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HomeMy Public PortalAbout1997-23 Amending ordinance No 97-2 concerning the use of golf cartsORDINANCE NO. 97-23 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING ORDINANCE NO. 97-2 CONCERNING THE USE OF GOLF CARTS; TO AMEND SECTION 2 "DEFINITIONS" OF ORDINANCE 97-2 BY AMENDING PARAGRAPH (A) "DESIGNATED STREETS" TO DELETE THE EXCEPTION OF HARBOR DRIVE AND FROM THE STREETS DESIGNATED FOR GOLF CART USAGE; AND AMENDING SECTION 4 "PROHIBITED USE" OF ORDINANCE 97-2 BY REVISING PARAGRAPH (E) SO AS TO REMOVE HARBOR DRIVE FROM THE AREA OF PROHIBITED USE OF GOLF CARTS AND TO ENABLE LIMITED USE OF GOLF CARTS UPON CRANDON BOULEVARD; ENABLING GOLF CARTS TO BE UTILIZED UPON HARBOR DRIVE UPON THE SAME BASIS AS UTILIZED ON OTHER DESIGNATED STREETS WITHIN THE VILLAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.; OVIDINGFOrs CONDITION AS TO WHEREAS, pursuant to Ordinance No. 97-2 the Village adopted regulations permitting the use of golf carts on certain public roads within the Village of Key Biscayne, in accordance with Section 316.212 Fla. Stat.; and WHEREAS, the Village Council desires to amend Ordinance No. 97-2 to enable the operation of golf carts upon Harbor Drive and Crandon Boulevard upon the same basis as golf carts are authorized to be operated upon other streets within the Village. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: 1 Additions to existing text are indicated by underline; deletions are indicated by strikeout. Section 1. That Ordinance No. 97-2, concerning the use of golf carts, is hereby amended by amending Section 2 "Definitions", at paragraph (a) "Designated Streets", to read as follows: Section 2. Definitions. (a) Designated Streets. All streets within the Village except Harbor Drivc and Crandon Boulevard. Section 2. That Ordinance No. 97-2, concerning the use of golf carts, is hereby amended by revising paragraph (e) of Section 4 "Prohibited Use", as follows: Section 4. Prohibited Use. The operation in the Village of any golf cart in the following manner or under the following conditions is prohibited:... (e) Anywhere on the roadway surface of Crandon Boulevard, and IIarbor Drive, except to cross these that thoroughfares at marked intersections or intersections regulated by a traffic signal or to travel north or south upon Crandon Boulevard solely for the purpose of reaching the immediately next intersection. The operation of golf carts upon Crandon Boulevard pursuant to this paragraph (e) shall be subject to authorization from Metro -Dade County pursuant to Sec. 316.212(1) Fla. Stat.. 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, clauses, 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 Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Key Biscayne, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish 1 Additions to existing text are indicated by underline; deletions are indicated by strikeout. such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Penalty. Pursuant to Sec. 1-14 of the Village Code, any person who violates any provisions of this Ordinance shall, upon conviction, be punished by a fine not to exceed $500 or imprisonment in the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. Pursuant to Section 2-31 et seq. of the Village Code this Ordinance shall be subject to enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Section 6. Effective Date. This Ordinance shall be effective immediately upon passage by the Village Council on second reading. PASSED AND ADOPTED on first reading this 21st day of October, 1997. PASSED AND ADOPTED on second reading this 18th day of November, 1997. ,e-,/,_. F. FESTA, MAYOR AT =.T: //34 e/7 (‘,5' CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RI ARD J. WEISS, VILLAGE ATTORNEY 'Additions to existing text are indicated by underline; deletions are indicated by strikcout.