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Ord 50-08ORDINANCE NO. 50-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW CHAPTER 74, "CIVIL TRAFFIC ENFORCEMENT", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY ENACTING NEW SECTIONS 74.Q1 THROUGH 74.16, PROVIDING FOR "INTENT", "USE OF IMAGE CAPTURE TECHNOLOGIES", "DEFINITIONS", "ADHERENCE TO RED LIGHT TRAFFIC CONTROL SIGNALS", "VIOLATION", "REVIEW OF RECORDED IMAGES", "NOTICE OF VIOLATIONI INFRACTION", "VEHICLE OVi'lNER RESPONSIBILITIES", "APPF;AL TO HEARING OFFICER", "VEHICLE OWNER AFFIDAVIT OF NON-RESPONSIBILITY", "PENALTY", "ADMINISTRATIVE CHARGES", "COLLECTION OF FINES", "EXCEPTIONS", "APPEAL OF ORDER", AND "ENFORCEMENT", TO PROVIDE FOR THE USE OF A CODE ENFORCEMENT MECHANISM FOR INTERSECTION SAFETY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach 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; and WHEREAS, the running of red lights causes a safety hazard affecting every citizen and traveler in the City of Delray Beach; and WHEREAS, the violation of red light traffic signals is recognized as the number one cause of urban motor vehicle collisions; and WHEREAS, the National Highway Traffic Safety Administration recognizes the act of violating a red light traffic signal as the most dangerous form of aggressive driving; and WHEREAS, the National Safety Council has adapted a new public policy supporting the use of automated enforcement {Red Light Cameras and Speed Cameras} for traffic safety. WHEREAS, the apprehension of violators of red light traffic signal through means of law enforcement observance, chase and citation is difficult, dangerous and expensive; and WHEREAS, the installation and use of traffic control photographic systems permit law enforcement resources to be efficiently utilized in responding to other serious criminal and traffic offenses; and, WHEREAS, red light legislation penalizing or assessing civil fees against the owner of ; motor vehicle has proven extremely effective at reducing red light viala.tion and traffic accidents; and WHEREAS, the City finds it to be fair and reasonable to use the same procedure employed by the state of using unmanned cameras to enforce toll violations on the State's system of toll roads that has been determined to be fair, reasonable and sufficient by the State 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 laws requiring drivers of motor vehicles to stop for red lights and will have the effect of freeing law enforcement personnel to respond to other, and sometimes more significant, incidents as well as serious crime; and WHEREAS, Section 316.008, Florida Statutes, grants municipalities, with respect to streets and highways under their jurisdiction and within reasonable exercise of the police power, the authority to regulate and monitor traffic by means of law enforcement officers and security devices; and WHEREAS, the City of .Delray Beach is vested with home rule authority pursuant to Article VII, Section 2 of the Constitution of the State of Florida and Chapter 166, Florida Statutes, to enact an ordinance making the failure to stop far a red light indication a code violation, and to provide far 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 far a red light indication a code violation, to use unmanned cameras to monitor intersections in the City far such code violations, and to record the license tag numbers of vehicles involved in such violations; and WHERF,AS, the Attorney General has opined that the cities may not issue uniform 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 issue a Notice of Infraction for failure to stop at red lights to a registered owner of a vehicle for a violation of this ordinance and will not utilize uniform traffic citations prescribed by Chapter 316 of the Florida Statutes for violation of this ordinance and will not 2 ORD. NO. 50-08 prosecute offenses of this Ordinance through the County Court, but, rather, through the City's Cade enforcement program, procedures and processes; and WHEREAS, the City wishes to reduce the running of red lights by creating an additional enforcement mechanism to protect the public health, safety and welfare by implementing an automated photographic red light traffic enforcement system in efforts to reduce violations of steady red traffic signals at intersections in the City of Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 74, "Civil Traffic Enforcement", of the Code of Ordinances of the City of Delray Beach, is hereby enacted to read as follows: Cl iA.I'TER 74. CIVIL TRAFFIC ENFC?RCEMENT. Sec. "74.01. INTENT. The purpose of this chapter is to authorize the use of an unmanned cameraslmonitoring stem to promote compliance with red light signal indicators as described by this chapter, and to adapt a civil enforcement system for red light signal violations. Failing to stop at steady red light signal places the offending vehicle in violation of the city intersection safety ordinance. This ordinance prohibits vehicles from obstructing occupying ar passing into an intersection when a steady red light is projected from a traffic control device. This ordinance will also supplement law enforcement