8233-10ORDINANCE NO. 8233-10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
AUTHORIZING THE CITY TO PERMIT AND IMPLEMENT THE USE OF
TRAFFIC INFRACTION DETECTORS FOR RED LIGHT INFRACTIONS
PURSUANT TO STATE LAW; PROVIDING FOR ADMINISTRATION
AND ENFORCEMENT; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature passed House Bill 325 during the 2010
Legislative Session, authorizing the use of red light cameras as traffic infraction
detectors to enforce Sections 316.074(1) and 316.075(1)(c)1., Florida Statutes (2010);
and
WHEREAS, on May 13, 2010 Governor Charlie Crist signed House Bill 325 into
law, resulting in the Laws of Florida, 2010-80, taking effect on July 1, 2010, which,
among other things, expressly preempts to the State of Florida the use of cameras,
referred to in the State Act as part of a system of equipment comprising traffic infraction
detectors and defined therein, to enforce the provisions of Sections 316.074(1) and
316.075(1)(c)1., Florida Statutes (2010); and
WHEREAS, the running of red lights continues to be a safety hazard affecting all
citizens traveling by roads in the City of Clearwater; and
WHEREAS, the City Council of the City of Clearwater wants to further reduce the
running of red lights by implementing Laws of Florida 2010-80; and
WHEREAS, the City Council of the City of Clearwater finds that implementation
of an enforcement program pursuant to the State Act as set forth herein will promote,
protect and improve the health, safety and welfare of its citizens;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 30.020, Clearwater Code of Ordinances, is hereby created
as follows:
Sec. 30.020. Red Light Camera Enforcement Ordinance.
1 Intent.
The purpose of this Ordinance is to protect the health, safety, and welfare of the
citizens of the City of Clearwater, by specifically authorizing and implementing the use
of traffic infraction detectors, as prescribed by Laws of Florida, Chapter 2010-80, within
the City's jurisdictional limits.
(2) Use of Traffic Infraction Detectors.
Ordinance No. 8233-10
The City of Clearwater hereby exercises its option under Laws of Florida,
Chapter 2010-80 (Sections 316.008(7) and 316.0083, Florida Statutes (2010)) to use
traffic infraction detectors within its jurisdiction and to authorize a traffic infraction
enforcement officer under Section 316.640, Florida Statutes (2010) to issue a traffic
citation for a violation of Section 316.074(1) or Section 316.075(1)(c)1., Florida Statutes
(2010).
(3) Implementation of General Law.
The City Manager is authorized to take all steps necessary to implement the
provisions and requirements of Laws of Florida, 2010-80, within this jurisdiction in
coordination with the Clearwater Police Department. The Clearwater Police Department
shall be enabled by this Ordinance to oversee the Red Light Camera Enforcement
Program on behalf of the City. This Ordinance shall further enable the City of
Clearwater to enter into agreements with vendors authorized to carry out services
consistent with implementation and enforcement of the provisions of Laws of Florida
2010-80.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
_December 2, 2010
December 16, 2010
Approved as to form:
Robert J. re e
Assistant City Attorney
/,/ A4;"e-w-
Frank V. Hibbard
Mayor
Attest:
Rosemarie Call
City Clerk
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Ordinance No. 8233-10