24-010 1 ORDINANCE NO. 24-010
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 AMENDING PART II, CHAPTER 14, BY CREATING SEC. 14.6 OF
5 THE CODE OF ORDINANCES; DECLARING PURPOSE AND
6 INTENT;AUTHORIZING PLACEMENT AND INSTALLATION OF A
7 SCHOOL ZONE SPEED DETECTION SYSTEM, PROVIDING FOR
8 IMPLEMENTATION OF GENERAL LAW BY THE CITY MANAGER
9 AND DESIGNATION OF LOCAL HEARING OFFICER; MAKING
10 FINDINGS REGARDING RELEVANT TRAFFIC DATA AND
11 EVIDENCE WARRANTING ADDITIONAL ENFORCEMENT
12 PROCEDURES AND DESIGNATING SCHOOL ZONE SPEED
13 DETECTION SYSTEM LOCATIONS, WHICH CONSTITUTE A
14 HEIGHTENED SAFETY RISK; PROVIDING FOR CONFLICTS,
15 SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
16
17 WHEREAS, Chapter 2023-174, Laws of Florida, which became effective July 1, 2023,
18 amended Chapter 316,Florida Statutes,in regards to enforcement of school zone speed limits, and
19 authorized municipalities to enforce the speed limit in a school zone at specified periods through
20 the use of a speed detection system; and
21
22 WHEREAS, to promote public safety, especially regarding the safety and protection of
23 the City's children, the City Commission has decided to authorize the use of such a school zone
24 speed limit detection system within the City; and
25
26 WHEREAS, the City Commission has considered the relevant traffic data and other
27 evidence supporting the installation of school zone speed limit detection systems within the City;
28 and
29
30 WHEREAS, the City Commission has determined, based upon the evidence considered,
31 the location of the specific school zones in this jurisdiction, which constitute a heightened safety
32 risk that warrants additional enforcement procedures; and
33
34 WHEREAS, the City Commission has determined that it is efficient to utilize the City's
35 existing local special magistrates appointed under Section 14.5-5 of the Code of Ordinances to
36 conduct hearings pursuant to this ordinance and Chapter 2023-174, Laws of Florida, as it may be
37 amended; and
38
39 WHEREAS,the City Commission determines that the adoption of this Ordinance is in the
40 best interest of the City.
41
42
43
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44 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
45 OF BOYNTON BEACH, FLORIDA,THAT:
46
47 SECTION 1. Each"Whereas" clause set forth above is true and correct and incorporated
48 herein by this reference.
49
50 SECTION 2. Part II, Chapter 14, entitled "Motor Vehicles and Traffic," is hereby
51 amended by creating a new Section 14.6,entitled"School Speed Zone Enforcement
52 Cameras", as follows:
53
54 Sec 14.6.—School Speed Zone Enforcement Cameras
55 (a) Intent. The intent of this section is to protect the health, safety, and welfare
56 of the citizens of Boynton Beach by authorizing the placement, installation, and
57 use of speed detection systems on roadways maintained as a school zone as
58 authorized under section 316.008, Florida Statutes, pursuant to section 316.1895,
59 Florida Statutes, within the jurisdiction of the City, to promote compliance with
60 speed limits in school zones, and to adopt a quasi-judicial system to enforce
61 violations. This section provides a supplemental means of enforcing unlawful
62 speed violations in school zones and shall not prohibit a law enforcement officer
63 from issuing a uniform traffic citation for a traffic violation in accordance with
64 Chapter 316, Florida Statutes.
65
66 (b) Definitions. For the purposes of this section, the following terms shall have
67 the meanings given below:
68
69 Hearing procedures means the procedures set forth under section 316.1896, Florida
70 Statutes, governing noticing, scheduling, and conducting hearings before a Special
71 Magistrate.
72
73 Law enforcement officer means, as defined by section 943.10(1), Florida
74 Statutes, as may be amended.
75
76 Local hearing officer means the Special Magistrates appointed under Section 14.5-
77 5 of the City code.
78
79 Motor vehicle means, as defined by section 316.003, Florida Statutes, as may be
80 amended.
81
82 Notice of violation means the written notification sent to the registered owner of a
83 vehicle after a school zone speed infraction by that vehicle has been captured by a
84 speed detection system and thereafter reviewed and approved by a law
85 enforcement officer or traffic infraction enforcement officer. A notice of violation
86 must be in the form and include the contents prescribed by section 316.1896,
87 Florida Statutes, as may be amended.
88
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89 School zone means that portion of a street or highway established as a school
90 zone pursuant to section 316.1895, Florida Statutes, as may be amended.
