Ordinance 99-3180 ORDINANCE NO. 99-3180
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,FLORIDA,AMENDING CHAPTER 106 OF THE
MIAMI BEACH CITY CODE ENTITLED "TRAFFIC AND VEHICLES,"
AMENDING ARTICLE VII ENTITLED "CRUISING," AMENDING
SECTIONS 106-306 ENTITLED "PURPOSE," 106-307 ENTITLED
"FINDINGS," 106-308 ENTITLED "DEFINITIONS," AND 106-311
ENTITLED "SIGNS TO BE POSTED; WARNING NOTICE," ALL FOR THE
PURPOSE OF EXPANDING THE APPLICATION OF ARTICLE VII TO
WASHINGTON AVENUE IN ADDITION TO OCEAN DRIVE; PROVIDING
FOR SEVERABILITY, PROVIDING FOR REPEALER; PROVIDING FOR
CODIFICATION, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the problems of traffic congestion and noise associated with cruising on Ocean
Drive have also become a significant problem on Washington Avenue; and
WHEREAS,the Washington Avenue Task Force has suggested that the City's anti-cruising
Ordinance which currently applies only to Ocean Drive be expanded to address the similar problems
of cruising which impact Washington Avenue.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
ARTICLE VII. CRUISING
SECTION 1. AMENDMENT OF SECTION 106-306 OF CITY CODE CHAPTER 106
That Section 106-306 of the Miami Beach City Code is amended as follows:
Sec. 106-306. Purpose
The purpose of this article 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
and Washington Avenue. (Ord. No. 93-2856, § 1(44-91), 7-14-93)
SECTION 2. AMENDMENT OF SECTION 106-307 OF CITY CODE CHAPTER 106
That Section 106-307 of the Miami Beach City Code is amended as follows:
Sec. 106-307. Findings
The city commission has made the following findings:
(1) That those portions of the streets known as Ocean Drive and Washington Avenue,
which lies between Fifth and 15th Streets have become overly congested on
weekends and national holidays as a result of an activity commonly known as
"cruising."
(2) The cruising of motor vehicles on Ocean Drive and Washington Avenue between
Fifth and 15th 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.
(3) The narrowness of Ocean Drive and the large number of persons traversing Ocean
Drive and Washington Avenue the strcct in motor vehicles between Fifth and 15th
Streets at certain hours on weekends and holidays necessitate the regulations set forth
in section 106-309.
(4) The regulations in section 106-309 are narrowly tailored to curb a problem unique
to a portion of a single two streets within the city at particular dates and times and do
not unreasonably interfere with constitutionally protected rights.
(Ord. No. 93-2856, § 1(44-92), 7-14-93).
SECTION 3. AMENDMENT OF SECTION 106-308 OF CITY CODE CHAPTER 106
That Section 106-308 of the Miami Beach City Code is amended as follows:
Sec. 106-308. Definitions
The following words,terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Cruising; unnecessary repetitive driving means driving a motor vehicle three or more times
in any two-hour period 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,past a designated traffic
control point established by the police department at or near a place where traffic is congested on
Ocean Drive and Washington Avenue between Fifth and 15th Streets.
Motor vehicle means 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.
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National holidays means 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, Veterans 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.
Traffic control point means a clearly identified reference point located between Fifth and
15th Streets on Ocean Drive and Washington Avenue, as determined and marked from time to time
by the police department.
Weekend includes all hours between 6:00 p.m. on Fridays and 6:01 a.m. on Mondays.
(Ord. No. 93-2856, § 1(44-93), 7-14-93).
SECTION 4. AMENDMENT OF SECTION 106-311 OF CITY CODE CHAPTER 106
That Section 106-311 of the Miami Beach City Code is amended as follows:
Sec. 106-311. Signs to be posted; warning notice
(a) Signs shall be posted at Fifth and 15th Streets on Ocean Drive and Washington
Avenue, specifying the days and hours when cruising is prohibited.
(b) Upon observation that a motor vehicle has traversed Ocean Drive or Washington
Avenue between Fifth and 15th Streets twice within a two-hour period,the vehicle shall be stopped
and notice shall be given to the operator and to each passenger that any subsequent operation of the
vehicle between Fifth and 15th Streets on Ocean Drive or Washington Avenue within two hours of
the first traversing of this street shall constitute a violation of this article. The notice may be oral or
in writing and shall briefly and generally describe the area where cruising is prohibited and the fines
that may be imposed upon conviction. No citation shall be issued for a cruising violation unless the
motor vehicle has first been stopped and the above-described oral or written warning given to the
occupants. (Ord. No. 93-2856, § 1(44-96), 7-14-93).
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall
not be affected by such invalidity.
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SECTION 6. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made a part of the Code of the
City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to
accomplish such intention,and the word"ordinance" may be changed to "section", "article," or other
appropriate word.
SECTION 7. REPEALER.
That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed.
SECTION 8. EFFECTIVE DATE.
This Ordinance shall take effect on the 24th day of April , 1999.
PASSED AND ADOPTED this 14th day of April , 1999.
/b9
MAYOR
ATTEST:
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Cl 1 Y CLERK
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1st reading 3/17/99 APPROVED AS TO
2nd reading 4/14/99 FORM & LANGUAGE
& FOR EXECUTION
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; ITY OF MIAMI BEACH
ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
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COMMISSION MEMORANDUM NO. '2103
TO: Mayor Nelsen O. Kasdin and DATE: April 14, 1999
Members of the City mmission
FROM: Sergio Rodriguez /
City Manager s 4
SUBJECT: AN ORDI .ICE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,FLORIDA,AMENDING CHAPTER 106 OF THE
MIAMI BEACH CITY CODE ENTITLED "TRAFFIC AND VEHICLES,"
AMENDING ARTICLE VII ENTITLED "CRUISING," AMENDING
SECTIONS 106-306 ENTITLED "PURPOSE," 106-307 ENTITLED
"FINDINGS," 106-308 ENTITLED "DEFINITIONS," AND 106-311
ENTITLED "SIGNS TO BE POSTED; WARNING NOTICE," ALL FOR THE
PURPOSE OF EXPANDING THE APPLICATION OF ARTICLE VII TO
WASHINGTON AVENUE IN ADDITION TO OCEAN DRIVE; PROVIDING
FOR SEVERABILITY, PROVIDING FOR REPEALER; PROVIDING FOR
CODIFICATION,AND PROVIDING FOR AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
BACKGROUND
In 1993,the City Commission responded to the Ocean Drive Association's concerns regarding the
number of young people "cruising" Ocean Drive, contributing to traffic back-ups, noise and street
congestion with an ordinance prohibiting cruising on Ocean Drive.
With its proliferation of bars and clubs, Washington Avenue has become equally impacted and,
therefore, the "No Cruising" Ordinance needs to be expanded to include Washington Avenue.
This Ordinance was presented to the City Commission on March 17, 1999, and was approved on first
reading.
ANALYSIS
The Washington Avenue Task Force (WATF) has recommended that the Cruising Ordinance be
expanded to target juveniles who routinely drive up and down Washington Avenue without a specific
destination or intent. The Ordinance seeks to eliminate this negative, anti-business behavior.
AGENDA ITEM R A-
DATE LA—I4-9 9
CONCLUSION
The WATF has recommended the inclusion of Washington Avenue in the "No Cruising" Ordinance
which at present identifies only Ocean Drive. The Administration agrees and believes that passage
of this Ordinance will positively assist the Police Department by creating a less tolerant environment
for cruising.
The City Commission should adopt the Ordinance on Second and Final Reading.
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