HomeMy WebLinkAbout2024-002-471_-_School_Zone_Speed_Detection_Systems_-_Adopted.docxORDINANCE NO. 2024-002-471
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 24 OF THE
CITY OF MIAMI GARDENS CODE OF ORDINANCES BY
CREATING ARTICLE V ENTITLED “SCHOOL ZONE SPEED
LIMITS” TO ENHANCE ENFORCEMENT OF SPEED LIMITS
WITHIN ROADS PROPERLY MAINTAINED AS SCHOOL
ZONES; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on May 31, 2023, the Florida Legislature passed and the Governor
signed into law House Bill (“HB”) 657 which provides that municipalities may enforce the
applicable speed limit within a properly maintained school zone through the use of speed
detection systems, and
WHEREAS, HB 657 authorizes municipalities to place or install, or contract with
an independent vendor to place or install, speed detection systems that will capture
photographic and video evidence to enhance enforcement of Florida Statute § 316.1896
and adherence to properly marked speed limits, and
WHEREAS, the City has conducted and reviewed traffic studies in several school
zones within its jurisdiction and determined that the following school zones constitute a
heightened safety risk that warrants the installation of speed detection systems as an
additional enforcement measure:
(1) Carol City Middle School,
(2) Miami Carol City High School,
(3) Carol City Elementary
(4) Norwood Elementary School,
(5) Dr. Frederica S. Wilson - Skyway Elementary School,
(6) Andover Middle School,
(7) Norland Elementary School,
(8) Norland Middle School,
(9) Norland High School,
(10) Scott Lake Elementary,
(11) Brentwood Elementary School,
(12) William A. Kirlew Jr. Academy,
(13) Barbara Hawkins Elementary,
(14) Grace Leadership Preparatory,
(15) Crestview Elementary School,
(16) Robert Renick Education Center,
(17) Myrtle Grove K-8 Center,
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Ordinance No. 2024-002-471
(18) MLMPI Preparatory, and
(19) Miami Gardens Elementary School
(20) Parkview Elementary
(21) Parkview Educational Complex
(22) Monsignor Edward Pace High School
(23) Beacon Hill Preparatory School
(24) North County K-8 Center
(25) North Gardens High School
(26) TRU Prep Academy
(27) Parkway Elementary School
(28) Rainbow Park Elementary School
(29) Bunche Park Elementary School
(30) Jan Mann Educational Center
(31) Golden Glades Elementary School
(32) North Dade Center for Modern Language Middle School
(33) Hibiscus Elementary School
WHEREAS, the City will conduct a public announcement and conduct a public
awareness campaign to inform the City’s residents of speed detection systems
implementation following the passing of this ordinance and prior to the enforcement under
this program, and
WHEREAS, during the 30-day public awareness campaign, the City shall only
issue warnings to the registered owners of vehicles that violated this ordinance and
Florida law concerning school zone speed limit enforcement, and
WHEREAS, Pursuant to Florida Statute §316.008(9)(b) and Resolution No. 2023-
117-2007, the City shall exercise its right to contract with a third party vendor to install
speed detection equipment for purposes of this Ordinance, and
WHEREAS, promoting safe driving behavior, particularly in areas heavily
frequented by the City’s youth, is of the upmost significance in exercising the City’s duty
of protecting the health and safety of City residents, and
WHEREAS, Councilwoman Linda Julien recommends that the City Council amend
Chapter 24 of the City of Miami Gardens Code of Ordinances by creating Article V entitled
“School zone speed limits” to enhance enforcement of speed limits within roads properly
maintained as school zones,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
Section 1.ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Ordinance.
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Section 2.AMENDMENT: That the Code of Ordinances, City of Miami Gardens,
Florida, is hereby amended Chapter 24 by creating Article V entitled “School zone speed
limits” as follows:
Sec. 24-169. – Purpose
The implementation of speed detection systems affixed on select roads that are maintained as
school zones within the city promotes the safety of the city residents, Miami-Dade County
School District employees, and grade school children seeking an education within the
city. The automated system will capture evidence of drivers in violation of this article and
Florida Statute §316.1896, thus, promoting adhereance and safe driving practices within
proper designated school zones.
Sec. 24-170. – Intent
This article authorizes the city, in accordance with Chapter 2023-174 Laws of Florida and Florida
Statute §316.008, as amended, to exercise its authority in placing and installing speed
detection systems in various school zones with the boundaries of the city’s jurisdiction.
