8479-13ORDINANCE NO. 8479 -13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO RED - LIGHT - CAMERA ENFORCEMENT;
AMENDING SECTION 30.020, CLEARWATER CODE OF
ORDINANCES, TO ESTABLISH PROCEDURES FOR
HEARINGS BEFORE A LOCAL HEARING OFFICER;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, amendments to Section 316.0083, Florida Statutes, contained in
House Bill 7125, provide the registered owner of the motor vehicle or the person in
physical control of the motor vehicle at the time the motor vehicle failed to stop at a red
Tight being monitored by a "traffic infraction detector" with the option of requesting a
hearing before a "local hearing officer" to contest a notice of violation issued pursuant to
Section 316.0083, Florida Statutes; and
WHEREAS, Section 316.0083, Florida Statutes, requires the municipality issuing
the notice of violation to designate a "local hearing officer" as defined in Section
316.003(91), Florida Statutes, for the purpose of conducting a hearing pursuant to
Section 316.0083; and
WHEREAS, Section 316.0083, Florida Statutes, establishes procedures for
hearings before a local hearing officer; and
WHEREAS, Section 316.0083(5)(e), Florida Statutes, authorizes the local
hearing officer at the conclusion of the hearing to require the violator to pay municipal
costs not to exceed $250 in addition to the current $158 penalty if the notice of violation
is upheld; 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 amended as
follows:
Sec. 30.020. Red Tight camera enforcement ordinance; hearings before a local
hearing officer.
(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. The City of Clearwater hereby exercises its
option under Laws of Florida, Chapter 2010 -80 (Sections 316.008(7) and 316.0083,
Ordinance No. 8479 -13
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.
(4) Use of a local hearing officer. A local hearing officer appointed by the city council
shall preside over hearings requested by a person issued a notice of violation pursuant
to Section 316.0083(1)(a), Florida Statutes. The local hearing officer shall be an
attorney at law admitted to the practice of law in the state and a member in good
standing with the Florida Bar Association. The following procedures shall apply to
hearings before a local hearing officer:
Any person who elects to request a hearing before a local hearing
officer pursuant to Section 316.0083(1)(b), Florida Statutes, herein referred to as
the "petitioner," shall be scheduled for a hearing by the city clerk to appear
before the local hearing officer with notice to be sent to the petitioner by first -
class mail.
(b) The traffic infraction enforcement officer shall provide a replica of the
traffic notice of violation data to the city clerk within 14 days from the date the city
clerk receives the petitioner's request for a hearing.
Upon receipt of the notice of the hearing scheduled before the local
hearing officer, the petitioner may reschedule the hearing once by submitting a
written request to reschedule to the city clerk, at least 5 calendar days before the
day of the originally scheduled hearing.
(d) The petitioner may cancel his or her appearance before the local
hearing officer by paving the penalty assessed under Section 316.0083, Florida
Statues, plus $50 in administrative costs, before the start of the hearing.
(eZ All testimony at the hearing shall be under oath and shall be recorded.
The local hearing officer shall take testimony from a traffic infraction enforcement
officer and the petitioner, and may take testimony from others. The local hearing
officer shall review the photographic or electronic images or the streaming video
made available under Section 316.0083, Florida Statutes. Formal rules of
2 Ordinance No. 8479 -13
2014.
evidence do not apply, but due process shall be observed and govern the
proceedinqs.
At the conclusion of the hearing, the local hearing officer shall
determine whether a violation under Section 316.0083(1)(a), Florida Statutes,
has occurred; in which case, the hearing officer shall uphold or dismiss the
violation. The local hearing officer shall issue a final administrative order
including the determination and, if the notice of violation is upheld, require the
petitioner to pay the penalty assessed pursuant to Section 316.0083, Florida
Statutes, and may also require the petitioner to pay city costs, not to exceed
$250. The final administrative order shall be mailed to the petitioner by first -class
mail.
An aggrieved party may appeal a final administrative order consistent
with the process provided under Section 162.11, Florida Statutes.
Section 2. This ordinance shall take effect
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
AS AMENDED
November 7, 2013
January 1,
November 20, 2013
- Q,o(1Q Cr \405
George N. Cretekos
Mayor
Approved as to form: Attest:
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Robert Surette
Assists City Attorney
Rosemarie Call
City Clerk
3 Ordinance No. 8479 -13
MOTION TO AMEND ORDINANCE NO. 8479 -13 ON SECOND READING
Amend the effective date of the ordinance to become effective January 1, 2014.
/ //
Pamela K. Akin
City Attorney
November 20, 2013