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;
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***
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:
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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