The placement and installation of speed detection systems on roads maintained as school
zone will allow the city to identify violations of this article and Florida Statute §316.1896,
enforce the provisions of this ordinance, and promote the safety of student and parent
welfare.
Sec. 24-171. – Use of speed detection systems
This article shall not supersede, infringe, curtail or impinge upon state or county laws related to
school zone speed limit violations or conflict with such laws. This article shall serve to
enable the city to provide enhanced enforcement within school zones pursuant to Florida
Statutes. The city shall utilize speed detection systems to deter school zone speed limit
infractions and to thereby reduce accidents and injuries associated with such violations.
Pursuant to Florida Statute §316.008, the city is authorized to employ the services of a
third party vendor for purposes of implementing this article.
Sec. 24-172. – Designated school zones
The following school zones constitute a heightened safety risk within the city and warrant
additional enforcement measures to ensure compliance with Florida law:
(a) NW 12th Avenue
1. Norland Elementary,
2. Norland Middle School,
3. Norland High School,
4. Scott Lake Elementary
(b) NW 175th Street
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Ordinance No. 2024-002-471
5. Scott Lake Elementary
6. Parkview Elementary
7. Parkview Educational Complex
(c) NW 2nd Avenue
8. Andover Middle School
(d) NW 32nd Avenue
9. William A. Kirlew Jr. Academy
10. Brentwood Elementary
11. Myrtle Grove K-8 Center
12. Monsignor Edward Pace High School
(e) NW 191st Street
13. William A. Kirlew Jr. Academy
14. Brentwood Elementary
15. Barbara Hawkins Elementary
16. Grace Leadership Preparatory
17. Carol City Middle School
18. Miami Gardens Elementary School
(f) NW 37th Avenue
19. Barbara Hawkins Elementary
20. Grace Leadership Preparatory
21. Carol City Middle School
22. Marian Center School and Services
(g) NW 199th Street
23. Norwood Elementary School
(h) NW 22nd Avenue
24. Crestview Elementary School
25. Parkview Elementary
26. Parkview Educational Complex
27. Beacon Hill Preparatory School
28. Robert Renick Education Center
(i) NW 207th Street
29. Robert Renick Education Center
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30. North County K-8 Center
(j) NW 183rd Street
31. Miami Carol City High School
32. MLMPI Preparatory
33. North Gardens High School
(k) NW 173rd Drive
34. Carol City Elementary
(l) NW 47th Avenue
35. Miami Gardens Elementary School
36. TRU Prep Academy
(m)NW 42nd Avenue
37. Dr. Frederica S. Wilson - Skyway Elementary School
(n) NW 186th Street to NW 188th Street
38. Parkway Elementary School
(o) NW 154th Street
39. Rainbow Park Elementary School
(p) NW 158th Street to NW 22nd Court
40. Bunche Park Elementary School
(q) NW 44th Court
41. Jan Mann Educational Center
(r) NW 28th Avenue
42. Golden Glades Elementary School
(s) NW 157th Street to NW 18th Court
43. North Dade Center for Modern Language, Middle School
(t) NW 157th Street to NW 18th Place
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44. North Dade Center for Modern Language, Middle School
(u) NW 1st Avenue
45. Hibiscus Elementary School
(v) NW 187th Street
46. Crestview Elementary School
(w) NW 176th Street
47. Myrtle Grove K-8 Center
Sec. 24-173. – Speed detection system enforcement; signage; violation
(a) Pursuant to Florida Statute §316.0776, as amended, the city shall post signage
indicating that the subject school zone is subject to photographic and video
enforcement of the school zone speed limit and notify the public of the specific
times of enforcement.
(b) Pursuant to Florida Statute §316.1896, as amended, the owner of a motor vehicle
violates this article and Florida law when the operator of such vehicle:
1. Operates a motor vehicle in excess of 10 miles per hour over the school zone
speed limit which occurs within 30 minutes before through 30 minutes after the
start of a regularly scheduled breakfast program,
2. Operates a motor vehicle in excess of 10 miles per hour over the school zone
speed limit which occurs within 30 minutes before through 30 minutes after the
start of a regularly scheduled school session,
3. Operates a motor vehicle in excess of 10 miles per hour over the posted speed
limit during the entirety of a regularly scheduled school session, or
4. Operates a motor vehicle in excess of 10 miles per hour over the school zone
speed limit which occurs within 30 minutes before through 30 minutes after the
end of a regularly scheduled school session.
(c) A violation of this article occurs when the operator of a motor vehicle fails to comply
with requirements of subsection (b). Violations shall be enforced pursuant Florida
Statute §316.1896.
