HomeMy WebLinkAboutOrdinance 2019-535 ORDINANCE NO. 2019 -S3
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING SECTIONS 201-8
AND 201-9 OF THE CITY CODE OF ORDINANCES TO PROHIBIT
THE USE OF DANGEROUS OBJECTS AND THE UNAUTHORIZED
USE OF UNMANNED AERIAL VEHICLES IN CITY PARKS AND
RECREATION AREAS; , PROVIDING FOR REPEALER;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CITY CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, there are undesirable recreational activities that are prohibited in City parks and
recreation areas in order to enhance public safety; and
WHEREAS, the use of dangerous objects and the unauthorized use of unmanned aerial
vehicles(UAVs), commonly known as drones, inl City parks and recreation areas present a significant
danger to the safety and welfare of the residents of the City; and
WHEREAS, the City Commission wishes to amend the City's undesirable acts and behavior
regulation to include the prohibition of the use of dangerous objects and the unauthorized use of
unmanned aerial vehicles in all City parks and recreational areas.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing"WHEREAS"clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Ordinance upon
adoption hereof.
Section 2. Amendment. Sections 201-8 and Sections 201-9 of the City Code are hereby amended
to read as follows:
Chapter 201- PARKS AND RECREATION AREAS
§ 201-8- Undesirable acts and behavior.
H. Rule 33. Dangerous objects. No activities shall take place in any Public Parks, Recreational
Facilities or any other City owned property including, but not limited to buildings. parking lots or
other facilities, involving the use of any dangerous objects. For the purpose of this subsection.
dangerous objects include, but are not limited to, the following: arrows, javelins, model airplanes,
rockets. or any other dangerous equipment. In addition. the take-off and landing of an unmanned
aerial vehicle (UAV) or drone is prohibited in all Public Parks, Recreational Facilities or any other
City owned property including, but not limited to buildings. parking lots or other facilities. without
written authorization by the City Manager.
§ 201-9- Enforcement and obedience of rules.
Rule 33. Authority of City of Sunny Isles Beach Police Department and City officials.
Section 3. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same
are hereby repealed.
Section 4. Severability. The provisions of this Ordinance are declared to be severable and if any
section, sentence, clause or phrase of this Ordinance shall, for any reason, be held to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
clauses, and phrases of this Ordinance, but shall remain in effect, it being the legislative intent that
this Ordinance shall stand notwithstanding the invalidity of any part.
Section 5. Inclusion in the Code. It is the intention of the City Commission, and it is hereby
ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny
Isles Beach Code; that the sections of this Ordinarice may be renumbered or re-lettered to accomplish
such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate
word.
Section 6. Effective Date. This Ordinance shall become effective ten days after adoption on
second reading.
ti
PASSED AND ADOPTED on first reading the day of IlECEM62018.
PASSED AND ADOPTED on sebond reading t 11 day of ciiA41 t 2019.
'On
George H. Scholl, Mayor
ATT "1;!11..voile
Mil
Maurici. :etan4 ur, CMC, City Clerk
APPR%VED A S TO FORM
AND'L !-A• .UFFICIENCY
LIII/
ss Ottinot, City Attorney /�
Moved by: Covvw\SS, oN Vt OLbviti 444
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Seconded by: CvvtIcso,4 F,� V1 S eA4LIZ44
VOTE:
Mayor Scholl — 4 .11" (Yes) (No)
Vice Mayor Goldman (No)(No)
Commissioner Gatto V (Yes) (No)
Commissioner SvechinV (Yes) (No)
Commissioner Viscarra i (Yes) (No)
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SV1'1NY ist$• Cityof SunnyIsles Beach City Scholl,
Mayor
s George Bud' Scholl,Mayor
° Y---%F 18070 Collins Avenue, Suite 250 Dana Goldman,Vice Mayor
� � Jeanette Gatto,Commissioner
;,:� wr = Sunny Isles Beach, Florida 33160
_ Larisa Svechin,Commissioner
� _ .. (305)947-0606 CityHall Jeniffer Viscarra,Commissioner
�* (305)949-3113 Fax
y '99�" �\o' SSP (305)947-2150 Building Department Christopher J.Russo City Manager
F L O Hans Ottinot,City Attorney
c,T'" of suN P''o (305)947-5107 Fax N1auricioBetancur,CN1C,City Clerk
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Hans Ottinot, City Attorney
DATE: December 20, 2018
RE: Ordinance Amending Sections 201-8 and 201-9 of the City Code to Prohibit the
Use of Dangerous Objects and Unauthorized Use of Unmanned Aerial Vehicles
in City Parks and Recreation Areas.
i
Recommendation:
This Ordinance is presented for your consideration and approval.
Reasons:
City parks and recreation areas are safe havens for our families, especially parents with
young children. As such, it is important to secure not only the physical land, but the
airspace for the safety of our residents. The 'purpose of this Ordinance is to prohibit
dangerous objects, such as arrows, javelins, and rockets from use within our City parks
and recreation areas. Additionally, this Ordinance will prohibit the use of unmanned
aerial vehicles (UAVs), commonly known as drones, which can invade personal privacies
and cause accidents from improper operation. Therefore, it is in the best interest of the
City that the City Code is amended to prohibit the use of such objects, projectiles and
aerial vehicles in our City's public spaces.
This Ordinance has been requested by the Office of the City Manager.