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 Orange County
 Code of Ordinances
 Chapter 35. TRAFFIC
 Article V. RED LIGHT RUNNING

  § 35-73. Violation; issuance of notice of violation and traffic citation.  

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  • (a)

    A violation of code, known as a red light infraction, shall occur when a motor vehicle does not comply with the requirements of section 35-72 of this Code. Notification of a violation shall be as follows.

    (b)

    (1)

    Within thirty (30) days after a violation, notification must be sent to the registered owner of the motor vehicle involved in the violation specifying the remedies available under section 318.14, Florida Statutes, and that the violator must pay the penalty of one hundred fifty-eight dollars ($158.00) to the county, or furnish an affidavit in accordance with section 35-75(b), or request a hearing within sixty (60) days following the date of the notification in order to avoid the issuance of a traffic citation. The notification must be sent by first-class mail. The mailing of the notice of violation constitutes notification.

    (2)

    Included with the notification to the registered owner of the motor vehicle involved in the infraction must be a notice that the owner has the right to review the photographic or electronic images or the streaming video evidence that constitutes a rebuttable presumption against the owner of the vehicle. The notice must state the time and place or internet location where the evidence may be examined and observed.

    (3)

    Notification pursuant to paragraph (b)(1), above, must be sent to the person identified on the affidavit within thirty (30) days after receipt of an affidavit.

    (c)(1)

    a.

    Within sixty (60) days after notification under subsection (b), when payment has not been made or if the registered owner has not requested a hearing or submitted an affidavit as provided in paragraph (b)(1). above, a traffic citation shall be issued by mailing the traffic citation by certified mail to the address of the registered owner of the motor vehicle involved in the violation.

    b.

    Delivery of the traffic citation constitutes notification under this subsection.

    c.

    In the case of joint ownership of a motor vehicle, the traffic citation shall be mailed to the first name appearing on the registration, unless the first name appearing on the registration is a business organization, in which case the second name appearing on the registration may be used.

    (2)

    Included with the notification to the registered owner of the motor vehicle involved in the infraction shall be a notice that the owner has the right to review, in person or remotely, the photographic or electronic images or the streaming video evidence that constitutes a rebuttable presumption against the owner of the vehicle. The notice must state the time and place or internet location where the evidence may be examined and observed.

    (d)

    If a traffic citation is issued under section 316.0083, Florida Statutes, and subsection (c), above, the traffic infraction enforcement officer shall provide by electronic transmission a replica of the traffic citation data to the court having jurisdiction over the alleged offense or its traffic violations bureau within five (5) days after the date of issuance of the traffic citation to the violator. If a hearing is requested, the traffic infraction enforcement officer shall provide a replica of the traffic notice of violation data to the clerk for the local hearing officer having jurisdiction over the alleged offense within fourteen (14) days.

(Ord. No. 2010-09 , § 2, 7-13-10; Ord. No. 2013-17 , § 1, 7-2-13)