personnel in the enforcement of red light signal violations and shall not prohibit county. state or local law enforcement officers from issuing a citation for a red light signal violation in accordance with normal statutory traffic enforcement techniques. Sec. 74.02, USE C?F IMAGE CAPTURE TECHNQLQGIES, The City shall utilize unage capture technologies as a supplemental means of monitoring compliance with laws related to traffic control signals, while assisting law enforcement personnel in the enforcement of such laws, which are designated to protect and improve public health, safety and welfare. This section shall not supersede, infringe, curtail or impinge upon state or county laws related to red light signal violations or conflict with such laws. This ordinance shall serve to enable the City to provide enhanced enforcement and res~aect for autharize~ traffic signal devices. The Cif may utilize image capture technologies as an ancillary deterrent to traffic control signal violations and to thereby redlzce accidents and injuries associated with such violations. Notices of infractions issued pursuant to the ordinance shall be addressed using the City's awn Cody Enforcement Hearing Officer pursuant to Section 37.45 of the Cade of Ordinances of the City o~ Beach and not through the uniform traffic citations or county courts. "I"lus shall not bar the use of uniform traffic 3 ORD. NO.50-08 citations and the county courts when Citespolice personnel decide not to rely on this ordinance as the enforcement mechanism for a specific violation. Sec. 74.03. DEFINITIONS. The following definitions shall agt~ly to this ordinance: Intersection shall mean the area embraced within the prolongation or connection of the lateral curb line: or, if none, then the lateral boundary lines of the roadways of two roads which join or intersect one another at, or approximately at, right angles; or the area within which vehicles traveling ut~on different roads joining at any other angle may come in conflict. Motor vehicle shall mean any self-propelled vehicle not operated upon rails or guide way, but not including any bicycle or electric personal assisted mobility device, moped or motorized scooter. Notice of Infraction shall mean a City of Delray Beach citation issued for a Red Zone Infraction. 0lvner or vehicle olvner shall mean the person or entity identified by the state department of motor vehicles, or other state vehicle registration office, as the registered owner of a vehicle. Such term shall also mean a lessee of a motor vehicle pursuant to a lease of six months or more. Kecorded imager shall mean images recorded by a traffic control signal monitoring system/device on: Two or more photographs; Two or more electronic images; Two or more digital images: Digital or video movies; or Any other medium that can display a violation; and that shows the rear of a motor vehicle and on at least one image, clearly identifying the license plate number of the vehicle. Ked done infraction shall mean a traffic offense whereby a traffic control signal monitoring stem established that a vehicle entered an intersection controlled by a duly erected traffic ORD. NO. 50-08 control device at a time when the traffic control signal for such vehicle's direction of travel was emitting a steady red signal. Hearing O,~zcer shall mean the City's Code Enforcement Hearing Officer, as described in Chapter 37, Section 37.45 ~~-ual of the Code of Ordinances of the City of Dekay Beach. Tragic control infraction review officer shall mean the City Police Department employee designated by the City Police Chief to review recorded images and issue Red. Zone Infractions based upon those images. Traf~ic control rignal shall mean a device exhibiting different colored lights or colored lighted arrows, successively one at a time or in combination, using only the colors green,~yellow, and red which indicate and apply to drivers of motor vehicles as provided in F.S. 31 Tra c contrnl.ri~nal monitoring .ryftem/device shall mean an electronic system consisting of one or more vehicle sensors, working in conjunction with a traffic control signal, still camera and video recording device, to capture and produce recorded images of motor vehicles entering an intersection against a stead red light signal indication. Sec. 74.04. ADHERENCE TO RED LIGHT TRAFFIC CONTROL SIGNALS. Motor vehicle traffic facing a traffic control signal's steady red light indication shall stop before entering the crosswalk on the rear side of an intersection or, if none, then before entering the intersection and shall remain standing until a green indication is shown on the traffic control signal; however, the driver of a motor vehicle which is stopped at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection in obedience of a steady red traffic control signal, may make a right turn (unless such turn is otherwise prohibited by posted sign or other traffic control device but shall yield right-of--way to pedestrians and other traffic proceeding as directed bX the traffic control signal at the intersection. Sec. 74.05. VIOLATION. A violation of this ordinance known as a Red Zone Infraction shall occur when a motor