Sec. 24-174. – Review of recorded photographic and video evidence
(a) The owner of the vehicle which is observed by recorded images operating a motor
vehicle in violation of Section 24-172(b) and Florida Statute §316.1896, shall be
issued a notice of violation in accordance with Florida law.
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(b) A law enforcement officers and/or designated a traffic infraction enforcement
officer(s) shall review recorded images prior to the issuance of a notice of
violation/infraction to ensure accuracy and the integrity of the recorded images.
Once the officer has verified the accuracy of the recorded images a notice of
violation/infraction shall be sent to the vehicle owner at the address on record with
the Florida Department of Highway Safety and Motor Vehicles or the address on
record with the appropriate agency having such information in another state.
(c) A speed detection system in a school zone may not be used for remote
surveillance. The collection of evidence by a speed detection system to enforce
violations of the Article and Florida Statute §316.1895 and §316.183, or user-
controlled pan or tilt adjustments of speed detection system components, do not
constitute remote surveillance.
a. Any recorded video or photograph obtained through the use of a speed
detection system must be destroyed within 90 days after the final disposition
of the recorded event. The vendor of a speed detection system must provide
the county or municipality with written notice by December 31 of each year
that such records have been destroyed in accordance with this subsection.
b. Registered motor vehicle owner information obtained as a result of the
operation of a speed detection system in a school zone is not the property
of the manufacturer or vendor of the speed detection system and may be
used only for the purposes of this Article.
Sec. 24-175. – Notice of violation and affidavits
(a) Within 30 days after a violation, notice must be sent to the registered owner of the
motor vehicle involved in the violation specifying the remedies available and that
the violator must pay the penalty to the city or furnish an affidavit within 30 days
after the date of the notice of violation in order to avoid court fees, costs, and the
issuance of a uniform traffic citation. The notice of violation must:
i. Be sent by first-class mail.
ii. Include a photograph or other recorded image showing the license
plate of the motor vehicle; the date, time, and location of the violation;
the maximum speed at which the motor vehicle was traveling within
the school zone; and the speed limit within the school zone at the
time of the violation.
iii. Include a notice that the owner has the right to review, in person or
remotely, the photograph or video captured by the speed detection
system and the evidence of the speed of the motor vehicle detected
by the speed detection system which constitute a rebuttable
presumption that the motor vehicle was used in violation of this
Article and Florida Statute §316.1895 or §316.183.
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iv. State the time when, and the place or website at which, the
photograph or video captured and evidence of speed detected may
be examined and observed.
(b) a person who receives a notice of violation under this section may request a
hearing within 30 days after the notice of violation or may pay the penalty pursuant
to the notice of violation, but a payment or fee may not be required before the
hearing requested by the person. The notice of violation must be accompanied by,
or direct the person to a website that provides, information on the person's right to
request a hearing and on all costs related thereto and a form used for requesting
a hearing. As used in this subsection, the term "person" includes a natural person,
the registered owner or co-owner of a motor vehicle, or the person identified in an
affidavit as having actual care, custody, or control of the motor vehicle at the time
of the violation.
(c) If the registered owner or co-owner of the motor vehicle; the person identified as
having care, custody, or control of the motor vehicle at the time of the violation; or
an authorized representative of the owner, co-owner, or identified person initiates
a proceeding to challenge the violation, such person waives any challenge or
dispute as to the delivery of the notice of violation.
(d) A uniform traffic citation must be issued by mailing the uniform traffic citation by
certified mail to the address of the registered owner of the motor vehicle involved
in the violation if payment has not been made within 30 days after notification if the
registered owner has not requested a hearing and if the registered owner has not
submitted an affidavit.
1. Delivery of the uniform traffic citation constitutes notification of
a violation. If the registered owner or co-owner of the motor
vehicle; the person identified as having care, custody, or
control of the motor vehicle at the time of the violation; or a
duly authorized representative of the owner, co-owner, or
identified person initiates a proceeding to challenge the
citation such person waives any challenge or dispute as to the
delivery of the uniform traffic citation.
2. In the case of joint ownership of a motor vehicle, the uniform
traffic citation must be mailed to the first name appearing on
the motor vehicle registration, unless the first name appearing
on the registration is a business organization, in which case
the second name appearing on the registration may be used.
3. The uniform traffic citation mailed to the registered owner of
the motor vehicle involved in the infraction must be
accompanied by the information described in subsection (a).
