protest Procedures of Ordinance No. 2005-10-48. I-3) ORDINANCE
2ND READING
PROTEST PROCEDURES
Ordinance No.
ORDINANCE No. 2007-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AMENDING SECTION
14, PROTEST PROCEDURES OF ORDINANCE NO. 2005-
10-48; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE.
1 WHEREAS, the City previously adopted Ordinance No. 2005-10-48, the City's
2 Purchasing Ordinance, and
3 WHEREAS, the City's Purchasing Ordinance provides for protest procedures,
4 and
5 WHEREAS, the City Manager is recommending, that certain amendments be
6 made to Section 14 of the City's Purchasing Ordinance to ensure that proper notice is
7 given to all responders of any and all bids or RFPs when a protest is filed,
8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
9 OF MIAMI GARDENS, FLORIDA, as follows:
10 SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
11 Clauses are hereby ratified and confirmed as being true, and the same are hereby
12 made a specific part of this Ordinance.
13 SECTION 2. AMENDMENT: Section 14 of Ordinance No. 2005-10-48 as
14 amended, is amended as follows:
15 Section 14: Protest Procedures.
16 The following shall govern any protest made by a participant in any competitive
17 process utilized for the selection of a person or entity in regard to any response to a City
18 Request for Proposal/Invitation to Bid and/or Request for Qualification ("Request for
19 Proposals").
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Ordinance No.
20 (1) Protest of any City recommendation for an award in response to a Request for
21 Proposals shall be filed with the City Clerk and mailed by the protesting party to all
22 responders to the bid proposal within 72 hours of
23 the City's recommendation for an award or the City's actual award, whichever comes
24 first. Such protest shall be in writing, shall state the particular grounds on which it is
25 based, shall include all pertinent documents and evidence. The protest letter to the Citv
26 Clerk shall include proof of mailinq/receipt to other responders to the bid and shall be
27 accompanied by a cashier's check in the amount of $500.00 filing fee, plus an additional
28 $2,500 Administrative Deposit to reimburse the City for all administrative costs
29 associated with the appeal process. The $2 500 Administrative Deposit shall be
30 returned to the Protester only if the Protester prevails in the hearinq with the hearinq
31 examiner/special master. Any grounds not stated shall be deemed waived.
32 (2) Protests shall be referred by the City Clerk to the City Manager who shall select a
33 hearing examiner or special master who shall hold a hearing and submit written findings
34 and recommendations within fifteen (15) days of the filing of the protest. The hearing
35 examiner shall consider the written protests, supporting documents in evidence, the
36 City's recommendations and supporting documentation and all evidence presented at
37 the hearing. Such finding and recommendation shall be filed with the City Clerk.
38 (3) Hearing examiners/special masters shall be members of the Florida Bar.
39 (4) The hearing examiner/special master's findings shall be final. Appeals of a
40 decision by the hearing examiner shall be to the Miami-Dade County Circuit Court. The
41 prevailinq part rLin the appeal may be entitled to recover anv and all attorneys' fees and
42 costs incurred in the appeal.
43 (5) Failure to follow the protest procedures set forth herein shall automatically nullify
44 any protest or claim brought by an aggrieved bidder, offeror or contractor.
45 SECTION 3. CONFLICT: All ordinances or Code provisions in conflict herewith
46 are hereby repealed.
47 SECTION 4. SEVERABILITY: If any section, subsection, sentence, clause,
48 phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by
49 any court of competent jurisdiction, such portion shall be deemed a separate, distinct
50 and independent provision and such holding shall not affect the validity of the remaining
51 portions of this Ordinance.
52 SECTION 5. INCLUSION IN CODE: It is the intention of the City Council of the
53 City of Miami Gardens that the provisions of this Ordinance shall become and be made
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Ordinance No.
54 a part of the Code of Ordinances of the City of Miami Gardens and that the sections of
55 this Ordinance may be renumbered or relettered and the word "Ordinance" may be
56 changed to "Chapter," "Section," "Article" or such other appropriate word or phrase, the
57 use of which shall accomplish the intentions herein expressed; provided, however, that
58 Section 1 hereof or the provisions contemplated thereby shall not be codified.
59 SECTION 6. EFFECTIVE DATE: This Ordinance shall become effective
60 immediately upon its final passage.
61 PASSED ON FIRST READING ON THE 24T" DAY OF OCTOBER, 2007.
62 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI
63 GARDENS AT ITS REGULAR MEETING HELD ON THE DAY OF
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SHIRLEY GIBSON, MAYOR
ATTEST:
RONETTA TAYLOR, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ.
