Review, Update and Options Related to Local Automated Enforcement of

Red Light Violations

Presented by

Thomas B. Drage, Jr.County Attorney

and

Ruby Rozier

Manager of Traffic Engineering

February 17, 2009

Overview

Red light review

Update on state and national activity

Options

Red Light Review

Review of terms

Review of recent BCC action

Review of legal issues

Review of Red Light Study Results (Ruby Rozier, Manager Traffic Engineering)

Red Light Review

Review of terms

Red light running ordinance is an ordinance authorizing the imposition of a fine on the owner of a motor vehicle photographed running a red light.

Vendor is the company with which the local government contracts to run its red light program and/or install the equipment.

Red light statute is the section of law created by House Bill 439 (filed 1-19-09) that would legislatively authorize the use of red light camera evidence for issuance of a citation to the vehicle owner.

Red Light Review

Review of Recent BCC Action

Three times the BCC included a red light running bill in Legislative priorities (2007, 2008, 2009)

County Attorney advised BCC that state law preempts local government from adopting red light ordinance (June 7, 2007)

BCC voted not to pursue an ordinance absent change in state law (July 10, 2007)

BCC approved pilot project for camera placement and issuance of warnings (Oct. 23, 2007)

Public Works provided a summary of pilot project results (Nov. 2008)

Review of Legal Issues

Provisions of ch. 316, FS, expressly preempt local governments from

implementing red light running ordinance.

Law allows use of security devices to monitor traffic but prohibits independent use of cameras for issuing red light running citations.

State law contains express provisions for toll running violations.

Two Attorney General Opinions found preemption in using red light cameras as basis for citation (97-06 and 2005-41).

FDOT limits the use of state roads for such cameras.

Red Light Review

Red Light Review

Red Light Study results in Orange County

~~ Ruby Rozier, Manager Traffic Engineering

HIAWASSEE AND W. COLONIAL1st Image

HIAWASSEE AND W. COLONIAL2nd Image

Final Results (26 wks)(11,084 Photos Taken)

RLR Pilot Project Photos Taken

1,6231,245

304 455

3,089

2,040

1,564

764

0

500

1,000

1,500

2,000

2,500

3,000

3,500

Intersection

Nu

mb

er

Hiawassee NB Hiawassee SB Holden EB Holden WB

JYPY NB JYPY SB CFPY EB CFPY WB

Final Results (26 wks) 3,507 Photos Rejected

EMT/Police/Fire/Vehicle stopped, Other

Rejection Summary

305

2,560

642

Non-Controllable

Camera ErrorNon-Violations

No Match to DMV, No Plate, Temp. Plate, Unreadable

EMT/Police/Fire/Vehicle stopped, Other

Final Results (26 wks)(7,098 Letters Mailed)

RLR Pilot Project Warning Letters Issued

1,110

733

192 279

1,870

1,243 1,167

504

0200400600800

1,0001,2001,4001,6001,8002,000

Location

Nu

mb

er

Hiawassee NB Hiawassee SB Holden EB Holden WB

JYPY NB JYPW SB CFPW EB CFPW WB

Overview

Red light review

Update on state and national activity

Options

Update on State andNational Activity

Florida Cities and Counties(See Exhibit B to memorandum)

Notwithstanding preemption issues, approximately 28 Florida cities and five Florida counties have enacted a red light ordinance.

Even with an ordinance, there are many jurisdictions in which the program is not fully operational.

As an example, there is no operational system in the five Florida counties that have adopted a red light ordinance.

There are no known legal challenges to local ordinances in Florida at this time.

Update on State andNational Activity

National Activity

(See Exhibit C of Memorandum)

Traffic enforcement laws differ from state to state.

Some states, like Florida, have a uniform law that preempts traffic matters to the state.

Some states do not preempt a uniform traffic control process to the state.

Some states authorize local red light camera enforcement.

Update on State andNational Activity

Nationally, we have identified eight cases and 3 Attorney General opinions on the issue of red light cameras.

Generally cases are as to preemption, constitutional challenges or both.

If a challenge is raised as to preemption, the ordinance is usually struck down (except an Albuquerque, New Mexico case).

If the challenge is raised as to constitutionality of a local ordinance, ordinance is generally upheld.

Update on State and National Activity

Of note:

Arizona -- equal protection challenge resulted in the law being rendered unenforceable in one jurisdiction (Arrowhead).

Missouri -- direct and conspiracy violations of Racketeer Influenced and Corrupt Organizations Act (RICO) and 42 USC s.1983, procedural and substantive due process. Mayor, council members, Police Chief sued individually and officially; vendor (ATS) sued. Some charges dismissed; many charges pending.

Albuquerque -- class action certified; challenges are as to preemption and the quasi-judicial process established in the red light ordinance (pending).

Overview

Red light review

Update on state and national activity

Options

Options

Option 1 -- adopt an ordinance that follows the 2009 Legislation

Option 2 - adopt an ordinance like other cities/counties have done

Option 3 - take no action at this time

Options

Option 1

BCC can adopt an ordinance to follow the procedural aspects of HB 439: Authorize a traffic infraction officer to issue ticket for red light violations observed

by cameras; require signs to notify where a camera may be in use; require a public awareness campaign and warning period; establish a $150 fine to the owner of car (a portion of fine proceeds to trauma

centers & public hospitals).

BCC can hear the ordinance on March 24.

County can seek and procure a vendor about 90 days following effective date of the ordinance.

Options

Option 2

BCC can adopt an ordinance similar to those enacted by other cities and counties in Florida:

County and vendor should escrow any fines collected; contract should allow for termination if legislative changes occur or court determines

ordinance invalid; vendor should indemnify and hold harmless the county; vendor should retain data in accordance with Florida’s public records laws; and information collected should not be the basis for an increase in vehicle insurance

rates.

BCC can hear the ordinance on March 24.

County can seek and procure a vendor about 90 days following effective date of the ordinance.

Options

Option 3

BCC take no action at this time.

BCC Action Requested

County Attorney requests BCC direction on which option to pursue --

Review, Update and Options Related to Local Automated Enforcement of

Red Light Violations

Presented by

Thomas B. Drage, Jr.County Attorney

and

Ruby Rozier

Manager of Traffic Engineering

February 17, 2009