HomeMy WebLinkAboutOrdinance 2018-523 ORDINANCE NO. 2018-
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ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-47
OF THE CITY CODE RELATING TO DRIVEWAY STANDARDS
TO CLARIFY APPROPRIATE TRAFFIC SIGNAGE FOR
DRIVEWAYS; PROVIDING MAINTENANCE OF DRIVEWAYS BY
PROPERTY OWNERS; PROVIDING FOR REPEALER;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City seeks to provide safety for their residents, children, and visitors by
amending the driveway standards requirements; and
WHEREAS, the City Commission wishes to amend its code to require appropriate traffic
signage for driveways and clarify requirements for maintenance of driveways by property
owners.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Amendment. Section 265-47 of the Code of Ordinances of the City of Sunny Isles
Beach is hereby amended to read as follows:
§ 265-47. Driveway standards.
A. Design. Driveway location, cross sections_ and grades, and traffic signs shall be
installed in accordance with this section, approved engineering plans, and the Florida
Building Code. the U.S. Department of Transportation Manual on Uniform Traffic
Control Devices for Streets and Highways, and the Miami-Dade County Department
of Transportation and Public Works Standards as amended from time to time. •
Driveway access to the street system shall be according to the the subdivision design
standards and street layout standards contained in these regulations.
G. Maintenance of the Driveway. Once a driveway is constructed. the property owner
shall be responsible for maintaining. and repairing the pavement. signing and striping
and other features installed for operations on the driveway.
Section 2. 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,
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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 3. 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 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 4. Repealer. All ordinances or part of ordinances in conflict herewith be and the
same are hereby repealed.
Section 5. Effective Date. This Ordinance shall be effective ten (10) days after adoption on
second reading.
PASSED and ADOPTED on first reading the 11 day of Mitl 2018.
PASSED and ADOPTED on second reading the 21 day o 1 E 2018.
•
George Sc r oll, Mayor
ATT 4.j,..
ir
Mauricio Betanc+r-, CMC, City Clerk
APPROVED AS TO FORM
AAivU)' ICIENCY:
Al/E
Fans attinot, Ciry Attorney
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Moved by: COIMOI4SStonic avrto
Seconded by: V 1 CE IMP-tot p(,DNt
•
Vote:
Mayor Scholl J (Yes) (No)
Vice Mayor Goldman --V(Yes) (No)
Commissioner Aelion I (Yes) (No)
Commissioner Gatto ✓ (Yes) (No)
Commissioner Svechin I (Yes) (No)
Words added underlined,words stricken deleted(ed) Page 3 of 3
Our Policy
Requiring Stop Signs At All Driveway Exits
Our class concludes that the most effective policy for our problem, as stated below, is to create
a city ordinance requiring all properties to contain stop signs at all driveway exits of all buildings.
Sunny Isles Beach majorly consists of condominiums and hotels and many condominiums do not
currently have stop signs at their exits. This has been one of the major reasons our students have
either gotten hit by cars or have almost gotten hit by cars. We'd also like the city to replace fading
or broken biking path signs, as well as providing extra signs to further inform pedestrians. The
policy stated above, as well as "stop" signs on both public and private condominium intersections
is the most effective solution for bicycle safety.
One way the new proposed law will help promote bike safety is that stop signs will prevent the
common cause of accidents involving cars and bikes: limited reaction time between cars and bikes.
With the necessity of stopping or yielding due to several visual warnings, motorists will acquire
more time to scan their immediate surroundings and react to bikers. This will cause cars to be less
likely to run over a cyclist, potentially preventing a fatal accident.
In addition to these proposed policies, after a productive meeting with Hans Ottinot, the Sunny
Isles District Attorney, an ordinance involving the above policies regarding motorized vehicles and
stop/yield signs was proposed by the Project Citizen Class. Our proposed ordinance is as follows:
Article I Chapter 256
CAR SIGNAGE AT VEHICLES AND TRAFFIC
CONDOMINIUMS
256-44 Stop or yield signs at unmarked privately and publicly owned intersections.-
I. Privately owned businesses and stores are required to place a stop sign at the designated
entrance and exit unto their property. Publicly owned businesses are required to contact the
public owner of the business if the stop signs are not currently in place; if the required stop
signs are not in place(for both publicly and privately owned businesses), the
business/business owner is required to place one within 10 days after the discovery date.
2. Privately owned businesses and stores are required to place a yield sign at the intersections
entering and exiting their property. Publicly owned businesses are required to contact the
public owner if the stop signs is not currently in place at the intersection(s); if the required
stop signs are not in place(for both publicly and privately owned businesses), the
business/business owner is required to place one within 10 days after the discovery date.
