Ordinance 93-2856ORDINANCE NO.
93-2856
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
MIAMI BEACH CITY CODE CHAPTER 44, ENTITLED
"VEHICLES AND TRAFFIC" BY ADDITION OF ARTICLE
XIII, ENTITLED "PROHIBITED CRUISING",
PROHIBITING UNNECESSARY REPETITIVE DRIVING
BETWEEN FIFTH AND FIFTEENTH STREETS ON OCEAN
DRIVE ON WEEKENDS AND NATIONAL HOLIDAYS
BETWEEN THE HOURS OF 12:01 P.M. (NOON) AND
6:00 A.M., PROVIDING FOR EXCEPTIONS, REQUIRING
THE POSTING OF WARNING SIGNS AND AN ORAL OR
WRITTEN WARNING PRIOR TO ISSUANCE OF A
CITATION; PROVIDING PENALTIES, PROVIDING FOR
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION 1. ADDITION OF ARTICLE XIII OF MIAMI BEACH CITY CODE
CHAPTER 44.
That Miami Beach City Code Chapter 44 entitled "Vehicles and
Traffic" is hereby amended by addition of Article XIII to read as
follows:
ARTICLE XIII. PROHIBITED CRUISING.
Sec. 44-91. Purpose.
The purpose of this Chapter is to reduce traffic congestion
and excessive noise and pollution and to ensure passage for
emergency vehicles during hours when congestion occurs on Ocean
Drive.
Sec. 44-92. Findings.
The City Commission has made the following findings:
Ca) That portion of the street known as "Ocean Drive" which
lies between Fifth and Fifteenth Streets has become overly_
congested on weekends and national holidays as a result of an
activity commonly known as "cruising".
(b) The cruising of motor vehicles on Ocean Drive between
Fifth and Fifteenth Streets between the hours of 12:01 P.M. (Noon)'
and 6:00 A.M. on weekends and on national holidays and after 4:00
P.M. on Christmas Eve and New Year's Eve impedes the progress of
traffic and emergency vehicles and promotes the generation of local
concentrations of air pollution and undesirable noise levels.
(c) The narrowness of Ocean Drive and the large number of
persons traversing the street in motor vehicles between Fifth and
Fifteenth Streets at certain hours on weekends and holidays
necessitate the regulations set forth in Section 44-94 herein.
(d) The regulations in Section 44-94 herein are narrowly
tailored to curb a problem which is unique to a portion of a single
street within the City at particular dates and times and do not
unreasonably interfere with constitutionally protected rights.
Sec. 44-93. Definitions.
For purposes of this Article, the following words and phrases
shall have the following meanings:
(a) Cruising; Unnecessary repetitive driving. Driving a
motor vehicle three (3) or more times in any two (2) hour period
between the hours of 12:01 P.M. (Noon) and 6:00 A.M. on weekends or
national holidays and after 4:00 P.M. on Christmas Eve and New
Year's Eve, past a designated traffic control point established by
the Police Department at or near a place where traffic is congested
on Ocean Drive between Fifth and Fifteenth Streets.
(b) Motor Vehicle. Any self-propelled device in, upon, or by
which any person or property is or may be transported or drawn upon
a public right-of-way, excepting devices moved by human power or
exclusively upon rails or tracks.
(c) National holidays. New Year's Eve commencing at 4:00
P.M., New Year's Day, Martin Luther King's Day, President's Day,
Memorial Day, Independence Day, Labor Day, Veteran's Day,
Thanksgiving Day, Christmas Eve commencing at 4:00 P.M. and
Christmas Day. Unless otherwise specified herein each national
holiday shall begin at 12:01 A.M. of the date on which it is
observed nationally. The following are dates of observance for the
national holidays for the year beginning immediately after the
effective date of this ordinance: Independence Day - July 4, 1993;
Labor Day - September 6, 1993, Veteran's Day - November 11, 1993;
Thanksgiving Day - November 25, 1993; Christmas Eve - December 24,
1993; Christmas Day - December 25, 1993; New Year's Eve - December
31, 1993; New Year's Day - January 1, 1994; Martin Luther King's
Day - January 17, 1994; President's Day - February 21, 1994;
Memorial Day - May 30, 1994.
(d) Traffic control point. A clearly identified reference
point located between Fifth and Fifteenth Streets on Ocean Drive,
as determined and marked from time-to-time by the City's Police
Department.
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(e) Weekend. For purposes of this ordinance weekend shall
include all hours between 6:00 P.M. on Fridays and 6:01 A.M. on
Mondays.
Sec. 44-94. Cruising Prohibited.
It shall be unlawful to engage in unnecessary repetitive
driving, also known for purposes of this article as cruising. For
purposes of this Article, the person having control and/or
ownership of a motor vehicle shall be considered the person
cruising, without regard as to whether that person was actually
driving the motor vehicle each time it passed the traffic control
point. Having control or ownership of a motor vehicle means either
the owner of the vehicle as stated on the vehicle registration, if
present in the vehicle at the time of the violation, or if the
owner is not present in the vehicle, the person operating the
vehicle at the time of the violation of this Article.
Sec. 44-95. Exceptions.
The prohibition of cruising in Section 44-94 shall not apply
to the following:
(a) Governmental and emergency vehicles including but not
limited to police and fire vehicles and ambulances when operated
for official purposes.
(b) Duly licensed public transportation vehicles.
(c) Vehicles in use for business and/or commercial purposes.
Sec. 44-96. Signs to be Posted.; warning notice.
(a) Signs shall be posted at Fifth and Fifteenth Streets on
Ocean Drive specifying the days and hours when cruising is
prohibited.
(b) Upon observation that `a` motor vehicle has traversed Ocean
Drive between Fifth. and Fifteenth Streets twice : within a two-hour
period, the vehicle "shall be stopped and` notice 'shall be given to
the operator and to each passenger thatany subsequent operation of
the -vehicle between Fifth and' Fifteenth Street's on' Ocean brave
within two hours of the first traversing of this Street shall
Oonstitute a violation of this ordinance. The natice may be'oral
or `t:riting andshall briefly' and generally describe the area
where;cruising.is prohibited
;.and the fines which may be imposed
upon, conviction: No `citation` shall be issued for a cruising
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violation unless the motor vehicle has first been stopped and. the
above-described oral or written
warning given to the occupants.
Sec. 44-97. Penalties.
Any person violating the provisions of this Article shall,
upon conviction, be punished as follows:
First Offense
Second Offense
within one year of
the first conviction
Third Offense and
Additional Offenses
within one year of the
first conviction
$100.00 or up to ten (10)
days imprisonment or both
$200.00 or up to twenty
(20) days imprisonment or
both
$500.00 or up to thirty
(30) days imprisonment or
both
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect on the 24th day of
July
, 1993.
PASSED and ADOPTED this 14th day
ATTEST:
1st
2nd
CITY CLERK
reading 6/30/93
reading 7/14/93
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FORM AlilirVED
L GJAL DEPT.
Bydt1/93
Date
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July
1993.
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