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HomeMy WebLinkAboutOrdinance 2014-432 ORDINANCE NO. 2014- 4 32, AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 256 OF THE CODE OF ORDINANCES TO PROHIBIT THE USE OF SKATEBOARDS, OR OTHER SIMILAR NON-MOTORIZED OR MOTORIZED DEVICES AS DEFINED HEREIN ALONG COLLINS AVENUE AND SUNNY ISLES BOULEVARD; PROVIDING FOR LEGISLATIVE INTENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the purpose of Chapter 256 of the Code of Ordinances of the City of Sunny Isles Beach (the "City") is to protect the life, safety and welfare of residents and visitors who travel throughout the City by vehicle or foot; and WHEREAS, the majority of travel throughout the City occurs along its main corridors, including Collins Avenue and Sunny Isles Boulevard/SR 826; and WHEREAS, pedestrians who travel along Collins Avenue or Sunny Isles Boulevard/SR 826 have reported several incidents in which they were injured and/or forced off the sidewalk by individuals using skateboards or other similar self-propelled devices; and WHEREAS, Article VIII, Section 2, Constitution of the State of Florida, as revised in 1968, provides for and establishes municipalities and grants to those municipalities governmental, corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services and authorizes said municipalities to exercise any power for municipal purposes, except as otherwise provided by law; and WHEREAS, Chapter 166, Florida Statutes, known as the "The Municipal Home Rule Powers Act" implements by general law the authority and jurisdiction granted to municipalities by the Florida Constitution and establishes home rule for said municipalities; and WHEREAS, pursuant to The Municipal Home Rule Powers Act, the City Commission desires to enact this Ordinance prohibiting the use of skateboards, roller blades/in-line skates, coasters/scooters, or Segways_on the eastern/western sidewalk areas along Collins Avenue and the northern/southern sidewalk areas along Sunny Isles Boulevard/SR 826 within the corporate boundaries of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Words added underlined,words stricken deleted(ed) Page 1 of 4 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 by this Ordinance upon adoption hereof. Section 2. Legislative intent. The purpose of this Article is to prohibit the use or operation of skateboards, roller blades/in-line skates, coasters/scooters, or Segways on the eastern/western sidewalk areas along Collins Avenue and the northern/southern sidewalk areas along Sunny Isles Boulevard/SR 826 within the corporate boundaries of the City. The City deems such activity to be a nuisance and a danger to pedestrians, and such activities may also cause damage to public property. The intent of this Article is to alleviate the nuisance and danger caused by such activity along Collins Avenue and Sunny Isles Boulevard/SR 826. Section 3. Amendment. Chapter 256 of the City Code is amended to include a new Article VI to read as follows: ARTICLE VI RESTRICTION ON SKATEBOARDS, NON-MOTORIZED AND MOTORIZED DEVICES. § 256-40 Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Skateboard means a board made of wood, fiberglass, or other material or combination of materials mounted on two axles, front and rear, with two wheels made of clay, polyurethane, or other material or combination of materials attached to each axle that is propelled by foot or other mechanical means. The term "skateboard" includes motorized skateboards propelled by a motor mounted on the skateboard. Inline skate and roller blade mean a manufactured or assembled device consisting of an upper portion that is intended to be secured to a human foot, with a frame or chassis attached along the length of the bottom of such upper portion, with such frame or chassis holding two or more wheels that are longitudinally aligned and used to skate or glide by means of human leg power. Coaster and scooter means a board or platform of any type of material mounted on two or more wheels attached to the underside and controlled by an upright steering handle that is self- propelled by the user in an upright position. Segway means an electric personal assistive mobility device consisting of a two-wheeled platform for the feet mounted above an axle and an upright post with handles designed to propel the rider by a motorized means of transportation. § 256-41 Prohibition. No person shall use or operate a skateboards, roller blades/in-line skates, coasters/scooters, or Segways on the eastern/western sidewalk areas along Collins Avenue or the northern/southern Words added underlined,words stricken deleted(ed) Page 2 of 4 sidewalk areas along Sunny Isles Boulevard/SR 826 located within the corporate boundaries of the City of Sunny Isles Beach. § 256-42 Penalties and enforcement. A person who commits a first time violation of Section 256-41 will be issued a verbal warning. Any person who commits a subsequent violation of Section 256-41 will be assessed a non- monetary penalty of eight (8) hours of volunteer community services to be administered by the City Manager or