2012-03-C CITY OF CLERMONT
ORDINANCE No. 2012-03-C
AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY
COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA
RELATING TO RED LIGHT SIGNAL VIOLATIONS; AMENDING
CHAPTER 62, TRAFFIC AND VEHICLES, OF THE CITY CODE BY
AMENDING ARTICLE III, RED LIGHT SIGNAL VIOLATIONS,
SECTION 62-40, ET SEQUEL, AMENDING SECTION 62-40,
AUTHORIZATION; DELETING SECTIONS 62-41 THROUGH 62-49;
CREATING NEW SECTION 62-41, MARK WANDALL TRAFFIC
SAFETY PROGRAM ADOPTED; AND PROVIDING FOR
SEVERABILITY, CONFLICT, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Clermont finds that motorists who fail to
obey traffic controls; including red lights; cause serious harm to the public health, safety, or
welfare of the City's citizens and visitors; and
WHEREAS, the City of Clermont experiences unacceptably high volumes of traffic and
frequent traffic accidents caused by red light running, exposing our citizens to personal injury
and property damage; and
WHEREAS, the use of unmanned cameras in Florida and the United States has proven to
be effective and efficient in reducing accidents caused by red light running, thereby improving
public safety; and
WHEREAS, the use of unmanned cameras results in more effective use of manpower,
and therefore more efficient use of public resources; and
WHEREAS, the City of Clermont is vested with authority pursuant to Section 316.0083,
Florida Statutes, known as the Mark Wandall Traffic Safety Program to use traffic infraction
detectors or cameras to enforce Florida Statute Section 316.074 (1), "Obedience to and required
traffic control devices" and Florida Statute Section 316.075(1)(c)(1) "Traffic control signal
devices"; and
WHEREAS, the City Council finds it in the best interest of the citizens of Clermont to
establish an additional enforcement method for red light signal violations to promote, protect and
improve the health, safety and welfare of the citizens and visitors of the City of Clermont; and
WHEREAS, the adoption of a red light signal violation enforcement program will
further serve the citizens of Clermont as a whole by encouraging compliance with City codes.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Clermont,
Florida, as follows:
1
XF
CITY OF CLERMONT
} ORDINANCE No. 2012-03-C
SECTION 1: Chapter 62, Traffic and Vehicles, Article III, Red Light Signal Violations,
Sections 62-40, Et Sequel, of the City Code is here by amended to read as follows: (Underlined
words delineates added language, strikethrough delineates deleted language)
Article III. RED LIGHT SIGNAL VIOLATIONS.
Section 62-40 Authorization
In accordance with and under the authority of Chapter 162, Section 316.0083 Florida
Statutes, the City of Clermont hereby authorizes and creates a red light signal violation
enforcement program. . . : : - " . _ .. . - - _•- • • • _. . ` .. .
Section 62-41 Mark Wandall Traffic Safety Program Adopted.
The City of Clermont hereby adopts the provisions of Section 316.0083, Florida Statutes.,
in its entirety by reference as if set out fully herein.
Section-62-41- Definitions
. - - ., . -`, - - . _ _, _.. -
emergency.•- :.- - e 2. _ .. ., • . - - - `
- - -
(e) IMefseetiea—means
- . ; ., . , . . . . . . " . , - _ .. - •, • - .. -
2
CITY OF CLERMONT
ORDINANCE No. 2012-03-C
-
cach crossing of two (2) roadways of such highways is a separate
intersection.
( . . •
- - - . . .. _ . . . - - - . .
devices. For the purposes of thi3 Article, authorized emergency vehicles are
(4) Owner means the person or entity identified by the Florida Department of
_ . - - - - -', • - • 7. - - . •. __, .
_- - -
of the vehicle.
O _ , . . - _ •• .. - ., _ _ --
Section-62-42 Adherence to Red Light Traffic Control Signals
3
CITY OF CLERMONT
ORDINANCE No. 2012-03-C
Seel:ion-62-4A Enforcement
(a) - - - . - . . . _. -• - . - • . - _ . . .