91
92 School zone speed enforcement program means the regulations and procedures
93 governing the use of speed detection systems on roadways maintained as a
94 school zone within the jurisdiction of the City, as provided for by applicable law
95 and established by this section.
96
97 School zone speed infraction means a violation of sections 316.183 or 316.1895.,
98 Florida Statutes, captured by a speed detection system on a roadway maintained
99 as a school zone during the hours provided for by applicable law and set forth in
100 this section.
101
102 School zone speed limit means the regularly posted or reduced posted speed limit
103 within a school zone pursuant to section 316.1895, Florida Statutes.
104
105 Speed detection system means a portable or fixed automated system used to
106 detect a motor vehicle's speed using radar or LiDAR and to capture a photograph
107 or video of the rear of a motor vehicle that exceeds the speed limit in force at the
108 time of the violation. This term is synonymous with the term "Speed Detection
109 System" defined in section 316.003(83), Florida Statutes, as may be amended.
110
111 Traffic infraction enforcement officer means a person who meets the
112 qualifications established by section 316.640, Florida Statutes, as may be amended.
113
114 Uniform traffic citation means the citation issued to the registered owner of a
115 vehicle for a school zone speed infraction, in the form and including the contents
116 prescribed by sections 316.1896 and 316.650, Florida Statutes, as may be amended.
117
118 (c) Use of speed detection systems. Pursuant to section 316.008(9), Florida
119 Statutes, the City of Boynton Beach hereby elects to use speed detection systems on
120 roadways properly maintained as a school zone to enforce speed limits within the
121 City's jurisdiction.The City may utilize speed detection systems as a supplemental
122 means of assisting law enforcement personnel in the enforcement of compliance
123 with state law related to unlawful speed in school zones,in accordance with Chapter
124 316, Florida Statutes.
125
126 (d) Program administration.
127
128 (1) The Police Department, in cooperation with any necessary City staff and
129 any approved vendor and its employees and agents, shall be enabled and
130 empowered by this section to assist with the City's school zone speed
131 enforcement program. This section shall further enable the City to enter into
132 agreements with one or more vendors to place or install speed detection systems
133 and carry out services consistent with the implementation and enforcement of
134 the provisions of Chapter 2023-174, Laws of Florida, subject to any other
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135 applicable state or local legal requirements or this section.
136
137 (2) The City may utilize its Special Magistrates as appointed pursuant to
138 Section 14.5 as its local hearing officer, who shall have jurisdiction to conduct
139 proceedings challenging the issuance of a notice of violation.
140
141 (3) The Police Department shall provide a designated civilian employee(s)who
142 shall serve as Clerk for the hearings before a local hearing officer.
143
144 (e) Program implementation requirements.
145
146 (1) Vendor Contract. City Commission shall approve any contract for
147 placement or installation of a speed detection system in a school zone in
148 accordance with section 316.0776, Florida Statutes.
149
150 (2) Installation and Operation of Speed Detection Systems. Pursuant to sections
151 316.008 and 316.0776, Florida Statutes, speed detection systems may be
152 installed and operated only in the school zones designated by this Ordinance
153 and/or subsequent amendments thereto.
154
155 (3) Signage Requirements. The installation and operation of speed detection
156 systems, including required signage, shall be in accordance with Chapter 316,
157 Florida Statutes, all applicable regulations of the Florida Department of
158 Transportation and the Florida Department of Highway Safety and Motor
159 Vehicles,and the terms of any Memorandum of Understanding or other written
160 agreement that may be entered into between the Police Department and/or the
161 City and its vendor(s).
162
163 (4) Public Awareness. Pursuant to section 316.0776, Florida Statutes, before
164 notices of violation for school zone speed infractions may be issued, a public
165 announcement and 30-day public awareness campaign of the initial proposed
166 use of speed detection systems must be conducted. During the 30-day public
167 awareness campaign,only a warning may be issued to the registered owner for
168 a school speed zone infraction, and a fine shall not be imposed.
169
170 (fl Designation of school zones. Having considered evidence at a public hearing
171 supporting the installation and operation of speed detection systems on certain
172 roadways maintained as school zones within the jurisdiction of the City, the school
173 zones on the roadways surrounding the following schools constitute a heightened
174 safety risk that warrants additional enforcement measures by the installation or
175 placement of speed detection systems pursuant to section 316.008, Florida Statutes.
