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HomeMy Public PortalAbout2022-02 Amending Article II, Chapter 26, Golf Carts of the Village Code of OrdinancesO RD IN A N C E N O . 2 0 2 2 -0 2 A N O RD IN A N C E O F T H E V IL L A G E O F KE Y B IS C A Y N E , F L O RI D A , A M E N D IN G A R T IC L E II , C H A P T E R 2 6 , "G O L F C A R T S ," O F T H E V IL L A G E C O D E O F O RD IN A N C E S RE L A T IN G T O G O L F C A R T A N D S L O W M O V IN G V E H IC L E U S E W IT H IN T H E V IL L A G E ; P R O V ID IN G F O R S E V E RA B I L I T Y ; P R O V ID IN G F O R C O D IF IC A T IO N ; P R O V ID IN G F O R C O N F L IC T S ; A N D P R O V ID IN G F O R A N E F F E C T I V E D A T E . W H E RE A S , the Village of Key Biscanye ("Village") desires to amend Article II, Chapter 26 of the Village Code of Ordinances relating to golf carts and slow moving vehicles; and WHEREAS, the Village has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapter 166, Florida Statutes, and Sections 316.212 and 316.008, Florida Statutes; and WHEREAS, golf cart traffic on its streets and roadways of the Village has increased dramatically in recent years; and WHEREAS, the Village's streets are heavily traveled by various classes and kinds of traffic, inclusive of, but not limited to, golf carts; and WHEREAS, golf carts frequently stop or stand, obstructing or interefering with the normal flow of traffic; and WHEREAS, golf carts also park and operate in areas not permitted within the Village and carry more passengers than those for which the golf cart was designed on Village streets; and WHEREAS, the Village desires to address these issues within the Village; and WHEREAS, Section 316.008(1)(a) and (g), Florida Statutes, empowers the Village to exercise its police powers to regulate or prohibit stopping, standing, or parking on streets and to restrict the use of streets in its jurisdiction; and WHEREAS, Section 316.008(1 )(n), Florida Statutes, also empowers the Village to prohibit and regulate the use of heavily traveled streets by any class and kind of traffic found to be incompatible with the normal safe movement of traffic; and WHEREAS, the Village Council hereby finds that this Ordinance is in the best interest and welfare of the residents of the Village. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:1 1 Coding: £trikethrough words are deletions to the existing words. Underlined words are additions to the existing words. Changes between first and second reading are indicated with highlighted d!!Mlll@ strilrnthrnMgh and double underline Page I of6 S e c t io n 1. Recitals. That each of the above recitals are true and correct and incorporated herein by this reference. Section 2. Amendment to Article II, of Chapter 26 of the Village Code. That sections 26-22, 26-23, 26-24 and 26-27 and 26-30 of Chapter 26, Article II, of the Code of Key Biscayne, Florida, is hereby amended to read as follows: ARTICLE II. GOLF CARTS *** Sec. 26-22. - Definitions. Slov, Moving Vehicles. i\ny vehicle designed for use and speeds less than 25 miles per hour. *** Sec. 26-23. - Authorized use. *** (b) i\. Permit to use a Golf Cart on a Designated Street does not permit entry onto private property or semi private property, including retail parking lots, private roads or common areas in condominiums. Access to these areas may be regulated by the property owners and/or property managers. (ej .(hl Golf Carts that are intended to be leased for any amount of time or to be sold shall only be stored on property that has a Main Permitted Use of a Motel, Hotel, or a use within the C-1 District involved in the retail sale of Golf Carts. The storage of the Golf Carts shall not occur within ten feet of any property line that faces a street. Golf Carts with signs shall be parked only in a C-1 Light Intensity commercial District, 0-1 Low Intensity Office District, or at a hotel or motel. *** Sec. 26-24. - Prohibited use. The operation in the Village of any Golf Cart in the following manner or under the following conditions is prohibited: *** ( 4) In violation of State or County Village traffic regulations not otherwise governed by State or County law; Page 2 of6 *** Sec. 26-27. - Reserved. Slew Me¥ing Vehieles. *** Golf Carts meeting the definition of Slov,r Moving Vehicle must also have a "SMV" triangular emblem attached to the Golf Cart pur suant to Metro Dade Ordinance No. 71 94. *** Section 26-30. Enforcement. The Village Police Department shall be responsible for enforcing this article. Violations occurring under Section 26-24 shall be enfo rced as follows: Article 112 Section 26-24 Offense Penaltv Section 26-24 First Offense $75.00 (1) (Without a valid, current driver's license) (3) (Without a valid, current Permit issued by the Village Police De2ai1ment and affi xed the Golf Cart in a cons2icuous location) (4) (In violation of Vill age traffic regulations not otherwise governed by State or County law) (6) (On the beaches, 2arks, bicycle 2aths, sidewalks, or swales of Village) (9) (Cam ing more 2assengers than those for which the Golf Cart was designed) Page 3 of6 Section 26-24 Second Offense $175.00 (1 ) (Without a valid, current driver's license) Notwithstanding the foregoing, with regard to (3) (Without a valid, current Section 26-24(6), violations Permit issued by the Village for golf