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 1-1909) 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)
Red Light Review
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 Study results in Orange County
~~ Ruby Rozier, Manager Traffic Engineering
HIAWASSEE AND W. COLONIAL
1st Image
HIAWASSEE AND W. COLONIAL
2nd Image
Final Results (26 wks)
(11,084 Photos Taken)
RLR Pilot Project Photos Taken
3,500
3,089
3,000
Number
2,500
2,000
1,500
2,040
1,623
1,564
1,245
764
1,000
304
500
455
0
Intersection
Hiaw assee NB
Hiaw assee SB
Holden EB
Holden WB
JYPY NB
JYPY SB
CFPY EB
CFPY WB
Final Results (26 wks)
3,507 Photos Rejected
Rejection Summary
305
NonViolations
642
Camera Error
EMT/Police/Fire/
Vehicle stopped,
EMT/Police/Fire/V
Other
ehicle stopped,
Other
2,560
Non-Controllable
No Match to DMV,
No Plate, Temp.
Plate, Unreadable
Final Results (26 wks)
(7,098 Letters Mailed)
Number
RLR Pilot Project Warning Letters Issued
2,000
1,800
1,600
1,400
1,200
1,000
800
600
400
200
0
1,870
1,243
1,110
1,167
733
504
192
279
Location
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 and
National 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 and
National 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 and
National 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