As for advantages to this policy, safety for both bicyclists and pedestrians on sidewalks is the
primary concern. Along with this, safety for both bicyclists and cars on privately and publicly
owned intersections is one of the most prominent advantages. Many other advantages include but
are not limited to,
fewer bike/car and bike/pedestrian accidents, fewer bike deaths, creating.a safer Sunny Isles
Beach, as Florida is currently the most dangerous place in the United States of America for
bicyclists, a cleaner atmosphere (safer bike transportation will encourage people to utilize this
opportunity of a free, clean, and healthy mode of transportation), and increased tourism, bringing
with it new income into Sunny Isles. Amsterdam, Holland is a-major tourist attraction due in part
to the fact that there is a widespread, interconnected biking lane system. People are attracted to the
convenient methods involved in a biking path system and go to Holland to experience it for
themselves. Additional advantages include, increased safety for students heading to NSE SIB k-8
who rely on biking as their mode of transportation to and from school, less street traffic: if more
people ride bikes, there will be fewer cars on the road, meaning less traffic, increased business: if
more bicyclists are safely allowed into private condominiums and shops, the customer range will
increase heavily, and finally more jobs. If more people on bikes means more bike accommodations
throughout Sunny Isles, which will require more people to fulfill these accommodations; such as
creating and placing the signs along condominium intersections and sidewalks.
As opposed to the wide range of benefits listed above, some disadvantages include less
sidewalk space for pedestrians, increased intersection traffic: if more cars and motorized vehicles
need to yield and stop for cyclists, the intersections will become more chaotic and crowded with
• more cars trying to pass through, increased cost: private businesses and condominiums will be
required to pay for any bicycle accommodations they choose to contain, as opposed to the public
businesses whose public owner(the city or some other type of public ownership network e.g.
district, county, state)will fulfill the cost for them, increased traffic on sidewalks, and less room
for handicapped or disabled people in wheelchairs to access the sidewalk. Despite the
disadvantages listed above, the proposed policy is in many more ways beneficial than it is harmful.
The policy proposed does not contradict any amendments to the constitution, nor does it
conflict with any existing laws. The city government and the policy proposed cannot interfere with
anyone's freedoms relating to speech, religion, or expression. Building signs to place on sidewalks
does infringe upon anyone's right to protest or express their thoughts or beliefs. It does not
furthermore restrict anyone from practicing his or her religion at any given moment. The proposed
policy also does not contradict the right to a person's life, liberty and property due to the fact that
no property is being withheld from the public under any circumstance, no one is being denied their
basic freedoms, and no one is restricted by a dictatorial rule to abide by the law and statutes.
Likewise, placing stop signs or biking signs on sidewalks and intersections does not involve
entering anyone's private dwelling. Finally, biking signs and stop signs relate in no way to
discrimination upon anyone; it does not single out any one group in particular and does not address
one nationality or one race as anything different from any other nationality or race.
In conclusion, the proposed public policy to add bike path signs and "stop" and'`yield to bikes"
signs will benefit both bikers on the road, and those on the sidewalks. It will offer a safe alternative
to the currently fatal situations bikers must face every day. The proposed ordinances regarding
pedestrians on sidewalks will prevent bike traffic and help propel the safety of our students. For
the well-being of bikers, pedestrians, and motorists throughout Sunny Isles Beach, this is the most
efficient solution.
�S NNYtsiF CitySunny of Isles Beach City Commission
George`'Bud"Scholl,Mayor
Dana Goldman, rice Mayor
1. s 18070 Collins Avenue, Suite 250
SunnyIsles Beach, Florida 33160 Isaac Aelion, Commissioner
u V.� = Jeanette Gatto,Commissioner
(305)947-0606 City Hall Lorisa Svechin,Commissioner
(305)949-3113 Fax
'9 e- : Christopher J.Russo City Manager
.5". 91
* F L o 0 5� (305)947-2150 Building Department
Hans Ottinot,City Attorney
305 947-5107 Fax
cit)"of sus Pao ( ) Nlauricio Betancur,CMC,City Clerk
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Hans Ottinot, City Attorney
DATE: May 17, 2018
RE: Ordinance Amending Section 265-47 of the City Code of Ordinances
RECOMMENDATION
This Ordinance is recommended for your consideration.
REASONS
The Sunny Isles Beach K-8 Community School has a blossoming Civics Education program.
Through this hands-on program, students are able to learn and experience how local and state
government directly impact their community. This year, Ms. Alejandro's Class participated in a
curricular program called Project Citizen. The class worked cooperatively to identify a public
policy problem, researched it, and then proposed a corrective solution. The class recognized
dangerous conditions at the driveway exits of various buildings around Sunny Isles Beach. Due
to the absence of traffic signage at these exit points, the class was concerned that students have
either suffered injury or almost suffered injury by being hit by a car upon exiting the driveway.
As a solution, the class decided to draft an ordinance which requires posted traffic signage on all
driveway exits. The draft Ordinance prepared by the students is attached. The class seeks to have
the City of Sunny Isles Beach adopt a similar Ordinance into the City Code.
This Ordinance will include a requirement for appropriate traffic signage to be displayed on
driveways and will identify the maintenance requirements for the driveway. This Ordinance shall
be for the benefit and welfare of the community.
This Ordinance was requested by Commissioner Larissa Svechin.