HomeMy WebLinkAboutOrdinance 2009-331
ORDINANCE NO. 2009-33J
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER
256 OF THE CITY CODE TO REDUCE THE WARNING
PERIOD FOR RED LIGHT TRAFFIC VIOLATORS FROM
NINETY (90) DAYS TO THIRTY (30) DAYS AND
RENUMBERING THE "DANGEROUS INTERSECTION
SAFETY ACT" FROM ARTICLE III TO ARTICLE IV;
PROVIDING FOR REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on July 17, 2008, the City Commission passed and adopted Ordinance No.
2008-309, which amended Chapter 256 of the City Code to create the "Dangerous Intersection
Safety Act"; and
WHEREAS, Ordinance No. 2008-309 authorized the use of unmanned
cameras/monitoring systems in the City to promote compliance with red light signal directives;
and
WHEREAS, Section 256-27 of Ordinance No. 2008-309 provides for a ninety (90) day
introductory notice period during which time drivers of vehicles receiving a citation from a police
officer at the time of a red zone infraction receive a courtesy notice of the violation; and
WHEREAS, the City desires to reduce the warning period for red light traffic violators
from ninety (90) days to thirty (30) days and to renumber the "Dangerous Intersection Safety
Act" in Chapter 256 of the City Code from Article III to Article IV.
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 by this Ordinance
upon adoption hereof.
Section 2.
Amendment. Chapter 256 of the City Code is amended to read as follows:
Chapter 256: Vehicles and Traffic
***
Article m IV Dangerous Intersection Safety Act
Words added underlined, words stfiekefl deleted (ed)
Page I 00
Section 256-27 Ninet)' Thirty Day notice; introductory period.
For the first ninety (90) thirty (30) days following the effective date of this Article, unless the
driver of a vehicle received a citation from a police officer at the time of a Red Zone Infraction in
accordance with normal traffic enforcement techniques, the vehicle owner shall receive a
courtesy notice of the violation. Commencing ninety one (91) thirty one (31) days after the
effective date of this Article, the vehicle owner is subject to the enforcement provisions as set
forth herein.
Section 3. Severability. The provisions of this Ordinance are declared to be severable and if
any section, sentence, clause or phrase of this Ordi nance shall for any reason be held to be inval id
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 the
City of Sunny Isles Beach, Florida; and that the section 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 ten (10) days after adoption on
second reading.
PASSED and ADOPTED on first reading the \ f8~ day of -:::JU.k'l E:.
PASSED and ADOPTED on second reading the It,~ day of:J\AL.~
2009.
ATTEST: I
~~~
Jane A. Hines:.GMC, City Clerk
2009.
o FORM
FFICIENCY:
Words added underlined. words ~ deleted (ed)
Page 2 01'3
Vote: 5 ..b
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
Words addcd underlincd. words ~ delcted (cd)
Moved by: rn~ ~oom~
Seconded by: C~ ~c..\-\tfLL
-1L...(Yes)
V(Y es)
V(Y es)
\.:7'(Y es)
V (Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
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'FPL, FROM 6
CITY OF SUNNY ISLES BEAC:U
NOTICE OF PUBLIC HEARING
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nologies, said FPL spokes- :
man Mayco Villafana. '
The utility also claims the!
base rate increase would be! NonCE IS HEREBY GIVEN that the City Commission of the City of
offset by an anticipated! ~~~~~ ~~:e~~~~~t6~~~:;,~~~~'~ ~~~~~:~~~~ii~s~~~ ~~:rz~~~~
decrease in fuel costs. ! 18070 Collins Avenue, Sunny Isles Beach. Florida, on Thursday, July
But fuel prices are highly! 16, 2009, at 6:30 p.m., to consider final adoption of the following
volatile. j proposed Ordinance:
"If fuel prices go up, you: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
are going to see a higher base: SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 256 OF
rate, plus higher fuel costs. ! THE CITY CODE TO REDUCE THE WARNING PERIOD FOR RED
At some point, you are! ~I;~J':::~~~ ~~~~:~::ROO~:OI~:;~s~~il~~A~~F~~
going to be hit with both! ACT" FROM ARTICLE III TO ARTICLE IV; PROVIDING FOR
rates, and overall, you are! REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR
going to see a very large! INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
increase in your [utility] i Inqliries regarding this item may be directed to the City Clm at 305.792.1703. A
bill," said deputy public i copyofthisdocl.rnentlsavailableforpublicinspectiond..lIingnormalbuslnessholJS
counsel of Florida Charlie J.! In C'y H~1.