vehicle does not comply with the requirements of Chapter 74. Violations shall be enforced pursuant to Chapter 74. This ordinance shall not prohibit law enforcement personnel from issuing a citation for a red light signal violation in accordance with standard statutory enforcement techniques. This section shall not supersede, infringe, curtail or impinge upon state laws related to red light signal violations or conflict with such laws. Notices of infractions issued pursuant to this ordinance shall not be by the Florida Uniform Traffic Citation and shall not be subject to prosecution or appeal in the County courts. ORD. NO. 50-08 Sec. ?4.06. REVIEW OF Il;ECORI3EI} IMAGES, ~A) The owner of the vehicle which is observed b~ recorded images committing a Red Zone Infraction shall be issued a Notice of Infraction. The recorded image shall be sufficient grounds to issue a city Notice of Infraction. fB) The City shall designate a Traffic Control Infraction Review Officers} who shall meet the qualifications set forth in F.S. X943.13 or F.S. §316.640t5)~A), or any ather relevant statute. The Traffic Control Infraction Review Officer shall review recorded images Prior to the issuance of a Notice of Infraction to ensure accuracy and the integ_rit~ of the recorded images. The Traffic Control Infraction Officer shall also verify that the traffic control monitaring s~stemldevices which caFtured the retarded images was functioning FroFerly at the time the recorded images were captured. Once the Traffic Cantrol Infraction Review Officer has verified the accuracy of the recorded images and functionality of the traffic control monitoring systemldevices, he or she shall comFlete a reFort, and a Notice of Infraction shall be sent to the vehicle owner at the address on record with the Florida De,~artment of Highwa~r Safety and Motor Vehicles or the address on record with the ap~roFriate as~ent~ having such information in another state. Sec, 74,07, NOTICE OF VIOLATIONIINFRACTION. The notice of violationlinfraction shall include: ~A) The name and address of the vehicle owner: ,(B) The license Plate number and registration number of the vehicle: .(C) The make, model, and near of the vehicle: jD~ Notice that the violation charged is Pursuant to this ordinance: ~E~ The location of the intersection where the vialation occurred: ~F} The date and time of the Red Zone Infraction: fG~ Notice that the recorded images relating to the vehicle and a statement that the recorded images are evidence of a Red Zone Infraction: ORD. N0.50-OS ~Hl The civil laenalty im~ased; (I~ Images depicting violation; ~,~ A signed statement by the Trafhc Control Infraction Offieer that, based on ins,~ection of recorded images, the vehicle was involved in a Red Zone Infraction; Infraction. ~~ The procedures for ~ayrnent of the civil penalty and .contesting the Notice of Sec. 74A8. ti~EHICLE C}~~NER FEPONSIBILTIES. ~A~ A vehicle owner receiving a Notice of Infraction may„ within ~34~-t3urty days of the date of the Notice of Infraction: Infraction; or ~1} Pay the assessed civil penalty pursuant to instructions on the Notice of (2, Request an a~~eal before the Code Enforcement Hearing Officer to contest the Notice of Infraction pursuant with procedures as outlined in this ordinance. The failure to comply with the provisions of this section within (30~ thirty davs from the date of the Notice of Infraction shall constitute a waiver of the right to contest the Notice of Infraction and will be considered an admission of liability and in such case an order may be entered against the violator for an amount u~ to the maximum civil penalty, play administrative costs. ORD. NO. 54-08 Sec, 74.09. APPEAL TO HF;ARING OFFICER The City's Hearing C-fficer is authorized to consider meals under this ordinance, Within thirty ~30Lys of the date of the Notice of Infraction, the vehicle owner may file an a~~eal with the City Code Enforcement Hearing Officer pursuant to the directions on the Notice of Infraction, A hearing on the a~~eal shall be scheduled for all meals in which the vehicle owner requests such a hearing within thirt~T~ dais, except those in which the vehicle owner submits an affidavit pursuant to Section 74.1 Q in which the vehicle owner affirms under ~enalt;~f~erjury that the vehicle was not under his or her care. custody, or control or that of someone with the vehicle owner's consent. Upon receipt of the request far an a~t~ea~ty shall schedule a hearing before the hearing officer to occur not later than sixty (60Lys after the City's receipt of the Notice of A~~eal. A Notice of Hearing_ shall be provided to the vehicle owner no less than ten (10~ys prior to the hearing and shall be Isrovided by certified and U.S. mail to the same address to which the Native of Infraction was sent. ~~ The following shall be bern~issible grounds for an alp j1~ At the time of the infraction, the vehicle was not under the care, custody, or contro of the vehicle owner or an individual with vehicle owner's consent, established pursuant to affidavit as provided in Sec. 74.10. The motor vehicle driver was issued a citation by a law enforcement officer, which was selaarate and distinct from the