Issue link: https://imageup.uberflip.com/i/574411
Proposed Rule Change to Establish Speed-Limit and Photo Radar Enforcement on the Association's Private Streets and Drives PROPOSED RULE CHANGE NOTIFICATION 15-10 The Board reviewed the following proposed amendment, to the Sun Lakes Country Club Homeowners Association General Statement of Rules and Regulations (revised July 31, 2015 edition), that appear on the Association's website (sunlakescc.com) and are available in the administration office, at its Aug. 20 Open Session Meeting. The Board will vote upon the proposed amendment at its Nov. 19 Open Session Meeting, following publication in the October 2015 edition of Lifestyles. If the Board votes in favor of the proposed rule change it would go into effect Dec. 1. Notice, informing the members of the approval, would be posted in the main, north and south clubhouses, in agreement with Civil Code § 4045. Purpose: The purpose of the proposed rule change is to establish photo radar and speed-limit enforcement on the Association's private streets and drives in order to promote the safe use of those streets by cars, trucks, golf carts and pedestrians. Effect: The effect of the rule change, if adopted, will be to establish certain regulations and procedures for implementation of photo radar and speed-limit enforcement on the Association's private streets and drives, establish penalties for violations, and provide a procedure to afford members due process rights, including notice and hearing, related thereto, all as more specifically set forth below. Proposed Rule Change 1. Photo Radar Trailer. The Association has purchased a photo radar trailer from U.S. Traffic Control, a supplier to both public agencies and private entities seeking to improve motorist and pedestrian safety. The general manager is directed to have the photo radar trailer appropriately placed at various locations around Sun Lakes from time-to-time to promote traffic calming and assist in enforcing speed-limit and traffic rules. a. The general manager shall designate certain personnel on staff to: • Be trained to competently perform the tasks herein; • Place and operate the photo radar trailer; • Observe and confirm the photo radar unit's internal software self-calibration each time it is turned on; • Review the photos taken of vehicles exceeding the posted speed limit to confirm a violation and then review the Association's records to identify the Association member responsible for the vehicle violating the speed limit and then prepare a notice of hearing/potential fine in accordance with the below procedure; • Attend hearings to provide necessary evidence regarding the photo radar trailer operation and circumstances of the underlying alleged violations. b. In selecting locations to place the photo radar trailer from time to time, the general manager shall consider complaints from residents regarding speeding in the area, but no particular complaints are required for the general manager to select these locations. c. The duties of the general manager shall be performed by the assistant general manager in the general manager's absence. 2. Speed-Limit Enforcement. a. Sun Lakes is a residential community with relatively narrow streets, winding streets, and many areas, including streets and parking areas, which are used by trucks, cars, golf carts and pedestrians. Accordingly, the Association has established speed limits to promote safety within our private community. • The speed limit is a maximum of 20 miles per hour on all streets except on Country Club Drive and Gleneagles Drive on which the limit is a maximum of 25 miles per hour. b. Speed-limit fine schedule: Excessive Speed Fine Amount Up to 5 mph over posted limit $ 25.00 6 to 10 mph over posted limit $ 50.00 11-15 mph over posted limit $ 75.00 16+ mph over posted limit $100.00 3. Other Violations and Penalties. The photo radar unit may document other violations depending on circumstances. Penalties for these violations are as follows: Violation Fine Amount Failing to stop at a stop sign $ 25.00 Bicycle riding on pedestrian sidewalk $ 10.00 Driving on the wrong side of the street $ 25.00 Walking or running a leashed animal while operating a vehicle $ 50.00 Under age 16 driver $ 25.00 Except to the extent the Association has a specific Board-adopted rule on point, the Association's traffic rules are the rules of the road prevailing under the California Vehicle Code, and each violation thereof occurring on the Association's private streets and drives shall be subject to a fine not to exceed $100.00. Violations and fines will be combined in a single citation where appropriate. For example, violations may be charged for both exceeding the speed limit and running a stop sign where that is demonstrated by the photo radar evidence. (The photo radar unit takes photos at a rate of 16 to 32 frames per second.) As with all Association enforcement, the foregoing fine schedules are not the exclusive remedy available to the Association. The Board of Directors reserves the right to use any and all remedies provided under the Association's governing documents or California law as the Board may deem appropriate under the circumstances, including, but not limited to, suspension of a member's privileges. 4. Members' Responsibility. As with the Association's other rules, members are responsible for the conduct of their tenants, guests and invitees. Each member is responsible for those persons that the member calls into or brings into the community regardless of whether those persons are the member's social guests, family Rule Change Concerning Speed Limit 8 | sun lakes lifestyles | OCtOBeR 2015 |