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(e) The registered owner of the motor vehicle involved in the violation is responsible
and liable for paying the uniform traffic citation issued for a violation of this Article
and Florida Statute §316.1895 or §316.183 unless the owner can establish that:
4. The motor vehicle was, at the time of the violation, in the care,
custody, or control of another person;
5. A uniform traffic citation was issued by law enforcement to the
driver of the motor vehicle at the time of the alleged violation;
or
6. The motor vehicle's owner was deceased on or before the
date of the alleged violation, as established by an affidavit
submitted by the representative of the motor vehicle owner's
estate or other identified person or family member.
(f) To establish facts under section (e), the registered owner of the motor vehicle
must, within 30 days after the date of issuance of the notice of violation or the
uniform traffic citation, submit an affidavit to the city setting forth information
supporting such fact.
7. An affidavit transferring liability of the violation to the operator
of the motor vehicle at the time that the alleged violation
occurred must include the:
i. Name
ii. Address
iii. Date of birth, and
iv. If known, 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
violation.
8. If the motor vehicle was stolen at the time of the alleged
violation, the affidavit must include the police report indicating
that the motor vehicle was stolen.
9. If a uniform traffic citation was issued at the location of the
violation by a law enforcement officer, the affidavit must
include the serial number of the uniform traffic citation.
10. If the motor vehicle's owner to whom a notice of violation or a
uniform traffic citation has been issued is deceased, the
affidavit must include a certified copy of the owner's death
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certificate showing that the date of death occurred on or
before the date of the alleged violation and one of the
following:
i. A bill of sale or other document showing that the
deceased owner's motor vehicle was sold or
transferred after his or her death but on or before the
date of the alleged violation.
ii. Documented proof that the registered license plate
belonging to the deceased owner's motor vehicle was
returned to the Florida Department of Highway Safety
and Motor Vehicles or any branch office or authorized
agent of the Florida Department of Highway Safety and
Motor Vehicles after his or her death but on or before
the date of the alleged violation.
iii. A copy of the police report showing that the deceased
owner's registered license plate or motor vehicle was
stolen after his or her death but on or before the date
of the alleged violation.
(g) Upon receipt of an affidavit and other required documentation under section (f),
the city shall dismiss the notice or citation and provide proof of such dismissal to
the person who submitted the affidavit. The city is authorized to reissue a notice of
violation or citation to the person identified as having care, custody, or control of
the motor vehicle. If the person identified in the affidavit as having care, custody,
or control of the motor vehicle at the time of the violation denies such control, then
the city must notify the registered that the action will not be dismissed for failure to
establish another person liable for the violation.
(h) This Section supplements the enforcement of Florida Statute §316.1895 and
§316.183 and does not prohibit a law enforcement officer from issuing a uniform
traffic citation for violation of this Article or Florida Law.
Sec. 24-176. – Hearings.
(a) A hearing pursuant to this article shall be conducted in accordance with Article II,
Section 24-27 of the City of Miami Gardens Code of Ordinances and Florida
Statute §316.1896(14) and Florida Statute §316.0083(5).
11. The petitioner, or person who elects to request a hearing,
must be scheduled for a hearing by the clerk to the local
hearing officer. The clerk must furnish the petitioner with
notice sent by first-class mail. Upon receipt of the notice, the
petitioner may reschedule the hearing up to two times by
submitting a written request to reschedule to the clerk at least
5 calendar days before the day of the scheduled hearing. The
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petitioner may cancel his or her appearance before the local
hearing officer by paying the penalty assessed, plus the
administrative cost, before the start of the hearing.
12. All testimony at the hearing must be under oath and must be
recorded. The local hearing officer must take testimony from
a traffic infraction enforcement officer and the petitioner and
may take testimony from others. The local hearing officer must
review the photograph or video captured by the speed
detection system and the evidence of the speed of the motor
vehicle detected by the speed detection system made
available under this Article. Formal rules of evidence do not
apply, but due process must be observed and govern the
proceedings.
13. The local hearing officer must determine whether a violation
occurred and must uphold or dismiss the violation. The local
hearing officer must issue a final administrative order
including the determination and, if the notice of violation is
upheld, must require the petitioner to pay the penalty
previously assessed and an administrative cost not to exceed
$250. The final administrative order must be mailed to the
petitioner by first-class mail.
14. An aggrieved party may appeal a final administrative order to
the Eleventh Judicial Circuit Court of Florida.
(b) The presiding Hearing Officer shall be appointed in accordance with Article II,
Section 24-27(2) of this Chapter.
(c) The city clerk, or his or her designee, shall be designated to serve as the clerk to
the local hearing officer.