carts traveling on Police De:Qartment and affixed bicycle :Qaths or sidewalks the Golf Cart in a cons1:1icuous shall be 1:1enalized 1:1ursuant to location) Cha:Qter 30 of the Miami-Dade County, Florida Code of Ordinances. (4) (In violation of Village traffic regulations not otherwise governed by State or County law) ( 6) ( On the beaches, 1:1arks, bicycle :Qaths, sidewalks, or swales of Village) (9) (Carrying more 1:1assengers than those for which the Golf Cart was designed) Section 26-24 Any Offense Pursuant to Cha:Qter 30 of the (7) (Parking in violation of Miami-Dade County, Florida :QOSted regulations) Code of Ordinances Section 26-24 Any Offense Pursuant to Cha:Qter 30 of the (8) (Obstructing or interfering Miami-Dade County , Florida with normal traffic flow) Code of Ordinances Section 26-24 Any Offense Pursuant to Cha:Qter 316 or (2) (During the hours between 318, F.S., as a:Q:Qlicable sunset and sunrise without Page 4 of6 b e in g e g u i1112e d w ith h e a d lig h ts a n d a w in d sh ie ld ) (5 ) (A n y w h e r e o n a ro a d w a y sur fa c e o f C ra n d o n B o u le v a rd , e x c e 12 t to c ro s s th e th o ro u g h fa re m a rk e d in te r se c tio n s o r in te rse c tio n s re g u la te d b y a tra ffi c sig n a l o r to tra v e l n o rt h o r so u th u 12 o n C ra n d o n B o u le v a rd 12 u r s u a n t to th is su b s e c tio n (5 ) sh a ll b e su b je c t to a u th o riz a tio n fr o m M e tro -D a d e C o u n ty 12 u r su a n t to F .S . § 3 1 6 .2 1 2 (1 )) A ll o th e r o ffe n se s u n d e r th is A rticl e sh a ll b e e n fo rc e d 12 ur su a n t to C h a 12 te r 3 1 6 , F lo rid a S ta tu te s o r th e V ill a g e C o d e , a s a 12 12 lic a b le . In a d d itio n to th e 12 e n a ltie s d e sc rib e d a b o v e , th e V ill a g e m a y in stitu te a n y a 12 12 ro 12 r ia te a c tio n o r 12 ro c e e d in g to e n jo in , 12 re v e n t, re stra in , c o rr e c t, o r ab a te a v io la tio n o f th is A rt icl e . *** Section 3. Codification. That it is the intention of the Village Council and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Village's Code of Ordinances, 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. Section 4. Conflicts. That all ordinances or parts of ordinances, resolutions or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 5. Effective Date. That this Ordinance shall become effective immediately upon final adoption on second reading. PASSED on first reading on the ---=8~th"'-_ day of March 2022. PASSED AND ADOPTED on second reading on the 12th day of A12ril ,2022. ATTEST: Page 5 of6 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~J~ WE ISS SEROTA HELFMA N COLE & BIERMAN , P.L. VILLAGE ATTORNE Y Page 6 of6 M IA M I-D A D E STA T E O F FL O R ID A C O U N TY O F M IA M I-D A D E : Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday' Sunday and Legal Holidays) newspaper, published at M1am1 in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE. ORDINANCES. SECOND READING - APR. 12, 2022 in the XXXX Court, was published in said newspaper by print in the issues of and/or by publication on the newspaper's website if authorized, on ' VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE 04/01/2022 Affiant further says that the newspaper complies with all legal requirements for publication in chapter Fl "d Statutes SO, on a ~~~~ 10LA D ~2' (SEAL) Notice· is hereby given that the following ordinances ,will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be·held on Tuesday, April j2, 2022 at 6:00 p.m., in the Council Chamber, located at 560 Crandon Boulevard, Key Biscayne, Flonda: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ORDINANCE NO. 202 1-07 Wl'flCH ADOPTED THE BUDGET FOR FISCAL YEAR 2021-2022 BY REVISING THE 2021-2022 FISCAL. YEAR BUDGET; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING SECTION · 2°10 5, "CAMPAIGN FINANCE REPORT$," OF· , CHAPTER 2 OF THE VILLAGE CODE OF ORDINANCES TO-ESTABLISH CAMPAIGN FINANCE REPORT FILING REQUIREMENTS; PROVIDING FOR ·SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING .FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE; J=_LORIDA, AMENDING ARTICLE II, CHAPTER 26, "GOLF CARTS," OF THE VILLAGE CODE OF ORDINANCES RELATING TO GOLF _<;~RT.AlllP.~QW , MOVING VEHICLE USE WITHIN THE VILLAGE; PROVIDING FORt 'SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR; !CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The proposed ordinances may be inspected by the public at the Office of' 'the Village Clerk. Any person w ishing to ad d ress the Vill age Council ont 'a ny item at th is Public H earing m ay call (30 5) 36 5-756 9, Zoom M eeting ID: 231 627 84 15 and be heard w ith respect to the proposed Ordinances. In accordance with the Americans With Disabilities Act of 1990, all persons] who are disabled and who need special accommodations to participate in" this proceeding because of that disability should contact the Office of the. Village Clerk, 88 West McIntyre Street, Suite 220, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two business days prior to such proceeding. Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F .S. 286.0105). Comments ·of any interested party relative to this matter may be submitted in writing via email to publiccomments@keybiscayne.fl.gov. 4/1 Jocelyn Koch, Village Clerk 22•04/0000587023M