City Attorney
SPONSORED BY: DANNY CREW, CITY MANAGER
MOVED BY:
SECONDED BY:
VOTE:
Mayor Shirley Gibson
(Yes) (No)
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Ordinance No.
89 Vice Mayor Barbara Watson (Yes) (No)
90 Councilman Melvin L. Bratton (Yes) (No)
91 Councilman Oscar Braynon, II (Yes) (No)
92 Councilman Aaron Campbell (Yes) (No)
93 Councilwoman Sharon Pritchett (Yes) (No)
94 Councilman Andre Williams (Yes) (No)
95
96 SKD/teh
267993_1. DOC
97
4
City of Miami Gardens
1515-200 NW 167t" Street
Miami Gardens, Florida 33169
Agenda Cover Pa~e
Date: November 14, 2007
Fiscal Impact: No x Yes
(If yes, explain in Staff Summary)
Resolution ^
Funding Source:
Contract/P.O. Requirement: Yes x No^
Sponsor Name/Department: D.Crew
Mayor Shirley Gibson
Vice Mayor Oscar Braynon II
Councilman Melvin L. Bratton
Councilman Aaron Campbell Jr.
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
Councilman Andre Williams
Public hearing ^
Ordinance x
1 st Reading
Quasi-Judicial ^
2nd Reading x
Advertising requirement: Yes x No
RFP/RFQ/Bid # n/a _
Title
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS CREATING REGULATIONS
FOR DANGEROUS INTERSECTION; PROVIDING FOR INTENT AND DEFINITIONS; ESTABLISHING AN
ENFORCEMENT PROGRAM WITHIN THE CITY; AUTHORIZING THE CITY TO PERMIT AND IMPLEMENT
THE USE OF UNMANNED CAMERAS/MONITORING DEVICES FOR RED LIGHT INFRACTIONS;
PROVIDING ENFORCEMENT PROCEDURES; PROVIDING FOR NOTICE; PROVIDING FOR APPEALS;
PROVIDING FOR PENALTIES AND ADMINISTRATIVE CHARGES; PROVIDING FOR EXCEPTIONS;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summarv
Last month, staff made a presentation on starting a red light camera program in Miami
Gardens. Several other Florida cities have also begun such a program including
Pembroke Pines and Aventura locally. Prior to hiring a firm to administer such a
program, the City must first enact appropriate code provisions facilitating the use of these
devices. The attached ordinance provides the necessary code changes and adds
provisions for the processing of tickets and appeals.
At a future meeting, staff will bring a recommended contract with a vendor for City
Council's consideration; however, at this time, Council is only being asked to establish
the program. As indicated when this item came before Council, there is still some
questions as to whether cities can actually do this, although many are now starting.
When we award a contract for the actual operation, I will be putting all revenue received
I-4) ORDINANCE
2ND READING
DANGEROUS INTERSECTION
REGULATIONS
into a reserve account not to be used for the budget. This would be in the event that we
are ordered to repay the funds. If and when some court finally rules on it, we can use the
money at that time. In the meantime, we are taking positive action to change deriving
behavior and saving lives and injuries.
Recommendation:
That City Council approve the red-light camera enabling ordinance on first reading.
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Ordinance No.
ORDINANCE 2007-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS CREATING REGULATIONS FOR DANGEROUS
INTERSECTION; PROVIDING FOR INTENT AND DEFINITIONS;
ESTABLISHING AN ENFORCEMENT PROGRAM WITHIN THE CITY;
AUTHORIZING THE CITY TO PERMIT AND IMPLEMENT THE USE OF
UNMANNED CAMERAS/MONITORING DEVICES FOR RED LIGHT
INFRACTIONS; PROVIDING ENFORCEMENT PROCEDURES;
PROVIDING FOR NOTICE; PROVIDING FOR APPEALS; PROVIDING
FOR PENALTIES AND ADMINISTRATIVE CHARGES; PROVIDING FOR
EXCEPTIONS; REPEALING ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION
IN CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami Gardens ("City") is located in a high density traffic
area and regularly experiences traffic incidents related to the failure of motorists to obey
duly erected traffic control devices, which exposes its citizens to the dangers of
personal injury and property damage, and
WHEREAS, the City Council is concerned with the inability to sufficiently enforce
the State Statute prohibiting running of red lights, due mainly to the requirement that
enforcement of the State Statute requires the personal observation of police officers,
affecting the ability to effectively reduce the significant dangers presented to motorists
and pedestrians by the failure to stop for a red light, and,
WHEREAS, the use of unmanned cameras to enforce toll violations on the state's
toll roads has been determined to be fair, reasonable and sufficient by the State of
Florida in order to effectively enforce laws regulating the payment of tolls without the
need to commit the extreme amount of personnel that would be necessary without the
use of unmanned cameras, and,
WHEREAS, similarly, the use of unmanned cameras will be effective in enforcing
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Ordinance No.
