CITY OF HALLANDALE BEACH



CITY OF HALLANDALE BEACH

ADMINISTRATIVE POLICY

DATE OF ISSUE: August 25, 2008 NO.: TBA

EFFECTIVE DATE: August 25, 2008 SUBJECT: Automated Red light Enforcement Program

REVISION DATE:

APPROVED: __________________________[pic]

D. Mike Good, City Manager

CROSS REFERENCE: Hallandale Beach City Code 28-226

I. PURPOSE/INTENT:

A. Policy:

The purpose of this Policy is to establish the procedures relating to all facets of the City of Hallandale Beach Automated Red Light Enforcement Solution (ARLS). Standardized procedures and regulations are necessary for the operation and maintenance ARLS and are set out in this Administrative Policy.

B. Goals:

The goals of the City of Hallandale Beach ARLS are as follows:

1. To reduce side impact accidents at all city intersections.

2. To deter and reduce red light running throughout the city.

3. To utilize existing technology and enhance red light enforcement efforts throughout the city.

4. To provide safe vehicle and pedestrian movement throughout the city of

Hallandale Beach.

5. Reduce injuries cause by red light running.

6. Reduce the financial cost of property damage caused by red light running.

II. DEFINITIONS:

Approach: The direction traveling from and proceeding through the intersection.

ARLES: Automated Red Light Enforcement Solution.

Code Violation: A violation of a City of Hallandale Beach City Code

City: The City of Hallandale Beach

Department: The City of Hallandale Beach Police Department.

Infraction: A traffic offense whereby a traffic control signal monitoring system established that a vehicle entered an intersection controlled by a duly erected traffic control device at a time when the traffic control signal for such vehicle’s direction of travel was emitting a steady red signal.

Intersection: 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 upon different roads joining at any other angle may come conflict.

Project Manager: A person who oversees the daily operations of the ARLES/Program

Motor Vehicle: Any self-propelled vehicle not operated upon rails or guide way, but not including any bicycle, motorized scooter, electric personal assisted mobility device, or moped.

Notice of Infraction: A citation issued for a vehicle entering into the intersection against a steady red traffic control signal.

Owner/Vehicle Owner: The person or entity identified by the Florida Department of Motor Vehicles, or other state vehicle registration office, as the registered owner of the vehicle. Such term shall also mean a lessee of a motor vehicle pursuant to a lease of six months or more.

Record Images: Images recorded by a traffic control signal monitoring system/device:

1) On:

a. Two or more photographs

b. Two or more electronic image;

c. Two or more digital images;

d. Digital or video movies; or

e. Any other medium that can display a violation; and

2) Showing the rear of a motor vehicle and on at least one image, clearly identifying the license plate of the vehicle.

Review Officer: A sworn police officer who reviews submitted violations from the vendor to determine if a violation has occurred.

Special Magistrate: The City’s Code Enforcement Special Magistrate or other Magistrate hired by the City.

Stop Bar: Painted white solid marking on the roadway adjacent to the intersection which delineates the beginning of the intersections as well as stopping point for vehicles facing the steady red light indicator.

Traffic Control Signal: 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. §316.075.

Traffic Control Signal Monitoring System/Device: 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 steady red light signal indication.

Vendor: The company providing the Red Light Enforcement Program and needed technology, maintenance and expertise.

III. POLICY/PROCEDURES:

A. General:

1. The Project Manager will be selected by the City Manager and will oversee the daily operation of the ARLES.

2. It is the Project Manager’s responsibility to ensure the vendor is meeting or exceeding all contractual obligations. Conversely, it is the Project Manger’s responsibility to ensure the City is meeting their contractual obligations to the vendor.

3. The Project Manager will issue a report directly to the Chief of Police or his/her designee on monthly basis detailing rate of issuance, total of citable/non-citable violations, and revenue collected from previous month.

4. The Review Officer is responsible for reviewing all evidence packages including still images and video images to determining if a red light violation occurred pursuant to applicable ordinances.

5. Review Officer under no circumstance will be interfered with before, during, and after the review of violation process.

B. Review of Code Violations

1.

2.

C. Issuing of Code Violations

1.

2.

D. Appeals of Code Violations

1. Upon issuance of a Notice of Code Violation the alleged violator may contest the Notice by filing a notice of appeal with the City Clerk within thirty (30) days from the date of Notice of Code Violation is mailed to or personally served upon the registered motor vehicle owner. Failure to file the notice of appeal within this time period shall constitute a waiver of the right to contest the Notice of Code Violation and will be considered an admission.

2. The Notice of appeal must set forth the grounds upon which the registered motor vehicle owner is contesting the Notice of Code Violation. The permissible grounds for a registered motor vehicle owner to contest a Notice of Code Violations are:

a. At the time of the violation, the motor vehicle was being operated without the permission of the motor vehicle owner. This exception applies only if the motor vehicle owner signs and submits an affidavit to the City Clerk, within the thirty (30) days after mailing or personal service of the Notice of Code Violation, which specifically provides that the operator of the motor vehicle was operating the motor vehicle without the permission of the motor vehicle owner and list the full legal name, current address, and driver’s license number of the operator of the motor vehicle, or the affidavit has attached thereto a stolen motor vehicle report that has been filed with a law enforcement agency;

b. The motor vehicle driver was issued a citation by a law enforcement officer, which was separate and distinct from the Notice of Code Violation issued under this Article, for violating the steady red traffic control signal;

c. The motor vehicle driver was required to violate the steady red traffic control signal in order to comply with the other governing laws;

d. The steady red traffic control signal was inoperable or malfunctioning; or

e. Any other reason the trier of fact deems appropriate.

3. A neutral, unbiased hearing officer such as the Code Enforcement Magistrate shall be appointed by the City to hear appeals pursuant to this Section. Within thirty (30) days of the City’s receipt of the notice of Appeal, provided that the notice of appeal is timely filed, the City shall endeavor to schedule a date for the appeal to be heard.

4. During a hearing upon any appeal filed pursuant to this Section, the recorded images of violation shall be admissible as evidence of the violation.

5. If the appeal is rejected or denied, the motor vehicle owner must pay all fees and charges of the City Clerk within thirty (30) days of the decision upon appeal.

IV. System Requirements

A. An electronic system with the capabilities of capturing still photograph and digital video of motor vehicles entering an intersection in violation of a steady red light signal indication.

B. Electronic system must capture the tag image of the vehicle entering the intersection in violation of a steady red light indication.

C. System will have real time streaming quality video of the monitored intersection

D. System will be able to simultaneously capture multiple lane violators.

E. All images still and digital will be in color

V. Fee and Fines

A. The civil fee and fines are listed in the City’s Fee booklet

B. Failure to pay the civil fine my result in the Suspension of the City Privileges.

IV. ADDITIONAL INFORMATION, REQUIREMENTS AND RESPONSIBILITIES:

The Police Department will be responsible for modifications and updates to this Policy as required.

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Incomplete draft awaiting information from vendor.

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