his designee. Such provision of services shall be carried out under adequate supervision, with proper regard foAr the health and safety of participants, and in accordance with applicable state and federal law. In the event the violator fails to comply with the volunteer community service requirements, the Special Master shall be authorized to impose a fine against the violator in an amount not to exceed $50.00 (fifty dollars) in accordance with the procedures established in Chapter 14 of the City Code. This Section shall be enforced by the City's Police Department. § 256-43 Effective Date for enforcement. Prior to enforcement of the Section 256-42 above, the City will create and implement an educational outreach program, including but not limited to presentations and/or educational brochures. The program will include educational presentations to children at the Norman S. Edelcup/K-8 elementary school, as well as to the community at large, concerning skateboarding within the City. This educational outreach program shall be administered for a minimum period of ninety (90) days after adoption on second reading of this Ordinance. Section 3. 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, clause, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the Commission, and it is hereby ordained, that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Sunny Isles Beach, Florida; and that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "ordinance" shall be changed to "section" or other appropriate word, as required. Section 5. Repealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed. Section 6. Effective Date. This Ordinance shall be effective after adoption on second reading. PASSED and ADOPTED on first reading the i 3 ' day of M pr`s 2014. Words added underlined,words stricken deleted(ed) Page 3 of 4 PASSED and ADOPTED on second reading the 194h day of 3 it N a 2014.C'/': if)44/441)No an S. Edelcup, a or P Y ATTEST: 1\- tol- LiAr■.0-1.----) . ines, MMC, City Clerk APPROVED AS TO FORM AND A FICIENCY:;Ng i1/4 Mir r a( G tinot, Ci'y Attorney Moved by: 0,b yvk�lu2A G Pc-TTb Seconded by: COyvvir"... St,b3QE.._. 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E + 9 �md� y » RAF $J 3 y S€ , \ . a 2.ar ,yq ,Ya ti £ �fY� � E3 Li3 SJr1NY is4 City Commission F s City Of Sunny Isles Beach Norman S.Edelcup,Mayor �a F 18070 Collins Avenue, Suite 250 Isaac Aelion,Vice Mayor Sunny Isles Beach, Florida 33160 Jeanette Gatto, Commissioner Jennifer Levin,Commissioner * * Geor a"Bud"Scholl,Commissioner (305)947-0606 City Hall g x (305)949-31 13 Fax tiF 9�* F L� \ `'�, (305)947-2150 Building Department Christopher J.Russo City Manager Hans Ottinot,City Attorney CST F OF suN Pao (305)947-5107 Fax Jane A.Hines,MDIC,City Clerk MEMORANDUM TO: Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney / � DATE: June 19, 2014 RE: Ordinance amending Chapter 256 of the Code of Ordinances to prohibit skateboards or other similar non-motorized or motorized devices along the Collins Avenue and Sunny Isles Boulevard/SR 826 sidewalks areas RECOMMENDATION The proposed Ordinance amending Chapter 256 of the Code of Ordinances is presented for your consideration. REASONS At the City Commission meeting held on April 17, 2014, the City Attorney's Office was directed to prepare an Ordinance prohibiting skateboards along Collins Avenue. This request was made after several City residents complained about being injured by skateboarders along Collins Avenue. The residents complained about the associated nuisance and danger of skateboarders using the same sidewalk areas that pedestrians also use. The majority of travel throughout the City occurs along its main corridors, including Collins Avenue and Sunny Isles Boulevard/SR 826. On May 15, 2014, the City Commission passed the first reading of the proposed Ordinance prohibiting skateboards on the eastern/western sidewalk areas along Collins Avenue and the northern/southern sidewalk areas along Sunny Isles Boulevard/SR 826. At the agenda review workshop held on June 17, 2014, the City Commission considered expanding the prohibition to include other similar non-motorized and motorized devices. The purpose of this proposed Ordinance is to prohibit the use or operation of skateboards, roller blades/in- line skates, coasters/scooters, and Segways, on sidewalks along Collins Avenue and Sunny Isles Boulevard/SR 826. The City deems such activity to be a nuisance and a danger to pedestrians, and such activities may also cause damage to public property. A person who commits a first time violation of this Ordinance will be issued a verbal warning. Any subsequent violation will result in a non-monetary penalty of eight (8)hours of volunteer community services to be administered by the City Manager or his designee. In the event the violator fails to comply with the volunteer community service requirement, the Special Master shall be authorized to impose a fine against the violator in an amount not to exceed $50.00 (fifty dollars) in accordance with the procedures established in Chapter 14 of the City Code. Age nda I . q Date (c- 1.9- i