HomeMy Public PortalAbout2000-02 Amending Chapter 26 Traffic and Vehicles creating article III Speed ZonesORDINANCE NO. 2000-2
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING CHAPTER 26 "TRAFFIC AND
VEHICLES" OF THE CODE OF THE VILLAGE OF KEY
BISCAYNE; CREATING ARTICLE III "SPEED ZONES;"
ESTABLISHING 20 MPH MAXIMUM SPEED FOR
VEHICLES OPERATED IN RESIDENCE DISTRICT
STREETS OF THE VILLAGE OF KEY BISCAYNE;
PROVIDING PENALTY; PROVIDING FOR REPEAL;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Section 316.189, Florida Statutes, as amended, permits municipalities to
establish reasonable speed limits of twenty (20) or twenty-five (25) miles per hour in residence
districts after an investigation determines that such speed limit is reasonable and in conformity with
criteria promulgated by the Department of Transportation; and
WHEREAS, Section 30-299 of the Code of Miami -Dade County likewise provides that a
municipality, after an investigation, may set speed zones altering the maximum speed limit of thirty
(30) miles per hour, after an investigation determines that such reduced speed limit is reasonable and
in conformity with criteria promulgated by the Department of Transportation; and
WHEREAS, the Village of Key Biscayne Police Department (the "Police Department") has
conducted an investigation in accordance with, and utilizing the procedures set out by, applicable
law and the promulgated rules of the Florida Department of Transportation; and
WHEREAS, the investigation by the Police Department has demonstrated that a maximum
speed of twenty (20) miles per hour is a reasonable speed for all local streets within the residence
districts of the Village of Key Biscayne, excluding any County or State roads within the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. That the above findings and recitals are hereby confirmed and adopted.
Section 2. That Chapter 26 "Traffic and Vehicles" of the Code of the Village of Key
Biscayne is hereby amended by creating a new Article III "Speed Zones," to read as follows:
ARTICLE III "SPEED ZONES."
Section 26-40. Definitions. Except where the context indicates a
different meaning, the words and terms used herein shall have the
meanings provided in Section 316.003, Florida Statutes, as amended
from time to time.
Section 26-41. Applicability. Except as otherwise specified in
Section 26-42 as to Harbor Drive, the reduced maximum speeds for
motor vehicles provided by this Article shall apply to all residence
district streets and alleys within the Village of Key Biscayne
excluding any State or County road. Nothing in this Article shall alter
or affect school speed zones established pursuant to Section
316.1895, Fla. Stat.
Section 26-42. Speed Zones; Established; Etc.
(a) As authorized by Section 316.189(1), Florida Statutes, there is
hereby established a maximum speed limit of 20 miles per hour
for all streets in residence districts of the Village of Key
Biscayne, except for Crandon Boulevard and Harbor Drive.
(b) Except as provided in (a) above, maximum speed limits in the
Village shall be as provided by Section 30-299(2) of the Miami -
Dade County Code as to County roads, and as provided by
Section 316.183 and Section 316.187, Florida Statutes, as to
State roads. The maximum speed limit of 30 miles per hour
shall continue to apply to Harbor Drive pursuant to Section 30-
299 (1) of the Miami -Dade County Code and Section 316.183
and Section 316.189, Florida Statutes.
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(c) Speed zones shall be posted in accordance with Section
316.189(3), Florida Statutes.
Section 26-43. Penalty. Upon issuance of a Florida Uniform Traffic
Citation, violators shall be prosecuted in the County Court and shall
be subject to penalties pursuant to the county -wide schedule for fines
and fees as regularly applicable to motor vehicle speeding violations.
Section 3. Repeal. That all ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed insofar as they are in conflict.
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 the
Village of Key Biscayne; 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," "Article"
or other appropriate word.
Section 5. 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 6. Effective Date. This Ordinance shall be effective upon adoption on second
reading.
PASSED AND ADOPTED on first reading this 8th day of February , 2000.
PASSED AND ADOPTED on second reading this 14th day of March , 2000.
CONCHITA H. ALVAREZ, CMC, VILLAGE
APPROVED AS TO FORM AND LEGAL S
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103001 \ordinances\speed zones
RICHARD JAY WEISS, VILLAGE ATTORNEY
JOE I. ! , ► : YOR
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