citation issued under this section. for violating the steady red traffic control signal: (3) The motor vehicle driver was required to violate the stem red traffic control signal in order to comply with other~averning laws: (4~ The motor vehicle driver was required to violate the steady red traffic control signal in order to reasonably~ratect the,~ro~erty or laerson of another; ~5) The steady red traffic control signal was ina~erable or malfunctioning; ar ,~6~ Any other reason the Hearing Officer deems a~~ro~riate. ,~C) All testimony before a Hearing Officer shall be under oath and shall be recorded, OTtD. N0.50-08 ~) The traffic control infraction officer may testify at the hearing. The vehicle owner ma~then Present testimony and evidence. ~E1 The formal rules of evidence shall not apply, but fundamental due Process shall be observed and shall,govern the Proceedings. ~~ Recorded images indicating a Red Zone Infraction, verified by the traffic control infraction review officer, are admissible in any_,proceeding before the City's Hearing Officer to enforce the Provisions of this Chapter, and shall constitute prima facie evidence of the violation. f G~Pon deternunarian of the Hearing Officer irrelevant immaterial and unduly repetitious evidence may be excluded but, all other evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs shall be admissible. ~,~ Unless an affidavit is Provided Pursuant to Sec. 74,10, 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 rime of a Red Zone Infraction. Sec. 74,10. VEHICLE OWNER AFFIDAVIT OF NON-RESPONSIBILITY, In order for the vehicle owner to establish that the motor vehicle was. at the time of the Red Zane Infraction either: ~ in the care, custody. or control of another Person without the consent of the registered owner: or ~b,~ was subject to a short term ~ess than six months car rental agreement entered into between a car rental agency, which is licensed as required by applicable law and is authorized to conduct business in the state, and the operator of the vehicle. The vehicle owner is required within twenty-one X21) days from the date fisted on the Notice, to furnish to the City, an affidavit setting forth the circumstances demonstrating, either: (a) that the motor vehicle was not in the vehicle owner's care, customs. or control, and was not in the care, custody or control of another Person with the vehicle owner's consent, or ~bl that the motor vehicle was subject to a short term Mess than six months) rental agreement between the car rental agency receiving_the notice and the vehicle operator and Provide a true and correct coPv of the short term car rental agreement, as applicable, T'he affidavit must be executed in the Presence of a notary, and include: ~A) If known to the vehicle owner, the name, address. and driver's license number of the Person who had care, custody, or control of the motor vehicle, without the vehicle owner's consent, at the rime of the alleged Red Zone Infraction: or ORD. NO.50-08 tB,} The name, address and driver's license number of the person who rented the motor vehicle from the car rental agency which has received the Notice, at the time of the alleged Red Zone Infraction; or ,~C} If the vehicle was stolen. the police report indicating the vehicle was stolen at the time of the alleged Red Zone Infraction; and jD} The following Language immediately above the signature line: "Under ,penalties of perjury, I declare that I have read the foregoing affidavit and the facts stated in it are true". Upon timely receipt of a sufficient affidavit pursuant to this section, an~,prosecutian of the notice issued to the vehicle owner shall be terminated. I'roeeedings may be commenced_y the City against the responsible person identified in the affidavit, and in such event, the responsible person shall be subject to the same process and procedures which are afs~licable to vehicle owners. Sec. 74.11 PENALTY. A violation of this ordinance shall be deemed anon-criminal. non-moving violation for which a civil penalty in the amount $125.00 shall be assessed. As the violation relates to this ordinance and not to the state statutes no aints as otherwise rovided in F.S. 322.27 shalt be recorded on the driving record of the vehicle owner ar responsible pT Sec. 74.12. ADMINISTRATPir:E CHARGES, In addition to the penalty pursuant to Sec. 74.11, there shalt be imposed and assessed against the violator an administrative cost of $25.00 in the event of an unsuccessful appeal of the Notice of Infraction. Sec. 74.13. CC}LLECTI(}N C}F FINES. The Cit; may establish procedures far the collection of a penalty imposed herein and may enforce such penalty by civil action in the nature of debt collection. Sec. 74.14. EXCEPTIC}NS, 'I"his ordinance shall not any to Red Zone Infractions involving vehicle collisions or to any authorized emergency vehicle responding_ to a bona fide emergency; nor shall a notice be issued in any case where the operator of the vehicle was issued a citation for violating the state statute regarding the failure to stop at a red light indication for the same event or incident. Sec. 74.15. APPEAL OF C}RDER, 10 gRD. NC?. 50-08 An aggrieved party, including the City, may appeal an Order of a hearing officer to the appellate division of the Circuit Court by Writ of Certiorari as stated in Sec. 37.45(M) of the City of Delray Beach Cade of Ordinances. Sec.74.1G. ENFORCEMENT. This ordinance may be enforced by any other means available to the City. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, ar word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That ali ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That tltis ordinance shall become effective immediately upon its passage an sec~~ond and final reading. <~~`' PASS D AND DOPTED in regular session on second and final reading on this the day of , 200E. /'~ , ` ~C~ ~ ' \ MAYOR ATTEST CITY CLER,.K First Reading, ~~ Second Readin ~~ ~ ~+ ° 11 ORD. NO. 50-0$ MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 10, 2008 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 ORDINANCE NO.50-08 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading by enacting a new Chapter 74, "Civil Traffic Enforcement", of the Code of Ordinances, by enacting new Sections 74.01 through 74.16, providing for "Intent", "Use of Image Capture Technologies", "Definitions", "Adherence to Red Light Traffic Control Signals", "Violation", "Review of Recorded Images", "Notice of Violation/ Infraction", "Vehicle Owner Responsibilities", "Appeal to Hearing Officer", "Vehicle Owner Affidavit of Non- responsibility", "Penalty", "Administrative Charges", "Collection of Fines", "Exceptions", "Appeal of Order", and "Enforcement", to provide for the use of a code enforcement mechanism for intersection safety. BACKGROLTND At the first reading on November 3, 2008, the Commission passed Ordinance No. 50-08. RECOMMENDATION Recommend approval of Ordinance No. 50-08 on second and final reading. MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine Kozal, Police Legal Advisor THROUGH: City Attorney DATE: October 29, 2448 SUBJECT: AGENDA ITEM 12 A -REGULAR CtJMMISSION MEETING C1F NQVEMBER 3, 2008 C}RDINANCE 54-08 ITEM BEFORE COMMISSION Ordinance 54-48 will allow the City to protect the health, safety and welfare of the public by issuing an Ordinance Violation for vehicles that are observed running red lights by a traffic control monitoring system/device. BACKGROUND Numerous studies have shown that the running of red lights are a major cause of motor vehicle collisions and are a safety hazard affecting other drivers as well as pedestrians. (See #7 in the attached Q&As: Red Light Cameras.} Various National organizations, including the Governors Highway Safety Association, International Association of Chiefs of Police, and the Insurance Institute for Highway Safety, have supported the use of traffic control monitoring devices for more effective and efficient traffic law enforcement. Just recently on October 2, 2448 the National Safety Council adopted a new public policy supporting the use of automated enforcement (red light cameras and speed cameras} for traffic safety. While there have been some concerns raised regarding the installation of red light cameras, such as individuals braking suddenly to avoid running a red light and possibly causing a rear end collision, and the passibility of challenges to the system and ordinance, the positive reasons far installation greatly outweigh them. Not only has it been shown that these cameras have become deterrents for people running red lights, but this system will allow law enforcement to focus more of their time on criminal activity in the area resulting in a better use of personnel and resources. Moreover, these cameras can be a valuable device to aid law enforcement in determining perpetrators of crime if they travel through a monitored intersection as well as assist traffic accident investigators in their investigations. RECOMMENDATION That the City Commission approve the ordinance on first reading. Q&AS: Red light Cameres l~,~Uli~lfti~;Cs 1N~]°Td'I.I'1'I ~ ',#.. t~`'~':~ p"~a``y~ ~,, w I"~Zii~ 1f`~ f 19 l f d l Vehicle ratings ~ News ~ Consumer brochures & videos ~ Research & stats ~ Laws & regs ', Status Report newsletter QL~~;As: Iced light cameras February 2008 Show all answers Video: automated traffic law enforcement 1 ~ What is red light running? A violation occurs when a motorist enters an intersection same time after the signal light has turned red. Motorists inadvertently in an intersection when the signal changes to red (waiting to turn left, for example) are not red light runners. 2 ~ Is red light running a big problem? A nationwide study of fatal crashes at traffic signals in 1989 and 20{}0 estimated that 20 percent of the drivers involved failed to obey the signals. In 2006, almost 900 people were killed and an estimated 144,000 were injured in crashes that involved red light running. About half of the deaths in red light running crashes are pedestrians and occupants In other vehicles who are hit by the red light runners. Motorists are mare likely to be injured in urban crashes involving red light running than in other types of urban crashes. Institute researchers studied police reports of crashes an public roads in four urban areas during 1990-91, occupant injuries occurred in 45 percent of red light running crashes, compared with 30 percent of other crash types.2 Red light running crash 4 ~ Wha runs red lights? The Institute created a profile of red light runners by studying driver behavior at an Arlington, Virginia, intersection equipped with a http:(jwww.iihs.org/reSearChjganda/rlr.html {1 of 6} [lOJ3Q12008 11:51:4? AM] +,+ r.