176 Additional speed detection systems may be approved by amendment to this
177 subsection in accordance with applicable law.
178
179 (1) 500 Block of Miner Rd. (Rolling Green Elementary)
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180 (2) 2700-2800 Block of N. Seacrest Blvd. (Rolling Green Elementary)
181 (3) 1100-1200 Block of N. Seacrest Blvd. (Poinciana Elementary)
182 (4) 1000 Block of S. Seacrest Blvd. (Forest Park Elementary)
183 (5) 900-1400 Block of S.W. 3rd St. (Forest Park Elementary)
184 (6) 2700-2900 Block of S. Congress Ave. (Crosspointe Elementary)
185 (7) 8400 Block of Lawrence Rd. (Citrus Cove Elementary)
186 (8) 3400 Hypoluxo Rd. (Freedom Shores Elementary)
187 (9) 3333 High Ridge Rd. (Imagine Chancellor Charter School)
188
189 (g) Enforcement Procedures.
190
191 (1) General Powers. The Police Department shall be authorized to enforce the
192 applicable speed limit on a roadway properly maintained as a school zone
193 pursuant to Chapter 2023-174, Laws of Florida, for violations of sections
194 316.183 and 316.1895, Florida Statutes, through the use of a speed detection
195 systems for the detection of speed and capturing of photographs or videos
196 for violations in excess of 10 miles per hour over the speed limit in force at the
197 time of the violation. The Police Department's Chief of Police or designee is
198 responsible for establishing the business rules of procedure between the vendor
199 and the City necessary for implementing this section.
200
201 (2) Review of Speed Detection System Information. Information captured by
202 the speed detection system shall be reviewed by an authorized employee or agent
203 of the City of Boynton Beach.
204
205 (3) School Zone Speed Detection System Violations. The applicable speed limit
206 on a roadway properly maintained as a school zone may be enforced through the
207 capturing of a violation by a speed detection system as follows:
208
209 (i) For a violation of section 316.1895, Florida Statutes, in excess of 10
210 miles per hour over the school zone speed limit which occurs within 30
211 minutes before through 30 minutes after the start of a regularly scheduled
212 breakfast program.
213
214 (ii) For a violation of section 316.1895, Florida Statutes, in excess of 10
215 miles per hour over the school zone speed limit which occurs within 30
216 minutes before through 30 minutes after the start of a regularly scheduled
217 school session.
218
219 (iii) For a violation of section 316.183, Florida Statutes, in excess of 10
220 miles per hour over the posted speed limit during the entirety of a
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221 regularly scheduled school session.
222
223 (iv) For a violation of section 316.1895, Florida Statutes, in excess of 10
224 miles per hour over the school zone speed limit which occurs within 30
225 minutes before through 30 minutes after the end of a regularly scheduled
226 school session.
227
228 f4)Notice of Violation. A notice of violation must be sent to the registered owner
229 of the motor vehicle involved in the violation as provided under section
230 316.1896, Florida Statutes.
231
232 (5)Hearing Procedures and Appeals. Hearings to contest notices of violations
233 shall be held in accordance with the requirements of Chapter 2023-174, Laws
234 of Florida, and sections 316.0083(5) and 316.1896, Florida Statutes. An
235 aggrieved party may appeal a final administrative order of the local hearing
236 officer in accordance with section 316.1896, Florida Statutes.
237
238 (6) Defenses, Penalties, and Costs. The enforcement of school zone speed
239 infractions, including the issuance of notices of violation and uniform traffic
240 citations, the processing of affidavits to assert an exception to liability, and the
241 assessment of fines and costs must comply with section 316.1896, Florida
242 Statutes. In accordance with section 316.1896(14)(e), Florida Statutes, the local
243 hearing officer must assess the statutory authorized penalty if the petitioner is
244 found in violation and may also require the petitioner to pay municipal costs not
245 to exceed $250 per violation. A registered owner who receives a notice of
246 violation may, within 30 days:
247
248 (i) Pay the fine of$100.00, as fixed by section 318.18(3)(d), Florida
249 Statutes, as it may be amended,
250
251 (ii) Submit an affidavit establishing an exception to liability pursuant to
252 section 316.1896(8), Florida Statutes, as it may be amended; or
253
254 (iii) Request a hearing.
