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Home My Public Portal About2024-03 Amending Article II, Chapter 26, "Golf Carts," of the Village Code of Ordinances relating to Golf Cart Use within the VillageORDINANCE NO. 2024-03 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ARTICLE II, CHAPTER 26, "GOLF CARTS," OF THE VILLAGE CODE OF ORDINANCES RE LATING TO GOLF CART USE WITHIN THE VILLAGE; PROVIDING FOR SEVERA BILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the V illage of Key Biscanye ("V ill age") desires to am end Article II, Chapter 26 of the V illage C ode of O rdinances relating to golf carts; and WHEREAS, the V illage has the authority to adopt this Ordinance pur suant to Article VIII of the C onstitution of the State of Fl orida, Chapter 166, Florida Statutes, and Chapter 316, Florida Statutes; and WHEREAS, H ouse Bill 949 am ending §316.212, Flor ida Statutes relating to the opera tion of golf carts w as passed by the Florida State Legislatur e and appro ved by Fl orida's Governor D eSantis on M ay 11, 2023 and has taken effect as of October 1, 2023; and WHERE AS, the V illage desires to revise its code to com ply w ith the new am endm ents to the Florida Statutes; and WHERE AS, the V illage fu rther desires to revise its code to pro hibit unlicensed drivers 18 years or older; and WHERE AS, the V illage C ouncil hereby finds that this Ordinance is in the best interest and w elfa re of the residents of the Village. NOW, THERE FORE , IT IS HEREBY ORD AINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: 1 Section 1. Recitals. That each of the above recitals are tru e and correct and incorpora ted herein by this refe rence. Section 2. Amendment to Article II, of Chapter 26 of the Village Code. That C hapter 26, A rticl e II , of the C ode of K ey B iscayne, Florida, is hereby am ended to read as follow s: ARTICLE II. GOLF CARTS *** Sec. 26-23. - Authorized use. 1 Coding: 8trikethrot1gh vl'Ords are deletions to the existing words. Underlined words are additions to the existing words. Changes between first and second reading are indicated with highlighted d1it1tile striketlmrngl~ and double underline Page I of6 (a) O pera tors, subject to the lim itations fo und in Sec. 26-24, Licensed drivers may opera te Golf C arts w hich have been inspected and issued Perm its by the Village Police Departm ent on all D esignated Streets w ithin the V illage. *** Sec. 26-24. - Prohibited use. T he opera tion in the V illage of any Golf C art in the fo llow ing m anner or under the fo llow ing conditions is pro hibited: *** (1 ) 'N ithout a valid, curr ent driver's license; B y an opera tor, unless he or she possesses a valid learn er's driver's license or valid driver's license.-A ll requirem ents set forth in s. 322.1615, Florida Statutes relating to learn er's driver licenses shall apply to this Section. (2) D uring hours betw een sunset and sunr ise without being equipped with headlights, brake lights, turn signals and a w indshield; *** Sec. 26-28. - Operators. Resen,ed. O pera tors 18 years of age or older Drivers m ust hold a curr ent, valid driver's license or valid learn er's driver's license in order to opera te a Golf C art upon the streets of the Village. *** Section 26-30. Enforcement. T he V illage Police D epartm ent shall be responsible fo r enfo rcing this article. Violations occur ring under Section 26-24 shall be enfo rced as fo llow s: Article 112 Section 26-24 Offense Penalti Section 26-24 First Offe nse $75.00 (1) W ithout a valid, cur rent Any Offense Pursuant to Chapters 3 16 or learn er's driver's license, or 318, F.S., as applicable. driver's license Page 2 of6 Section 26-24 (3) W ithout a valid, cur rent Permit issued by the Village Police Department and affi xed the Golf Cart in a conspicuous location ( 4) In violation of Village traffic regulations not otherwise govern ed by State or County law ( 6) On the beaches, parks, bicycle paths, sidewalks, or swales of Village (9) Carrying more passengers than those for which the Golf Cart was designed First Offense $75.00 Section 26-24 (1) Without a valid, current driver's license {3) Without a valid, current Permit issued by the Village Police Department and affixed the Golf Cart in a conspicuous location (4) In violation of Village traffic regulations not otherwise governed by State or County law Second Offense $175.00 Notwithstanding the foregoing, with regard to Section 26-24(6), violations for golf carts traveling on bicycle paths or sidewalks shall be penalized pursuant to Chapter 30 of the Miami-Dade County, Florida Code of Ordinances. Page 3 of6 ( 6) On the beaches, parks, bicycle paths, sidewalks, or swales of Village (9) Carrying more passengers than those for which the Golf Cart was designed Section 26-24 Any Offense (7) Parking in violation of posted regulations Pursuant to Chapter 30 of the Miami-Dade County, Florida Code of Ordinances Section 26-24 Any Offense (8) Obstructing or interfering with normal traffic flow Pursuant to Chapter 30 of the Miami-Dade County , Florida Code of Ordinances Section 26-24 Any Offense Pursuant to Chapter 316 or (2) During the hours between 318, F.S., as applicable sunset and sunnse without being equipped with headlights, brake lights, turn signals and a windshield (5) Anywhere on a roadway surface of Crandon Boulevard, except to cross the thoroughfare marked intersections or intersections regulated by a traffic signal or to travel north or south upon Crandon Boulevard pursuant to this subsection (5) shall be subject to authorization from Metro-Dade County pursuant to F.S. § 316.212(1) Section 26-28 Any Offense $75.00 Page 4 of6 Ogerators over the age of 18 who do no :gossess a valid driver's license or valid learn er's driver's license Section 26-28 Second Offense $175.00 O:gera tors over the age of 18 who do no :gossess a valid driver's license or valid learner's driver's license All other offenses under this Article shall be enforced pur suant to Chapter 316, Florida Statutes or the Village Code, as applicable. In addition to the penalties described above, the Village may institute any appro priate action or proceeding to enjoin, prevent, restra in, cor rect, or abate a violation of this Article. *** 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 ---'1=2'-'-th"'- __ day of December 2023. PASSED AND ADOPTED on second reading on the 23rd day of January , 2024. JOE I. RASCO, MAYOR ATTEST: VILLAGE CLERK Page 5 of6 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~J~ WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY Page 6 of6