~ v+v+tat+uiia v~t.,ut+cu trvtrt i7+Yt ttvu+a, +Ut ct v1U+tit1UII IQtC UI J.G FJCI IIUUI r..7G( i(I[G(`sC[:[IU(7.-` Q&As: Red fight cameras red light camera. The 19J6 study compared red light runners with motorists who had an opportunity to run a red light but did not. As a group, red light runners were younger, less likely to use safety belts, had poorer driving records, and drove smaller and older vehicles than drivers who stopped for red lights. Red light runners were more than three times as likely to have multiple speeding convictions on their driver retards. No gender differences were found between violators and drivers who did not run red lights.5 A 2007 study in Sacramento, California, found about 30 percent of red light runners were under 30 years of age.6 5 ~ What are red light Cameras? Red light cameras can help communities enforce traffic laws by automatically photographing vehicles whose drivers run red lights. A red light camera system is connected to the traffic signal and to sensors that monitor traffic flow at the crosswalk or stop line. The system continuously monitors the traffic signal, and the Camera is triggered by any vehicle entering the intersection above a preset minimum speed and following a specified time after the signal has turned red, Violations occurring within 2/10ths of a second after the signal Changes to red generally aren't recorded because of technical limitations of the recording equipment. In addition, many red light Camera programs provide motorists with grate periods of up to 1/2 second. Depending on the particular technology, a series of photographs and/or video images show the red light violator prior to entering the intersection on a red signai, as well as the vehicle's progression through the intersection. Cameras retard the date, time of day, time elapsed since the beginning of the red signal, vehicle speed, and license plate. Tickets typically are mailed to owners of violating vehicles, based on review of photographic evidence. Red light camera violation photo 6 ~ Isn't conventional police enforcement sufficient? Enforcing traffic laws in dense urban areas by traditional means poses special difficulties for polite, who in most rases must foNow a violating vehicle through a red light to stop it. -Phis can endanger motorists and pedestrians as well as officers, and police Cannot be everywhere at once, Traffic stops in urban areas can exacerbate traffic congestion. Communities do not have the resources to allow police to patrol intersections as often as would be needed to ticket all motorists who run red lights. Red light Cameras allow polite to focus on other enforcement needs, 7 ~ What safety benefits do red light Cameras provide? Cameras have been shown to substantially reduce red light violations. Institute evaluations in Fairfax, Virginia, and Qxnard, California, showed that Camera enforcement reduced red light running violations by about 40 percent.3~7 In addition to reducing red light running at camera-equipped sites, violation reductions in both communities tarried over to signalized intersections not equipped with red light Cameras, indicating community-wide Changes in driver behavior, An Institute evaluation of red light Cameras in Philadelphia, Pennsylvania, found that after red light violations were reduced by 36 percent following increased yellow signal timing, the addition of red light Cameras further reduced red light violations by 96 percent.$ In addition to reducing' red light violations, cameras have been shown to reduce intersection trashes. In Qxnard, California, significant citywide trash reductions followed the introduction of red Gght Cameras, and injury trashes at intersections with traffic signals were reduced by 29 percents Front-into-side collisions--the Crash type most Closely associated with red light running -were reduced by 32 percent overall, and front-into-side Crashes involving injuries were reduced by 68 percent. An http:Jjwww.Iihs.orgjresearchjgandalrlr.htmt {2 of 6} [loj3oj2oos 11:51:47 AM] Q&As: Red light Cameras Institute review of international red light camera studies concluded that cameras reduce red light violations by 40-50 percent and reduce injury crashes by 25-30 percent.1a Some studies have reported that while red light cameras reduce front-into-side collisions and overall injury crashes, they can increase rear-end crashes. Because the types of crashes prevented by red light cameras tend to be mare severe than rear- end crashes, research has shown there is a positive aggregate benefit. A recent study sponsored by the Federal Highway Administration evaluated red light camera programs in seven cities. 