1 laws requiring vehicles to stop for red lights; therefore freeing City police personnel to
2 respond to other, and sometimes more, significant incidents as well as serious crime,
3 and,
4 WHEREAS, local governments in different parts of the state and country have
5 demonstrated the enhancement of vehicular and pedestrian traffic safety attributable to
6 the integration of automated image capture technologies with traditional traffic law
7 enforcement methodology, and
8 WHEREAS, §316.008, Florida Statutes, grants municipalities, with respect to
9 streets and highways under their jurisdiction and within the reasonable exercise of
10 police power, authority to regulate and monitor traffic by means of police officers and
11 security devices, and
12 WHEREAS, the City of Miami Gardens has home rule authority pursuant to
13 Article VII, Section 2 of the Florida Constitution and Chapter 166, Florida Statutes, to
14 enact an ordinance making the failure to stop for a red light indication a violation of the
15 City's Code of Ordinances, and to provide for enforcement of such violations of the
16 City's Code of Ordinances through the use of the City's Code Enforcement Special
17 Masters, and,
18 WHEREAS, Attorney General Opinion 05-41, dated July 12, 2005, confirms the
19 authority of the City to enact an ordinance making the failure to stop at a red light
20 indication a violation of the City's Code of Ordinances, to use unmanned cameras to
21 monitor intersections in the City for such violations of the City's Code, and to record the
22 license tag numbers of vehicles involved in such violations, and,
23 WHEREAS, the Attorney General has opined that the City may not issue traffic
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Ordinance No.
.1 citations under the State Statutes to drivers for violations observed by the use of
2 unmanned cameras and not otherwise observed by police officers, and,
3 WHEREAS, in order to be consistent with state law and the Attorney General's
4 Opinion, the City will issue City Notices of Violations to registered owners of vehicles,
5 will not utilize the uniform traffic citation prescribed by Chapter 316, and will not
6 prosecute offenses of its City ordinance through county court, and,
7 WHEREAS, the City Council finds it to be fair and reasonable to use the same
8 procedure used by the state to enforce toll violations through unmanned cameras, to
9 provide alleged violators with the opportunity to have a hearing within the City using the
10 City's Code Enforcement Special Magistrates and the City's code enforcement
11 procedures adopted pursuant to Chapter 162, Florida Statutes, and set forth in
12 Ordinance No. 2004-11-27, as amended, and,
13 WHEREAS, the City Council of the City of Miami Gardens finds that
14 implementation of the enforcement program as set forth herein will promote, protect and
15 improve the health, safety and welfare of its citizens, consistent with the authority of and
16 limitations on the City pursuant to the Florida Constitution and Florida statutes,
17 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
18 OF MIAMI GARDENS, FLORIDA:
19 SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
20 Clauses are hereby ratified and confirmed as being true, and the same are hereby
21 made a specific part of this Ordinance.
22 SECTION 2. CREATION OF THE ORDINANCE: An ordinance of the City of
23 Miami Gardens, Florida, creating regulations for Dangerous Intersections is hereby
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Ordinance No.
1 created to read as follows:
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3 A. Intent.
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5 The purpose of this Ordinance is to authorize the use of an unmanned
6 camera/monitoring system to promote compliance with red light signal directives as
7 proscribed by this Ordinance, and to adopt a civil enforcement system for red light
8 signal violations. This Ordinance will also supplement law enforcement personnel in the
9 enforcement of red light signal violations and shall not prohibit law enforcement officers
10 from issuing a citation for a red light signal violation in accordance with normal statutory
11 traffic enforcement techniques.
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13 B. Use of Image Capture Technologies.
