BROOKSVILLE- Brooksville City Council Members voted to approve an ordinance that redefines “careful and prudent” in regards to right hand turns on red at intersections with red light cameras. During February’s regularly scheduled Council meeting, Council members voted to not renew the Sensys red light camera contract and consider a new definition of “careful and prudent” in regards to rights on red at camera monitored intersections. The previous ordinance defined “careful and prudent” as making a right hand turn at less than 5 mph. The new ordinance No. 758-B establishes “careful and prudent” as operating a vehicle making a right hand turn at less than 10 miles per hour with an error rate allowance.
Cliff Taylor Assistant City Attorney of Brooksville and Attorney with Hogan Law Firm stated, “One thing that I have been able to discern is that careful and prudent is not a term that the driver gets to define. It’s something that you as a policy making body has to decide.” He mentioned that the council needs to consider factors such as pedestrians and any kind of hazards. He also cited a DOT study that determined a right turn at greater than 10 mph is unsafe. He recommended allowing for an error rate of plus or minus 1 mile per hour based on the accuracy of the Sensys Doppler equipment. Thus if careful and prudent is defined at 10 mph, then violation enforcement should occur for speeds captured over 11 miles per hour.
The ordinance amendment passed 5-0 on the March 2nd first reading. Council Member Natalie Kahler voiced her concern during the second reading for ordinance number 758-B stating, “I’m really nervous about this… there is a great misunderstanding that we are permanently changing the ordinance for rights on red at every intersection.” She explained that they could potentially be putting themselves in a bad position because for the next 8 months there is a law saying drivers can turn right on red at 12 mph and then when the contract is up they have to stop again at 0 mph. Ms. Kahler was concerned that this would create confusion and might make it worse.
Lawyer Cliff Taylor clarified that once the cameras are gone it will be 0 at every intersection. He stated that even at an intersection with a red light camera it’s a 0 speed if an officer is there. Ultimately the officer decides if you are following the careful and prudent standard. Mr. Taylor explained if there is an officer that feels there is a danger with the driver going 12 mph at an intersection with a red light camera, the officer can ticket you at his or her discretion.
The final vote on March 16th was 4-1 to accept ordinance 758-B with Ms. Kahler voting against it.