1 The study found that, overall, right-angle crashes decreased by 25 percent while rear-end collisions increased by 15 percent. Results showed a positive aggregate economic benefit of more than $18.5 million over 370 site years, which translates into a crash reduction benefit of approximately $39,000 per site year. The authors concluded that the economic costs from the increase in rear-end crashes were mare than offset by the economic benefits from the decrease in right-angle crashes targeted by red light cameras. Not all studies have reported increases in rear-end crashes. The Cochrane Collaboration {an international organization that conducts systematic reviews of the scientific literature on public health issues} reviewed 10 controlled before-after studies of red light camera effectiveness in Australia, Singapore, and the United States.12 Using techniques of meta-analysis, the authors estimated a 16 percent reduction in all types of injury crashes and a 24 percent reduction in right-angle crashes. The review did not find a statistically significant change in rear-end crashes. 8 ~ Isn't longer yellow signal timing mare effective than using red light cameras to reduce red light running? While the provision of adequate yellow signal timing is important and can reduce red Eight running, longer yellow timing alone does not eliminate the need or potential benefits of red light cameras. Studies have shown that increasing yellow timing to values associated with guidelines published by the Institute of Transportation Engineers1s can significantly decrease the frequency of red light violations.1~~1s~1s In addition, a 2002 Institute study of modified yellow and all-red traffic signal timing at urban intersections reported that injury crashes were reduced by 12 percent at experimental sites relative to comparison sites,17 An Institute study conducted in Philadelphia, Pennsylvania, evaluated incremental effects on red light running of first lengthening yellow signal timing, followed by introduction of red light camera enforcement.s Yellow signal timing was increased by about one second at two intersections where red light cameras were installed. Results show that while increased yellow signal timing reduced red light violations by 36 percent, the addition of red light camera enforcement further reduced red light violations at these sites by 96 percent beyond levels achieved by the longer yelow signal timing. 9 ~ Da the cameras photograph every vehicle passing through an intersection? No. Cameras are set so that only those vehicles that enter an intersection after the light has turned red are photographed. Vehicles that enter on yellow and are still in an intersection when the light changes to red are not photographed. This technology is intended to identify vehicles driven by motorists who enter an intersection after the signal has turned red. 10 ~ Does someone review the photographs before motorists are ticketed? Yes. Trained police officers or other officials review every picture to verify vehicle information and ensure the vehicle is in violation. Tickets are mailed to vehicle owners only in cases where it is clear the vehicle ran a red light. 11 ~ Do red light cameras violate motorists" privacy? No. l;}riving is a regulated activity on public roads. By obtaining a license, a motorist agrees to abide by certain rules, such as to obey traffic signals. Neither the law nor common sense suggests drivers should not be observed on the road or have their violations documented. Red light camera systems can be designed to photograph only a vehicle's rear license plate, not vehicle occupants, depending on local law. C?nly vehicles driven by motorists who violate the law are photographed. More information on legal issues hltp:JJwww.iihs.org/research/gandajrlr.html (3 of 6) [1oJ3ojzoo8 12:51;47 RM] Q&As: Red light cameras i 2 ~ Are special laws needed to allow lacali#ies to use red light cameras to cite violators? Before cameras may be used for law enforcement, laws must authorize en#oreement agencies to cite red light violators by mail. The legislation must make the vehicle owner responsible far the ticket, establishing a presumption that the registered owner is the vehicle driver at the time of the offense. This can be accomplished either by state statutes or in some states by local legislation. Red light cameras currently are authorized in about half of US states. Depending an state law, violations photographed by red light cameras are commonly treated in one of two ways - as traffic violations or as the equivalent of parking tickets. If, as in New York, red light camera violations are treated like parking citations, the law can make registered vehicle owners responsible without regard to who was driving at the time of the offense. 13 (Are red light camera programs expensive? Camera equipment costs vary based on the type of camera, complexity of the intersection, and technical requirements. A red light camera system with installation costs approximately $100,000. A single red light camera can be used at several locations once the sites are equipped to work with the camera, allowing communities to move cameras among sites without drivers knowing which ones are active at any given time. Startup costs can be offset by fines, savings from crashes prevented, and by freeing police to focus an other enforcement efforts. 