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15 The City shall utitize image capture technologies as a supplemental means of
16 monitoring compliance with laws related to traffic control signals, while assisting law
17 enforcement personnel in the enforcement of such laws. which are designed to protect
18 and improve public health, safety and welfare. This Ordinance shall not supersede,
19 infringe, curtail or impinge upon state laws related to red light signal violations or conflict
20 with such laws. The City shall utilize image capture technologies as an ancillary
21 deterrent to traffic control signal violations and to thereby reduce accidents and injuries
22 associated with such violations. Notices of Infractions issued pursuant to this Ordinance
23 shall be addressed using the City's own Special Magistrates and not uniform traffic
24 citations or county courts.
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27 C. Definitions.
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29 The following definitions shall apply to this Ordinance:
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31 1. Intersection shall mean the area embraced within the prolongation or
32 connection of the lateral curb line; or, if none, then the lateral boundary
33 lines, of the roadways of two roads which join or intersect one another at,
34 or approximately at, right angles; or the area within which vehicles
35 traveling upon different roads joining at any other angle may come in
36 conflict.
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3g 2. Motor vehicle shall mean any self-propelled vehicle not operated upon
39 rails or guideways, but not including any bicycle, motorized scooter,
40 electric personal assisted mobility device, or moped.
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42 3. Notice of Infraction shall mean a citation issued for a red zone infraction,
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44 4. Owner/vehicle Owner shall mean the person or entity identified by the
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Ordinance No.
1 Florida Department of Motor Vehicles, or other state vehicle registration
2 office, as the registered owner of a vehicle. Such term shall also mean a
3 lessee of a motor vehicle pursuant to a lease of six months or more.
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5 5. Recorded Images shall mean images recorded by a traffic control signal
6 monitoring system/device on:
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8 a. Two or more photographs, or
9 Two or more electronic images; or
10 Two or more digital images; or
11 Digital or Video movies; or
12 Any other medium that can display a violation; and
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14 b. Showing the rear of a motor vehicle and on at least one image,
15 clearly identifying the license plate number of the vehicle.
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17 6. Red Zone infraction shall mean a traffic offense whereby a traffic control
lg signal monitoring system established that a vehicle entered an intersection
19 controlled by a duly erected traffic control device at a time when the traffic
20 control signal for such vehicle's direction of travel was emitting a steady
21 red signal.
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23 7. Special Master shall mean the City's Code Enforcement Special Master.
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25 8. Traffic Control Signal shall mean a device exhibiting different colored lights
26 or colored lighted arrows, successively one at a time or in combination,
2~ using only the colors green, yellow, and red which indicate and apply to
28 drivers of motor vehicles as provided in Florida Statutes §316.075,
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30 9. Traffic Control Signal Monitoring System/Device shall mean an electronic
31 system consisting of one or more vehicle sensors, working in conjunction
32 with a traffic control signal, still camera and video recording device, to
33 capture and produce recorded images of motor vehicles entering an
34 intersection against a steady red light signal indication.
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36 D. Adherence to Red Light Traffic Control Signals.
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38 Motor vehicle traffic facing a traffic control signal's steady red light indication shall
39 stop before entering the crosswalk on the near side of an intersection or if none, then
40 before entering the intersection, and shalt remain standing until a green indication is
41 shown on the traffic control signal. However, the driver of a vehicle that is stopped at a
42 clearly marked stop line, or if none, before entering the crosswalk on the near side of
43 the intersection or, if none, then at the point nearest the intersecting roadway where
44 the driver has a view of approaching traffic on the intersecting roadway before entering
45 the intersection in obedience of a steady red traffic control signal, may make a right
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Ordinance No.
1 turn (unless such turn is otherwise prohibited by posted sign or other traffic control
2 device) but shall yield right-of-way to pedestrians and other traffic proceeding as
3 directed by the traffic control signal at the intersection.
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5 E. Violation.
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7 A violation of this Ordinance, known as a Red Zone Infraction, shall occur when a
8 vehicle does not comply with the requirements of Section G. Violations shall be
9 enforced pursuant to paragraph (7) herein.
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11 F. Six-month notice: introductory period.
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13 For the first finro months of this Ordinance, unless the driver of a vehicle received
14 a citation from a police officer at the time of a Red Zone Infraction in accordance with
15 normal traffic enforcement techniques, the vehicle owner shall receive a courtesy notice
16 of the violation. Commencing finro months after the effective date of the Ordinance, the
17 vehicle owner is subject to the enforcement provision as provided herein.
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19 G. Review of Recorded Images.
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21 1. The owner of the vehicle, which is observed by Recorded Images
22 committing a Red Zone Infraction, shall be issued a Notice of infraction.