Sec. 24-177. – Annual Reporting
(a) The City Manager, or his/her designee, shall annually report the results of all
systems within its jurisdiction by placing the report required under subsection (b)
of this Section, and Florida Statute §316.0776, on the agenda of a regular or
special city council meeting.
(b) The report must include a written summary, which must be read aloud at the
regular or special city council meeting, and must contain:
a. The number of notices of violation issued,
b. The number that were contested,
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c. The number that were upheld,
d. The number that were dismissed,
e. The number that were issued as uniform traffic
citations, and
f. The number that were paid, how collected funds were
distributed, and in what amounts.
(c) The City Manager, or his/her designee, shall report to the Department of Highway
Safety and Motor Vehicles that the annual report required under this Section, and
Florida Statute §316.0776, was considered in accordance with Florida law,
including the date of the regular or special meeting at which the annual report was
considered.
(d) On October 1, 2024, and annually thereafter, the City Manager, or his/her
designee, shall submit a report to the Department of Highway Safety and Motor
Vehicles identifying the public safety objectives used to identify a school zone for
enforcement under this Article, reports compliance with Florida Statute
§316.0776(3)(c), and details the results of the speed detection system in the
school zone and the procedures for enforcement. The report must include:
g. Information related to the location of each speed
detection system, including the geocoordinates of the
school zone, the directional approach of the speed
detection system, the school name, the school level,
the times the speed detection system was active, the
restricted school zone speed limit enforced pursuant to
this Article and Florida Statute §316.1895(5), the
posted speed limit enforced at times other than those
authorized by this Article and Florida Statute
§316.1895(5), the date the systems were activated to
enforce violations of this Article and Florida Statute
§316.1895 and §316.183, and, if applicable, the date
the systems were deactivated.
h. The number of notices of violation issued, the number
that were contested, the number that were upheld, the
number that were dismissed, the number that were
issued as uniform traffic citations, and the number that
were paid.
i. Any other statistical data and information related to the
procedures for enforcement which is required by the
Department of Highway Safety and Motor Vehicles.
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(e) The city is responsible for and shall maintain its data for reporting purposes at
least 2 years after such data is reported pursuant to this Section.
(f) Compliance or sufficiency of compliance with this paragraph may not be raised in
a proceeding challenging a violation under this Article or Florida Statutes
§316.1895 or §316.183.
Sec. 24-178. – Penalties and costs
Violators of this Article must pay a fine of $100. Penalties assessed and collected by the city,
less the amount retained by the city pursuant to subsection (b) and (e), must be paid to
the Department of Revenue weekly. Such payment must be made by means of electronic
funds transfer. In addition, the City Manger, or his/her designee, shall remit a detailed
summary of the penalties to the Department of Revenue. Penalties to be assessed and
collected by the city must be remitted as follows:
(a) Twenty dollars must be remitted to the Department of Revenue for deposit into
the General Revenue Fund.
(b) Sixty dollars shall be retained by the city and must be used to administer speed
detection systems in school zones and other public safety initiatives.
(c) Three dollars must be remitted to the Department of Revenue for deposit into
the Department of Law Enforcement Criminal Justice Standards and Training
Trust Fund.
(d) Twelve dollars must be remitted to the Miami Dade County School District and
must be used for school security initiatives, for student transportation, or to
improve the safety of student walking conditions.
(e) Five dollars shall be retained by the city for School Crossing Guard Recruitment
and Retention Program pursuant to Florida Statute §316.1894.
If a person who is mailed a notice of violation or a uniform traffic citation presents documentation
that the notice of violation or uniform traffic citation was in error, clerk to the local hearing
officer may dismiss the case. Clerk to the local hearing officer may not charge for this
service.
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.
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Section 5.INCLUSION IN 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 section of this
Ordinance may be renumbered or relettered and the word “Ordinance” may be changed
to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of
which shall accomplish the intentions herein expressed.
Section 6.EFFECTIVE DATE: This Ordinance shall become effective immediately
upon its final passage.
PASSED ON FIRST READING ON THE 24TH DAY OF JANUARY, 2024.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS
AT ITS REGULAR MEETING HELD ON FEBRUARY 14, 2024.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: COUNCILWOMAN LINDA JULIEN
Moved by: Councilman Leon
Seconded by: Councilwoman Julien
VOTE: 7-0
Mayor Harris Yes
Vice Mayor Wilson Yes
Councilwoman Campbell Yes
Councilwoman Ighodaro Yes
Councilwoman Julien Yes
Councilman Leon Yes
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Councilman Stephens, III Yes
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