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.
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F. FESTA, MAYOR
AT =.T:
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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.