23 The Recorded Image shall be sufficient grounds to issue a City Notice of
24 Infraction.
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26 2. The City shall designate a Traffic Control Infraction Review Officer(s), who
27 shall meet the qualifications set forth in §316.640(5)(A), Florida Statutes,
Zg or any other relevant statute. The Traffic Control Infraction Review
29 Officer(s) shall review Recorded Images prior to the issuance of a Notice
30 of Violation/Infraction to ensure accuracy and the integrity of the Recorded
31 Images. The Traffic Control Infraction Officer(s) shall also verify fhat the
32 Traffic Control Monitoring System/Devices that captured the Recorded
33 Images was functioning properly at the time the Recorded Images were
34 captured. Once the Traffic Control Infraction Review Officer has verified
35 the accuracy of the Recorded Images and functionality of the Traffic
36 Control Monitoring System/Devices, he or she shall complete a report, and
37 a Notice of Violation/Infraction shall be sent to the Vehicle Owner at the
38 address on record with the Florida Department of Highway Safety and
39 Motor Vehicles.
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41 H. Notice of Violation/Infraction.
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43 The Notice of Violation/Infraction shall include:
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45 1. The name and address of the vehicle owner
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Ordinance No.
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2 2. The license Plate number and registration number of the vehicle
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4 3. The make, model, and year of the vehicle
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6 4. Notice that the violation charged is pursuant to this Ordinance
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8 5. The location of the intersection where the violation occurred
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10 6. The date and time of the red zone infraction
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12 7. Notice that the Recorded Images relating to the vehicle and a statement
13 that the recorded images are evidence of a red zone infraction:
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15 8. The civil penalty imposed
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17 9. Images depicting violation
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19 10. The procedures for payment of the civil penalty and contesting the notice
20 of infraction
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22 11. A signed statement by the Traffic Control Infraction Officer that, based on
23 inspection of recorded images, the vehicle was involved in a Red Zone
24 Infraction
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26 12. Information advising the person alleged to be liable under this Section, the
27 manner and time in which liability as alleged in the Notice of Infraction
28 may be appealed and warning that failure to pay the civil penalty or to
29 contest liability in a timely manner is an admission of liability.
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31 I. Vehicle Owner Responsibilities.
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33 A vehicle Owner receiving a Notice of Infraction may, within twenty one (21) days
34 of the date of the Notice of Infraction:
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36 1. Pay the assessed civil penalty pursuant to instructions on the notice of
37 infraction; or
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39 2. Request an appeal pursuant with procedures as outlined in this
40 Ordinance.
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43 The failure to comply with the provisions of this Section within twenty-one days
44 from the date of the Notice of Infraction shall constitute a waiver of the right to contest
45 the Notice of Infraction and will be considered an admission.
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J. Appeal to Special Master.
1. The City's Code Enforcement Special Magistrates are authorized to
consider appeals under this Chapter within finrenty one (21) days of the
date of the Notice of Infraction; the Vehicle Owner may file an appeal with
the City pursuant to the directions in the Notice of Infraction. A hearing on
the appeal shall be scheduled for all appeals except those in which the
Vehicle Owner submits an affidavit pursuant to Section K of this Ordinance
in which the Vehicle Owner affirms under penalty of perjury that the
vehicle was not under his or her care, custody or control, or that of
someone with Vehicle Owner's consent.
2. Upon receipt of the appeal, the City shall schedule a hearing before the
Special Master to occur not later than sixty (60) days after City's receipt of
the appeal. A Notice of Hearing shall be provided to the Vehicle Owner no
less than ten (10) days prior to the hearing, and shall be provided by
certified and U.S. mail to the same address to which the Notice of
Infraction was sent.
3. The following shall be permissible grounds for an appeal:
a. At the time of the infraction, the vehicle was not under the care,
custody, pr control of the Vehicle Owner or an individual with
Vehicle Owner's consent, established pursuant to affidavit as
provided in Section K of this Ordinance.
b. The motor vehicle driver was issued a citation by a law enforcement
officer, which was separate and distinct from the citation issued
under this Section, for violating the steady red traffic control signal
c. The motor vehicle driver was required to violate the steady red
traffic control signal In order to comply with other governing laws
d. The motor vehicle driver was required to violate the steady red
traffic control signal in order to reasonably protect the property or
person of another
e. The steady red traffic control signal was inoperable or
malfunctioning: or
f. Any other reason the Special Master deems appropriate.
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Ordinance No.
