08-1246 Traffic Light Safety Ordinance

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violation, and to provide for enforcement of such violations; and WHEREAS, Opinion 05-41 of the Attorney General of the State of Florida, dated July 12, 2005, issued to Samuel S. Goren, City Attorney for the City of Pembroke Pines, confirms the authority of the City to enact an ordinance making the failure to stop at a red light indication a code violation, to use unmanned cameras to monitor intersections in the City for such code violations, and to record the license tag numbers of vehicles involved in such violations; and WHEREAS, the Attorney General has opined that the cities may not issue traffic citations under the State law to drivers for violations observed by the use of unmanned cameras and not otherwise observed by law enforcement officers; and WHEREAS, in order to be consistent with State law and the referenced Attorney General Opinion, the City will not issue the uniform traffic citation prescribed by Chapter 316, Florida Statutes, and will not prosecute offenses of this Ordinance through the County Court, but, rather, through the City's code enforcement program, procedures and processes; and WHEREAS, the City Commission of the City of Casselberry finds it to be fair and reasonable to use the same procedure used by the State to enforce toll violations through unmanned cameras, and to provide alleged violators with the opportunity to have a hearing within the City using the City's code enforcement procedures, program, and processes; and WHEREAS, the City Commission of the City of Casselberry finds that implementation of the enforcement program as set forth in this Ordinance will promote, protect and improve the health, safety and welfare of its citizens, consistent with the authority of and limitations on the City pursuant to the Constitution of the State of Florida and the Florida Statutes. NOW, THEREFORE, BE IT ENACTED by the City Commission of the City of Casselberry, Florida: SECTION 1. LeQislative FindinQs And Intent/Purpose. a. The foregoing recitals (whereas clauses) are hereby adopted as the legislative findings of the City Commission of the City of Casselberry. b. The purpose of this Ordinance is to authorize the use of unmanned cameras/monitoring systems to promote compliance with red light signal directives as set forth in this Ordinance, and to adopt a civil enforcement system for red light signal violations. This Ordinance will supplement law enforcement personnel in the enforcement of red light signal violations and shall not prohibit law enforcement officers from issuing a citation for a red light signal violation in accordance with normal statutory traffic enforcement techniques. 2