Beck, who represents those ~ Jane A Hines, CMC, City Clerk
opposing FPL's base rate! ~1f:':;e~~~:~~::p~e~~~=~o~~~'":~~::"~n:zI:S~;~~
increase. i the City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles
In its fuing. FPL asked for ~ Beach, Aorida. 33160. Any person wishing to address the City Commission at
the possibility of intennittent i :~~~I~:'e:~g ~a:~~t~~ ~~t~~~h ~=:~~~:~rn~o::~~~ ~~~
increases, as when power i may be continued at this meeting and under such circumstances, additional
plants are added to the grid. i legal notice would not be provided. If a person decides to appeal any decision
This made sense to Jose! made by the City Commission with respect to any matter considered at such
Rocca, a small.business i =~~~~~~~~~;~~~~~~e:.r;;,~~~~~fi~r~~~:~~~~
owner from Miami. i includes the testimony and evidence upon which the appeal Is to be based. This
uI do believe that FPL! notice does not constitute consent by the City for introduction or admlssion of
needs to adjust the base rate ~ ~~a=~I':~:e:~s~ ~~:=~~ ~~~~nce, nor does it authorize challenges
increase," Rocca said. "In j In accordance with the Americans with Disabilities Act, all persons who are
order for a company to grow j disabled and who need special accommodations to participate in this meeting
and provide a better service, i because of that disability should contact the. City .Mana~er ~t 30~.947~0606,
it needs to invest in the 1 no later than 48 ht?urs poor to the proceedings; if heanng unpaired, please
future." lk;'ephooe "::_:":eat305-792-1~90to'asslstance . . . ..... .. ...... ..JJ
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CITY OF SUNNY ISLES BEACH
NOTICE OF CITY COMMISSION
WORKSHOP
NOTICE IS HEREBY GIVEN that a Workshop will
be held by the City Commission of the City of
Sunny Isles Beach, Florida, in the Sunny Isles
Beach Government Center, 4": Floor Conference
Room, 18070 Collins Avenue, Sunny Isles
Beach, on Tuesday, July 14, 2009 at 8:30 a.m.
for questions that the Commission may have
concerning the July 16, 2009, Regular City
Commission meeting.
All persons are invited to attend and observe this
public workshop meeting. Inquiries may be directed to
the City Clerk's OffieB at 305-792-1703.
Jane A. Hines, CMC, City Clerk
In accordance with the Americans with Disabilities Act,
all persons who are disabled and who need special
accommodations to participate in this meeting because
of that disability should contact the City Manager at
305-947-0606, no later than 48 hours prior to the proceedings;
if hearing impaired, please telephone the TTY line at
305-792-1590 for assistance.
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Preview
Page 1 of 1
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fa x
MEMORANDUM
TO:
The Honorable Mayor and City Commission
FROM:
Rick Conner, City Manager
DATE:
7/16/2009
RE:
An Ordinance amending Chapter 256 of the City Code establishing the
critera for the installation and operation of Red Light Cameras
RECOMMENDA TION:
We recommend that the City Commission approve this Ordinance on first
reading.
REASONS:
We recommend that the City Commission approve this Ordinance amending
Chapter 256 of the City Code which established the criteria for the installation
and operation of Red Light Cameras within the City. This amendment will reduce
the initial grace period time from ninety days to thirty days. Because we were not
able to initiate this program as quickly as originally expected, we believe this
amendment is both prudent and necessary.
FUNDING SOURCE:
No funding is required.
ATTACHMENTS:
. Ordinance
Agenda Item W
Date 1- )It,- 0 q
http://sibagenda.sibfl.net/ agendalPrevi ew. aspx?I temI D= 5 0& M eeti ngI 0