14 ~ lsn't the main purpose of red light cameras #o make money? No. The objective of photo enforcement is to deter violators, not to catch them. Signs and publicity campaigns typically warn drivers that photo enforcement is in use. Revenue is generated from fines paid by drivers who continue to run red lights, but this is a fundamental component of all traffic enforcement programs. Independent audits of red light camera enforcement have found that these programs generally da not generate excess revenue. For example, the California state auditor reported in 2082 that red light cameras were not generating large amounts of revenue.18 The financial status of only two of the state's seuen camera programs was break-even or better. The lJS General Accounting Office reported in 2003 on the contribution of federal funds to local use of photo enforcement technology and the amount of revenue generated by these programs.ig The report found that photo enforcement program revenues were lower than program costs in three jurisdictions, while the revenues in two other jurisdictions exceeded program costs. 15 (Does the American public support the use of red light cameras? The large majority of the US public supports red light cameras. A 2000 Institute survey in ten cities -five with cameras and five without -reported that more than 75 percent of drivers supported camera enforcement.~c A 2002 nationwide survey sponsored by the National Highway Traffic Safety Administration and conducted by the Gallup Organization found that 75 percent of drivers favored the use of red light cameras.21 A 1996 survey by the Insurance Research Council found that the highest support far red light cameras was in large cities, where 83 percent of respondents supported their use, compared with 52 percent of respondents in suburbs.~~ 16 ~ Da major t1S cities use red light cameras? Cameras are used for law enforcement in Albuquerque, Atlanta, Baltimore, Chicago, Denver, Houston, Los Angeles, New York City, Philadelphia, Phoenix, San Diego, San Francisco, Seattle, and Washington, DC, plus many smaller communities. US cities with red light cameras 17 ~ What other countries use red light cameras? I Red light cameras have been used in at least 33 foreign countries since the 1970s.zs Countries that use red light cameras http: jJwww.iihs.orgJresearchjgandalrlr.html {4 of 6) [li}J30J2048 11:51:4? AM] PCL xL error Subsystem. VECTOR Error: Insufficienthlemory Operator: SetCursor Position: b9734 ................._ ~.c rr ~~ , Boca RatonJDelray Beach News -Friday & Saturday, November 7-8, 2008 • www.bacanews.com l0A '\'flTIC'£5 I 104 ANNOUNCEMENTS CITY OF DEERAY $EACH,FLORIDA '~, NOTICE OF PU$UC HEARING ' A PUBLIC HEARING will be held o* ~'~ iha follcwing proposed ordinances at 7;40 p.m. on TUESDAY, NOVEM~ $ER 18, 2000 (oc at any continuation 01. scch meeting which is set by the Commission}, in iha Chy GOmmi$si0n Chambers, 740 N.W. tst Avenge; Del- ray Beach, Figrida, ai which tima Iha C+ty Commission will ccnsidar their adoption. The prgpased ordinances may be Inspected ai the Ottrge ai the City Clerk ~ City Nast ltYt N.W. tst Avenr Gesrav $each, Florida, be- Iw~een he of B:C4 a.m, and 5:04 p.m., 1 fay ihrqugh Friday, except holidays. All inieresled parL~ are in- vited to allend and be heard with r< sped to the proposed orGinarues. ORDINANCE N0.50-OB AN__ORDINANCE OF THE CITY COM~ t' CN 4F THE CITY OF DELRAY - i, ELORIOA, ENACTING A N_ a CHAPTEfl 74, "CfVIL TRAFFIC t ~ FORGEMENT", OF THE CODE OF ORCINANCES OF THE CITY OF DELRAY BEACH, $Y ENACTING NEW SECTIONS 74.01 THROUGH T4.i9, PflOVIOtNG FOR "INTENT". "USE OF IMAGE CAPTURE TECN~ NOLOGIES", "DEFINITIONS", "ADHERENCE TO RED LIGHT TRAF~ RC CONTROL SIGNALS', "VIOLATION', °REVIEW OF RE- 'CORDED IMAGES', 'NOTICE 6F Vb OLATION7 INFRACTION`, 'VEHICLE DWNER RESPONStBIL[TIES", 'APPEAL TO HEARING OFFICER`, `VEHICLE OWNER AFFIDAVIT OF NON-flESPONSIBIUTY", "PENALTY", "ADMtNiSTRATiVE CHARGES'. "COLLECTsON OF FINES", "EXCEPTIONS', `APPEAL OF ORDER°, AND "ENFORCEMENT°, TO PROVIDE FOR THE USE OF A CODE ENFORCEMENT MECHANISM FOR iNTERSECT;ON SAFETY; PRO- VIDING ASAVING CLAUSE, A GEN- ERAL REPEALER CLAUSE, ANC AN EFFECTIVE DATE. ORDINANC€ N0.93.09 AN OHDINANCE OF THE CITY COtA- tAISSiON OF THE CITY OF DELRAY BEACH, FLORIDA, h400IFYiNG THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY $EACH; FINDING THAT THE MOD- IFICATIONS CONFORM TO THE COMMUNITY REDEVELOPMENT ACT OF 1599, AS AMENDED; FIND- ING THAT THE MODIFICATIONS ARE CONSISTENT WITH THE CITY OF DELRAY $EACH'S COMPRE- HENSIVE PLAN, ANC MAKING FUR- THER FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS 4F FLORIDA STATUTE i&3.350; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE ANC AN EFFF-'IVE GATE. Please ho ac:ised Thai II a Gerson de- ck^• ,r lecision made by the a. nsign witty ICSpecl 19 IDaidgr¢d al IheS¢ hed(- irrgs, person may need Io ensure Ina! ~ ::.6alim record irtetodaS the' teslim Ony anq evidence upon which the appea!is to tre based. The City does not provide nor prepare Such record nursgant to F.0.295.0+.95. CITY OF DELR AY $EACH Chwella 6. Nabin, GMC City Clerk Pubikh: Friday, November 7, 2009 Boca Raton+Dalray $eadt Naws