Fort Walton Beach Ordinance — 2155--Amending COO Chapter 11 Photo Enforcement School Zones — reading text

MREADING D,,4')g 1st a q° zoz ORDINANCE 2155 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING CHAPTER 11 TRAFFIC AND VEHICLES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Chapter 2023- 174, Laws of Florida, enacted and signed by the Governor on May 21, 2023, effective July 1, 2023, amended Chapter 316, Florida Statutes, in regard to enforcement of school zone speed limits and authorized municipalities to enforce the speed limit in a school zone at specified periods through the use of a speed detection system; and WHEREAS, to promote public safety, especially in regard to the safety of this jurisdiction' s children, the City Council has decided to authorize the use of such a school zone speed limit detection system within the City; and WHEREAS, the City Council has considered the relevant traffic data and other evidence supporting the installation of school zone speed limit detection systems within the City; and WHEREAS, in consideration of the traffic data and evidence provided which supports the installation and operation of each proposed school speed zone detection system due to heightened safety risks, the City desires to implement an automated Speed Detection System SDS) program in school zones in order to reduce speeding and benefit public safety pursuant to HB 657 and applicable law. WHEREAS, the City Council has determined, based upon the evidence considered, the location of the specific school zones in this jurisdiction which constitute a heightened safety risk that warrant additional enforcement procedures; and WHEREAS, the City Council has determined that it is efficient to utilize the City' s existing local hearing officer to conduct hearings pursuant to this ordinance and Chapter 2023- 174, Laws of Florida, as it may be amended; and WHEREAS, the City Council determines that the adoption of this Ordinance is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY AND INTENT The purpose of this Section is to protect the health, safety, and welfare of the citizens and visitors of the City of Fort Walton Beach by authorizing the placement or installation and use of speed detection systems ( SDS) on roadways within the jurisdiction of the City. To promote compliance with speed limits in school zones, as authorized by and in accordance with Chapter 316, Florida Statutes as may be amended from time to time. This Section is also intended to provide a supplemental means of enforcing unlawful speed violations in school zones and shall not prohibit a law enforcement officer from issuing a uniform traffic citation for a traffic violation in accordance with Florida State Statutes. SECTION 2. AMENDMENT OF CODE OF ORDINANCES CHAPTER 11 AND ADDING SECTION 11. 16 PHOTO ENFORCMENT IN SCHOOL ZONES. Chapter 11 of the City of Fort Walton Beach Code of Ordinances shall be amended as follows: 11. 16. 01 Definitions The following words, terms, and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: Local hearing officer means a special magistrate, or such other qualified person designated by the City Council, to conduct hearings relating to notices of violation issued pursuant to Sections 316. 1896 and 316. 0083, Florida Statutes. Person means a natural person, the registered owner or co- owner of a motor vehicle, or the person identified in an affidavit as having actual care, custody, or control of the motor vehicle at the time of a violation. Petitioner means a person who elects to request a hearing before the local hearing officer for the purpose of determining whether a violation, under Section 316. 1896, Florida Statutes, has occurred. School zone means a roadway located within the City and maintained as a school zone, pursuant to Section 316. 1895, Florida Statutes, which constitutes a heightened safety risk that warrants additional enforcement measures as determined by the City Council after consideration of traffic data and other relevant evidence. Speed detection system ( SDS) means a portable or fixed automated system used to detect a motor vehicle's speed using radar or lidar, and able to capture a photograph or video of the rear of a motor vehicle that exceeds the speed limit in force at the time of the violation. Traffic infraction enforcement officer means the Police Department employee( s) designated by the City who meet the qualifications set forth in Section 316. 640, Florida Statutes, and/ or any other relevant statute, and are vested with the authority to enforce violations. Violation means a person that drives a motor vehicle on a roadway designated as a school zone at a speed as follows: 1) In excess of ten miles per hour over the school zone speed limit which occurs within 30 minutes before through 30 minutes after the start of a regularly scheduled breakfast program -in violation of Section 316. 1895, Florida Statutes. 