O-367-CCITY OF CLERMONT
ORDINANCE No. 367-C
AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA
RELATING TO RED LIGHT SIGNAL VIOLATIONS; AMENDING
CHAPTER 62, TRAFFIC AND VEHICLES, OF THE CITY CODE BY
CREATING NEW ARTICLE III, "RED LIGHT SIGNAL VIOLATIONS",
SECTIONS 62-40, ET SEQUEL, PROVIDING FOR DEFINITIONS;
ADHERENCE TO RED LIGHT TRAFFIC CONTROL SIGNALS;
ENFORCEMENT; NOTICE OF VIOLATION; OWNER
RESPONSIBILITIES; APPEAL; PENALTIES AND ADMINISTRATIVE
CHARGES 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;
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;
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;
WHEREAS, the use of unmanned cameras results in more effective use of manpower,
and therefore more efficient use of public resources;
WHEREAS, the City of Clermont is vested with authority pursuant to Chapter 162 of the
Florida Statutes to establish mechanisms and procedures to enforce municipal codes and
ordinances;
WHEREAS, the provisions contained herein create a civil enforcement process for red
light signal violations, and do not authorize the issuance of a traffic citation or the assessment of
points against the vehicle owner's driver's license record;
WHEREAS, the City Council finds it in the best interest of the citizens of Clermont to
establish an 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:
Section 1
Chapter 62, "Traffic and Vehicles", Article III, "Red Light Signal Violations", Sections 62-40,
Et. Seq. of the City Code are created to read as follows:
Article III. RED LIGHT SIGNAL VIOLATIONS.
Section 62-40 Authorization.
In accordance with and under the authority of Chapter 162, Florida Statutes, the City of Clermont
hereby creates a red light signal violation enforcement program as a supplemental and additional
method of enforcing its codes and ordinances by the issuance of notice of violations of the city
code provided herein. Nothing contained herein shall prohibit the City of Clermont's
enforcement of its codes or ordinances by any other means or law enforcement officers from
issuing citations for a red light signal violation in accordance with applicable State law.
Section. 62-41 Definitions.
The following words and phrases, when used in this Article, shall have the meanings set forth in
this section, except where the context otherwise requires:
(a) Authorized Emergency Vehicles. Ambulances and vehicles operated by the fire department
or law enforcement agency when responding to an emergency.
(b) Hearing Officer means a person the City Council appoints to conduct appeals or other
administrative hearings. Hearing officers must be members of the Florida Bar in good standing.
(c) Intersection means:
1. The area within the prolongation or connection of the lateral curb line; or, if none,
then the lateral boundary lines of the roadways of two roads that join 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 in conflict.
2. Where a highway includes two (2) roadways thirty (30) feet or more apart, then each
crossing of the roadway of such divided highway by an intersecting highway is a separate
intersection. If such intersecting highway also includes two (2) roadways thirty (30) feet
or more apart, then each crossing of two (2) roadways of such highways is a separate
intersection.
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(d) Motor vehicle means any self-propelled vehicle not operated upon rails or guideway, but
does not include bicycles or electric personal assistive mobility devices. For the purposes of this
Article, authorized emergency vehicles are excluded from the definition of "motor vehicle."
(e) Notice of Violation means a citation issued for a violation of Section 62-42.
(f) Owner means the person or entity identified by the Florida Department of Highway Safety
and Motor Vehicles, or other State vehicle registration office, as the registered owner of a vehicle
or the lessee of a vehicle under a lease with a six (6) month or longer term.
(g) Recorded images means at least three (3) photographic, electronic, or digital still images of
a motor vehicle, recorded by a traffic control signal monitoring system/device, and establishing a
time sequence of the vehicle entering the intersection, with at least one (1) of the images showing
the license plate number of the vehicle.
(h) Traffic Control Signal means any device that shows green, yellow and red lights or colored
lighted arrows, successively, one at a time, or in combination, by which traffic is directed to stop
and permitted to proceed.
(i) Traffic Control Signal Monitoring System/Device means an electronic system that captures
recorded images of motor vehicles within an intersection.
Section 62-42 Adherence to Red Light Traffic Control Signals.
Any motor vehicle that approaches an intersection at which a steady red traffic control signal is
displayed shall stop before entering the crosswalk on the near side of an intersection or, if none,
then before entering the intersection, and shall remain stationary until a green indication is shown
on the traffic control signal. After the motor vehicle has stopped, the vehicle may make a right
turn in accordance with law.
Section 62-43 Enforcement.
(a) Any vehicle that is captured by recorded images that show the vehicle violated Section 62-
42 shall be issued a notice of violation.
(b) The City's Chief of Police shall designate one or more sworn law enforcement officers as
the City's Red Light Signal Violation Review Officers, who shall review the recorded images to
determine clarity and establish accurate identification of the motor vehicle and violation. If the
Red Light Signal Violation Review Officer determines that based on the recorded images a red
light signal violation has occurred notice shall be sent to the owner of the vehicle at the address
on record with the Florida Department of Highway Safety and Motor Vehicles or any other state
vehicle registration office. The notice shall be sent by certified mail return receipt requested.
Section 62.44 Notice of Violation.