4. The hearing shall be conduction in accordance with Ordinance No. 2004-
11-27, as amended.
5. Recorded Images indicating a Red Zone Infraction, verified by the Traffic
Control Infraction Review Officer, are admissible in any proceeding before
the City's Special Master to enforce the provisions of this Chapter. and
shall constitute prima facie evidence of the violation.
6. Unless an affidavit is provided pursuant to Section K of this Ordinance, it
is presumed the person registered as the vehicle owner with the Florida
Department of Motor Vehicles or any other state vehicle registration office,
or an individual having the owner's consent, was operating the vehicle at
the time of a Red Zone Infraction.
K. Vehicle Owner Affidavit of Non-responsibility.
In order to for the Vehicle Owner to establish that the motor vehicle was at the
time of the Red Zone Infraction, in the care, custody, or control of another person
without the consent of the registered owner, the Vehicle Owner is required, within
twenty-one (21) days from the date listed on the Notice of Infraction, to furnish to the
City, an affidavit setting forth the circumstances demonstrating that the motor vehicle
was not in the Vehicle Owner's care custody or control, or that of a person with Vehicle
Owner's consent. The affidavit must be executed in the presence of a notary, and
include:
a If known to the Vehicle Owner, the name, address, and the driver license
number of the person who leased, rented or otherwise had care, custody,
or control of the motor vehicle at the time of the alleged Red Zone
Infraction; or
b If the vehicle was stolen, the police report indicating the vehicle was stolen
at the time of the alleged Red Zone Infraction.
c The following language immediately above the signature line:
Under penalties of perjury, I declare that I have read the foregoing affidavit
and that the facts stated in it are true."
d. Upon receipt of an affidavit pursuant to this section, any prosecution of the
Notice of Infraction issued to the vehicle owner shall be terminated.
L. Penalties.
A violation of this Ordinance shall be deemed a non-criminal, non-moving
violation for which a civil penalty in the amount of $125.00 shall be assessed. As the
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Ordinance No.
violation relates to this Ordinance and not the State Statutes, no points as provided in §
322.27, Florida Statutes, shall be recorded on the driving record of the vehicle owner or
responsible party.
M. Administrative Charges.
In addition to the assessment, administrative charges may be assessed in the
event of an appeal or the necessity to institute collection procedures.
N. Collection of Fines.
The City may collect a penalty in accordance with Florida Statutes and the City's
Code Enforcement Procedures. In addition, the City may enforce such penalty by civil
action in the nature of debt,
O. Exceptions.
This Ordinance shall not apply to Red Zone Infractions involving vehicle
collisions or to any authorized emergency vehicle responding to a bona tide emergency;
nor shall a Notice of Infraction be issued in any case where the operator of the vehicle
was issued a citation for violating the State Statute regarding the failure to stop at a red
light indication.
SECTION 3. CONFLICT All ordinances or Code provisions in conflict herewith are
hereby repealed.
SECTION 4. SEVERABILITY If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions of this Ordinance.
SECTION 5. INCLUSION IN THE CODE It is the intention of the City Council of
the City of Miami Gardens that the provisions of this Ordinance shall become and be made
a part of the Code of Ordinances of the City of Miami Gardens and that the sections of this
Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to
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~Ordinance~ No. ~~ ~~ ~~
Chapter, Section, Article or such other appropriate word or phrase, the use of which
shall accomplish the intentions herein expressed; provided, however, that Section 1 hereof
or the provisions contemplated thereby shall not be codified.
SECTION 6. EFFECTIVE DATE This Ordinance shall become effective
immediately upon its final passage.
PASSED ON FIRST READING ON THE 24T" DAY OF OCTOBER, 2007.
PASSED AND ADOPTED on second reading this day of , 2007
SHIRLEY GIBSON, MAYOR
ATTEST:
RONETTA TAYLOR, CMC, CITY CLERK
Reviewed by SONJA K. DICKENS ESQ.
City Attorney
SPONSORED BY: Danny O. Crew Citv Manager
MOVED BY:
SECONDED BY:
VOTE:
Mayor Shirley Gibson (Yes) (No)
Vice Mayor Barbara Watson (Yes) (No)
Councilman Melvin L. Bratton (Yes) (No)
Councilman Aaron Campbell (Yes) (No)
Councilman Oscar Braynon, II (Yes) (No)
Councilman Andre Williams (Yes) (No)
Councilwoman Sharon Pritchett (Yes) (No)
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