(154 Y. - '- -•_ � . •_ . _ - . . - - __ . . .
[� officers as the City's Red Light Signal Violation Review Officers, who shall
review the recorded images to determine clarity and establish accurate
-• • . ...
. .
Section-62;44 Netiee-of-Vielation
.. -
Y- - _ .. . . . . --- • - - - . _ - - - f
. .. . .., . - _ -7
(a) The location of the .,
. oltion;
Cpl
C=7 � •(g) : -: - . _ . -i•
(T) --. - : . _ _ _ : -i
4
CITY OF CLERMONT
ORDINANCE No. 2012-03-C
Section 62 4c
. - - _ - . _ . •. . - . - - ! -•
. _ . . _ . - _ - - . _ - - - -;
violation,
«+e3+the et: o f el ti
.. ' - _ - _ _ . • .
. •_.. ..•
- . _ - . _ . , - - _ . • , - .. .. -• .. , .
ether-la
vPs
5
CITY OF CLERMONT
ORDINANCE No. 2012-03-C•[..l Y. . . P - _ e s -- .. _ - - ; P --. _.
Cpl Y. .•
_. _ 7.: : ', _. . : 9
. s. . •• -
a . -•• -evielenee-ef--the-vieletiefh-
(e) f
- - . ' - - - ;: - - _ : ; ; . . - . - •• • . - ,• ••
Y. .•f Y' _ - _:.- - _ e . •
. _ : - . . . . • "' ._ . _ - -
Section 62 47 $enaltic
• •
• . . . . . . . . . .•
• •.
as provided in Scc. 322.27, Flonda Statutes, or its successor shall be recorded on the
Section-62-48 Collection of Civil Fee.
6
CITY OF CLERMONT
ORDINANCE No. 2012-03-C
_ . - . , __ . . - - • . - _ . a ,
Section-62-49
. ..• . . . . : _ . _ _ - _..- - e - __ . . _ _ . _ . . • .
charges in the amount of the City's actual costs of the appeal. The owner is also
SECTION 2. Introductory Period.
The Police Chief shall notify the City Manager when the red%light camera system as authorized
by the City Council is operating. For thirty (30) days following said notification, unless the
dnver of a vehicle received a citation from a law enforcement officer at the time of the red light
signal violation in accordance with normal and routine traffic enforcement techniques, the owner
shall receive a warning in the form of a courtesy notice of the violation. Commencing thirty-one
(31) days after the above referenced notification, the vehicle owner is subject to the enforcement
as provided herein.
SECTION 3. Severability.
It is declared to be the intent of the City Council that, if any section, subsection, sentence, clause,
phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision, and such holding shall not affect the validity of the remaining portions hereof.
SECTION 4. Conflict.
Any portion of the Clermont City Code or any Ordinance or part thereof in conflict with this
Ordinance is hereby repealed to the extent of such conflict.
SECTION 5. Codification.
The text of Section 1 of this Ordinance shall be codified as a part of the Clermont City Code. The
codifier is authorized to make editorial changes not effecting the substance of this Ordinance by
the substitution of"article" for "ordinance", "section" for "paragraph", or otherwise to take such
editorial license.
7
CITY OF CLERMONT
ORDINANCE No. 2012-03-C
SECTION 6. Effective Date.
This Ordinance shall be published as provided by law and shall take effect immediately upon its
Second Reading and Final Passage.
PASSED AND ADOPTED BY the City Council of the City of Clermont, Lake County,
Florida on this 12th day of December, 2012.
1r' ` e, 1c
CITY OF CLERMONT
tft
HaroRd S. Turville, Jr., Mayor
Attest:
Tracy Ackro •, City Clerk
Approved as to form and legality:
o r ,ag._� . . ■ _ orney