The notice of violation shall include at a minimum, the following:
(a) The name and address of the registered owner of the vehicle;
(b) The license plate number and registration number of the motor vehicle;
(c) The make, model, and year of the motor vehicle;
(d) Notice that the violation is charged pursuant to this Article;
(e) The location of the violation;
(f) The date and time of the violation;
(g) A statement that recorded images show the violation;
(h) The civil fine and date by which it must be paid;
(i) Recorded images depicting the violation;
(j) The procedures for payment of the civil fine and contesting the notice of violation;
(k) A statement warning that failure to pay the civil fine or to contest liability in a timely manner
will be considered an admission of liability.
Section 62-45 Owner Responsibilities.
(a) An owner who receives a notice of violation shall, within thirty (30) days of the date of the
notice of violation either:
1. Pay the assessed civil fine as instructed on the notice; or
2. File a Notice of Appeal under Section 62-46 to contest the notice of violation.
(b) Any owner who does not comply with these provisions within thirty (30) days from the date
of the notice of violation admits liability and waives the right to contest the notice of violation.
Section 62-46 Appeal to Hearing Officer.
(a) Any owner who wants to challenge the violation shall file with the City a Notice of Appeal,
which shall include a notarized statement explaining the grounds for appeal and any supporting
papers the owner desires.
(b) If the violation is not dismissed based upon the owner's notarized statement, then the City
shall schedule a hearing before a Hearing Officer within sixty (60) days after the City's receipt of
the Notice of Appeal. A notice of hearing shall be sent to the owner no less than ten (10) days
before the hearing by certified U.S. mail at the same address to which the notice of violation was
sent unless the owner has provided a different address. The following shall be permissible
grounds for an appeal:
1. The vehicle was stolen or otherwise legally not under the care, custody, or control of
the owner at the time of the violation;
2. The vehicle violated the steady red traffic control signal to comply with other laws;
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3. The vehicle violated the steady red traffic control signal to reasonably protect the
property or person of another;
4. The steady red traffic control signal was inoperable or malfunctioning; or
5. Any other good cause the Hearing Officer deems sufficient.
(c) The Red Light Signal Violation Review Officer who reviewed the Recorded images shall
testify at the hearing. The owner, or his or her duly authorized representative, may also present
testimony and evidence.
(d) Recorded images indicating a red light violation, verified by a Red Light signal Violation
Review Officer, are admissible in any proceeding before the Hearing Officer to enforce the
provisions of this Article, and shall constitute prima facie evidence of the violation.
(e) Unless a stolen vehicle report has been filed with the appropriate law enforcement agency, it
is presumed that the person registered as the owner with the Florida Department of Highway
Safety and Motor Vehicles or any other State vehicle registration office is responsible for the
operation of the vehicle at the time of a red light violation.
(f) Formal rules of evidence shall not apply at the hearing on the appeal and any relevant
evidence may be admitted. Hearsay evidence may be admitted, but shall not form the sole basis
upon which the Hearing Officer's decision is made. Irrelevant and unduly repetitious evidence
may be excluded. The hearing shall be conducted in a manner to ensure fundamental fairness and
procedural and substantive due process is afforded the owner.
(g) The Hearing Officer shall issue a written order either granting or denying the appeal. If the
appeal is denied, the owner shall pay the originally assessed civil fine and any assessed costs
within thirty (30) days of the date of the written order.
Section 62-47 Penalties.
A violation of this Article is a civil, noncriminal infraction. A civil fine in the amount of $125.00
shall be assessed for the first two (2) violations and a civil fine in the amount of $250.00 shall be
assessed for the third and any subsequent violation by the owner in any three (3) year period. As
the violation relates to this Article and not State law, no points as provided in Sec. 322.27,
Florida Statutes, or its successor shall be recorded on the driving record of the responsible party.
Section 62-48 Collection of Civil Fee.
(a) Any owner who fails to appeal within thirty (30) days or is unsuccessful on appeal and then
fails to pay the assessed fine for a notice of violation under this Article shall be subject to the
collection of the fee in accordance with such procedures as established by the City, which at a
minimum shall include the enforcement of the collection by civil action in the nature of a debt.
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(b) In addition to the foregoing, any owner who fails to pay the civil fee imposed shall be
suspended, refused and denied any rights and privileges that such person may otherwise be
entitled to enjoy, receive or benefit from the City of Clermont, including, but not limited to, the
right to utilize municipal facilities and the right to obtain licenses, tax receipts or permits as may
be provided in the City Code.
Section 62-49 Administrative Charges.
Should an appeal be denied, the Hearing Officer may assess the owner administrative charges in
the amount of the City's actual costs of the appeal. The owner is also responsible for payment of
any costs incurred by the City in any legal proceedings instituted to collect money due under this
Article.
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
driver of a vehicle received a citation from a law enforcement officer at the time of the red light
signal violation in accordance with 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 4 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 5 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 6 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.
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Section 7 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, Florida on this
2~ day of ("~~ , 2009.
Attest:
~,q ~ ~ ,. 1
Ate'' ~-L c . ~ ~ ~~~.` L
Tracy A royd, City Cler`~f
CITY OF CLERMONT
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~~ S. Turville, Jr., May
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