255
256 (7) Issuance of a uniform traffic citation. A law enforcement officer or
257 traffic infraction enforcement officer shall be authorized, pursuant to section
258 316.1896, Florida Statutes, to issue a uniform traffic citation for
259 violations of sections 316.1895 or 316.183 as authorized by section
260 316.008(9), Florida Statutes. If the registered owner of a vehicle does not
261 timely pay the fine reflected on the notice of violation, submit a sufficient
262 affidavit, or request a hearing, a uniform traffic citation must be issued by a
263 law enforcement officer or a traffic infraction enforcement officer to the
264 registered owner and transmitted to the Palm Beach County Clerk of the
265 Court for disposition by the county court.
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266
267 (h) Collection of evidence, public records, and retention requirements. In
268 accordance with section 316.1896, Florida Statutes, a speed detection system in a
269 school zone may not be used for remote surveillance. The collection of evidence
270 by a speed detection system to enforce school zone speed infractions or user-
271 controlled pan or tilt adjustments of speed detection components, do not constitute
272 remote surveillance. Recorded video or photographs collected as part of a speed
273 detection system in a school zone may only be used to document school zone speed
274 infractions and for purposes of determining criminal or civil liability for incidents
275 captured by the speed detection system incidental to the permissible use of
276 the speed detection system. Any recorded video or photograph obtained via a speed
277 detection system must be destroyed within 90 days after the final disposition of the
278 recorded event, pursuant to section 316.1896, Florida Statutes. Written notice
279 that such records have been destroyed must be provided by December 31st of each
280 year. All public records related to the administration of this section must be
281 maintained in accordance with Florida law, and all requests for such records must
282 be addressed in accordance with Chapter 119, Florida Statutes, and any other
283 applicable state law.
284
285 (i) Annual reporting requirements. The City, with the assistance of the Police
286 Department and/or the vendor, will annually report on the City's school zone speed
287 enforcement program to the public and to the Florida Department of Highway
288 Safety and Motor Vehicles in accordance with sections 316.0776 and 316.1896,
289 Florida Statutes, as may be amended. Pursuant to section 316.0776(3)(c), Florida
290 Statutes, the compliance or sufficiency of compliance with this subsection may
291 not be raised in a proceeding challenging a notice of violation for a school zone
292 speed infraction.
293
294 (j) Remittance of collected fines and costs. All fines and costs collected
295 pursuant to this section must be remitted in accordance with sections 316.1896
296 and 318.18, Florida Statutes, and any other applicable state law.
297
298 (k) Resolution of conflict of laws. In all instances where Florida law, as evidenced
299 by the Florida Administrative Code, Florida Statutes, applicable case law, or
300 otherwise,mandates standards or requirements that are stricter than the provisions
301 of this section or where a matter is addressed by Florida law that is not addressed
302 by this section, then said law shall govern. In situations where this section
303 addresses a matter in a manner that is stricter than that of Florida law, the
304 provisions of this section shall control.
305
306 SECTION 4. Each and every other provision of this chapter, not herein specifically
307 amended, shall remain in full force and effect as previously enacted.
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308 SECTION 5. All ordinances or parts of ordinances in conflict herewith be, and the same are
309 hereby repealed.
310 SECTION 6. Should any section or provision of this ordinance or portion hereof, any
311 paragraph, sentence, or word be declared by a court of competent jurisdiction to be
312 invalid, such decision shall not affect the remainder of this ordinance.
313 SECTION 7. Authority is hereby granted to codify said ordinance.
314 SECTION 8. This Ordinance shall become effective immediately.
315
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316 FIRST READING this )LO''day of fp r. I , 2024.
317 SECOND, FINAL READING AND PASSAGE this -"PM day of
1
318 1 , 2024.
319
320 CITY OF BOYNTON BEACH, FLORIDA
321 YES NO
322 Mayor-Ty Penserga
323
324 Vice Mayor- Aimee Kelley
325
326 Commissioner-Angela Cruz
327
328 Commissioner-Woodrow L. Hay
329
330 Commissioner-Thomas Turkin
331
332 VOTE ' -0
333 ATT ST:
334
335 ' 110
336 I.... ! 0 __ .. (.. ,
11
337 Mayle: D• esus, - C Ty Pens- :a j
338 City Cl- . Mayor
339 - ,
340oyNI�N.eF.q‘,� APPRO ED AS TO FORM:
341 (Corporate Seal) ;4 �e0RATE .41‘,1
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342 •
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343 f >- $o . c-c)
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344 I,v:\\NC 1oj2 •. Shawna G. Lamb
345 I1 ••••......••'gip?% City Attorney
346 "i F�-��-
9
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