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 Delray Beach
 Code of Ordinances
 Title 7. TRAFFIC CODE
 Chapter 74. CIVIL TRAFFIC ENFORCEMENT

  § 74.09. APPEAL TO HEARING OFFICER.  

Latest version.

  • The City's Hearing Officer is authorized to consider appeals under this Chapter. Within thirty (30) days of the date of the Notice of Infraction, the vehicle owner may file an appeal with the City Code Enforcement Hearing Officer pursuant to the directions on the Notice of Infraction. A hearing on the appeal shall be scheduled for all appeals in which the vehicle owner requests such a hearing within thirty (30) days, except those in which the vehicle owner submits an affidavit pursuant to Section 74.10 in which the vehicle owner affirms under penalty of perjury that the vehicle was not under his or her care, custody, or control or that of someone with the vehicle owner's consent.

    (A)

    Upon receipt of the request for an appeal, the City shall schedule a hearing before the Hearing Officer to occur not later than sixty (60) days after the City's receipt of the Notice of Appeal. A Notice of Hearing shall be provided to the vehicle owner no less than ten (10) days prior to the hearing, and shall be provided by certified and U.S. mail to the same address to which the Notice of Infraction was sent.

    (B)

    The following shall be permissible grounds for an appeal:

    (1)

    At the time of the infraction, the vehicle was not under the care, custody, or control of the vehicle owner or an individual with vehicle owner's consent, established pursuant to affidavit as provided in Section 74.10.

    (2)

    The motor vehicle driver was issued a citation by a law enforcement officer, which was separate and distinct from the citation issued under this Chapter, for violating the steady red traffic control signal.

    (3)

    The motor vehicle driver was required to violate the steady red traffic control signal in order to comply with other governing laws.

    (4)

    The motor vehicle driver was required to violate the steady red traffic control signal in order to reasonably protect the property or person of another.

    (5)

    The steady red traffic control signal was inoperable or malfunctioning; or

    (6)

    Any other reason the Hearing Officer deems appropriate.

    (C)

    All testimony before a Hearing Officer shall be under oath and shall be recorded.

    (D)

    The Traffic Control Infraction Officer may testify at the hearing. The vehicle owner may then present testimony and evidence.

    (E)

    The formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.

    (F)

    Recorded images indicating a Red Zone Infraction, verified by the Traffic Control Infraction Review Officer, are admissible in any proceeding before the City's Hearing Officer to enforce the provisions of this Chapter, and shall constitute prima facie evidence of the violation.

    (G)

    Upon determination of the Hearing Officer irrelevant, immaterial and unduly repetitious evidence may be excluded but, all other evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs shall be admissible.

    (H)

    Unless an affidavit is provided pursuant to Section 74.10, it is presumed the person registered as the vehicle owner with the Florida Department of Motor Vehicles or any other state vehicle registration office, or an individual having the owner's consent was operating the vehicle at the time of a Red Zone Infraction.

(Ord. No. 50-08, § 1, passed 11/18/08)