2) In excess of ten miles per hour over the school zone speed limit which  occurs within 30 minutes before through 30 minutes after the start of a regularly scheduled school session in violation of Section 316. 1895, Florida Statutes. 3) In excess of ten miles per hour over the posted speed limit during the entirety of a regularly scheduled school session in violation of Section 316. 183, Florida Statutes. 4) In excess of ten miles per hour over the school zone speed limit which occurs within 30 minutes before through 30 minutes after the end of a regularly scheduled school session in violation of Section 316. 1895, Florida Statutes. 11. 16. 02 Program Administration a) Use of Speed Detection Systems. In accordance with Chapter 316, Florida Statutes, the City exercises its authority to authorize placement or installation of speed detection systems to enforce applicable speed limits on roadways maintained as school zones within the City of Fort Walton Beach' s jurisdiction. Use of such systems shall comply with Chapter 316, Florida Statutes, including but not limited to, the requirements and procedures for the collection of evidence, public records and retention, enforcement powers and procedures, review of the photograph or video images from the speed detection system, notice of violation issuance, hearing procedures and appeals, defenses and penalties. In b) Implementation by the City Manager and designation of Local Hearing Officer. accordance with the provisions of Chapter 2023- 174, the City Manager is authorized to take all steps necessary to implement the provisions and requirements of Chapter 2023- 174, Laws of Florida, as it may be amended, in coordination with the Fort Walton Beach Police Department, including the designation of traffic infraction enforcement officers. 1) The Fort Walton Beach Police Department shall oversee the School Zone Speed Limit Detection System program on behalf of the City. 2) The City Council authorizes the City Manager to enter into agreements with one ( 1) or more vendors to place or install speed detection systems and carry out services consistent with the implementation and enforcement of the provisions of Chapter 316, Florida Statutes, governing speed detection systems, subject to any other applicable State law requirements and this Section. 3) Designation of Local Hearing Officers. City Special Magistrates, as Local Hearing Officers, are designated to conduct hearings requested by alleged violators wishing to contest notices of violation detected by SDS in accordance with Chapter 316, Florida Statutes. 11. 16. 03 Designation of Heightened Safety Risk School Zones which necessitates use of school zone speed limit detection system. The City Council finds that based upon the traffic data and evidence presented at the public hearing, it is appropriate to utilize the speed limit detection system at the following school zone locations due to the heightened safety risk that warrants additional enforcement procedures:  a) Elliott Point Elementary School b) Kenwood Elementary School c) Edwins Elementary School d) Max Bruner Jr Middle School e) Pryor Middle School f) Fort Walton Beach High School g) Choctawhatchee High School h) Silver Sands School i) Liza Jackson Preparatory School 0) Saint Mary Catholic School k) Okaloosa Academy This list may be amended by the City Council by a resolution at a public hearing. Not all locations will receive SDS, the City Manager, Police Chief and City' s Vendor( s) will make final determination of placement. 11. 16. 04 Signage and Public Awareness Campaign. The City shall post signage and conduct a public awareness campaign regarding the placement or installation of speed detection systems consistent with the applicable requirements of Chapter 316, Florida Statutes, and all applicable regulations of the Florida Department of Transportation (" FDOT") and the Florida Department of Highway Safety and Motor Vehicles FLHSMV"), and the terms of any agreement that may be entered into between the City and its vendor( s). 11. 16. 05 Reporting The Police Department, with the assistance of the City's vendor( s), will comply with the reporting requirements set forth in Sections 316. 0776 and 316. 1896, Florida Statutes. 11. 16. 06 Remittance of collected fines and costs All fines and costs collected pursuant to this Section will be remitted in accordance with Sections 316. 1896 and 318. 18, Florida Statutes, and any other relevant State law. SECTION 3. SEVERABILITY. In the event any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of City Council that such invalidity shall not affect any other provisions of the Ordinance which may be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are declared severable. SECTION 4. EFFECTIVE DATE. This ordinance shall take effect immediately upon approval on second reading by the City Council and signature of the Mayor. Adopted: 4-- I ' Richard A. Rynearson, M vor Attest: Approved as to legal form and sufficiency