HomeMy WebLinkAboutOrdinance 2002-152
ORDINANCE NO. 2002- I 52
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AMENDING SECTION SA OF THE CODE OF
MIAMI-DADE COUNTY, FLORIDA, AS ADOPTED BY MUNICIPAL
CHARTER SECTION 8.3 OF THE CITY OF SUNNY ISLES BEACH TO
REQUIRE RENTAL CAR COMPANIES LOCATED WITHIN THE
CORPORATE LIMITS OF SUNNY ISLES BEACH TO MAKE CHILD
RESTRAINT DEVICES AVAILABLE TO RENTERS; REQUIRING RENTAL
CAR COMPANIES TO NOTIFY RENTERS OF REQUIREMENTS REGARDING
CHILD RESTRAINT DEVICES; AMENDING CHAPTER 8CC TO PROVIDE
PENALTIES; PROVIDING INCLUSION IN THE CODE; PROVIDING
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, children not seated properly in a federally approved, crash-tested child
restraint device have a greater likelihood of suffering from a fatal or serious injury during a car
accident; and
WHEREAS, the State of Florida has enacted a requirement that every operator of a
motor vehicle transporting a child shall protect that child by using a crash-tested, federally
approved child restraint device; and
WHEREAS, children 3 years old and younger are required to be in a federally approved
restraint device that is a separate carrier or a vehicle manufactured integrated child seat; and
WHEREAS, children 4 to 5 years old must be in a federally approved restraint device
which would include a separate carrier, an integrated child seat, or a seat belt; and
WHEREAS, Sunny Isles Beach is a premier tourist destination with visitors from all
over the world; and
WHEREAS, many tourists rent cars and are not otherwise informed of Florida's child
restraint law but are expected to comply with the law.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Section 8A of the Code of Miami-Dade County, Florida, as adopted by Municipal
Charter Section 8.3 of the City of Sunny Isles Beach is hereby amended to provide new sections
8A-3, 8A-4, and 8A-5 that shall read as follows:
CHAPTER 8A BUSINESS REGULATIONS
I. IN GENERAL
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02002- Rental Car Companies Rental of Child Restraint Devices 1
Sec. 8A-3.
Every rental car company located within the corporate limits of Sunny Isles Beach. as defined in
section 8A-I.l in the Miami-Dade County Code. shall make available for rental to persons
traveling with children. five (5) years of age and under. federally approved. crash-tested child
restraint devices in accordance with section 316.613. Florida Statutes. as may be amended. that
are not older than five (5) years and are in good. clean and safe condition. with no missing
original parts ("approved child restraint devices"). Nothing contained herein precludes a rental
car company from utilizing a third party to make approved child restraint devices available to
renters at the rental car company as required by this section.
Sec. 8A-4.
Every rental car company located within the corporate limits of Sunny Isles Beach shall display
in a prominent place within the rental car company a sign no smaller than two (2) feet by two (2)
feet with the following message in letters no less than one (1) inch high:
SECTION 316.613. FLORIDA STATUTES. REQUIRES EVERY OPERATOR OF A
MOTOR VEHICLE TRANSPORTING CIillDREN AGE 5 AND UNDER TO
PROPERLY USE A FEDERALLY APPROVED. CRASH-TESTED CIillD
RESTRAINT DEVICE.
THIS CAR RENTAL COMPANY HAS FEDERALLY APPROVED CRASH-TESTED
CIillD RESTRAINT DEVICES AVAILABLE FOR RENT.
The message shall be in English. Spanish and Creole. The posted notice specified in this section
is not required where the rental car company furnishes a written notice to the renter which
contains the same information as required for the posted notice. and the written notice is
acknowledged in writing by the renter.
Sec. 8A-5.
In addition to any other penalties provided by law. a violation of any provision of this Ordinance
by a rental car company located within the corporate limits of Sunny Isles Beach shall constitute
a civil offense punishable by the applicable civil penalty provided in the schedule of civil
penalties. In the event that a rental car company utilizes a third party to make available approved
child restraint devices. and the third party fails to make available to renters the required child
restraint devices. the rental car company shall be sublect to the applicable civil penalties
provided for in this section. The provisions of this ordinance shall be enforced by the Code
Enforcement and Licensing Department.
02002- Rental Car Companies Rental of Child Restraint Devices 2
Section 2. Section 8CC of the Code of Miami-Dade County, Florida, as adopted by Municipal
Charter Section 8.3 of the City of Sunny Isles Beach is hereby amended to read as follows:
CHAFTER8CC CODEENFORCEMENT
***
Sec. 8CC-1O. Schedule of civil penalties.
***
Code Section
Description of Violation
Civil Penalty
8A-3
Failure to make available required child restraint devices
$300.00
8A-4
Failure to post sign or provide written notice
$300.00
Section 3. Inclusion in the Code. It is the intention of the City Commission of the City of
Sunny Isles Beach, that the provisions of this Ordinance shall become and be made part of the
City of Sunny Isles Beach Code of Ordinances. The sections of this ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance" may be
changed to "section," "article," or other appropriate word.
Section 4. Authorization to City Clerk. The City Clerk shall send a certified copy of this
Ordinance to all rental car companies located within the corporate limits of Sunny Isles Beach
within ten days of adoption.
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Section 5. Severability. If any section, subsection, sentence, clause or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 6.
Effective Date. This ordinance shall become effective on May 27,2002.
PASSED AND ADOPTED on first reading this ~day of JY\ ~
PASSED AND ADOPTED on second reading this I ~day of Pt
,2002.
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:;R.ich*d Brpwn-Mqiilla, City Clerk
,2002.
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
~eisser, City Attorney
Motion on second reading by: c.~ G~
Second on second reading by: Co~ K~
VOTE: 5-0
Mayor David Samson
Vice Mayor Danny Iglesias
Commissioner Norman S. Ede1cup
Commissioner Gerry Goodman
Commissioner Lila Kauffman
(yes) V
(yes) v
(yes) ............
(yes) ~
(yes) _
(no)_
(no)_
(no)_
(no)_
(no)_
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