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93-2856 Ordinance ORDINANCE 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;p~ P.M. ('ft9PN) AND 6: 0 0 A.M., PROVIDING FOR EXCEPT~9~f:l.;~E.gtJ.~~:I:~~ ii.fi~~liiiij:iliiii"lllIiltll REtsEAtElf, SEVERABII.ITY 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 oassaqe for emerqency vehicles durinq hours when conqestion occurs on Ocean Drive. Sec. 44-92. Findings. The city commission has made the followinq findinqs: ill That portion of the street known as "Ocean Drive" which lies between Fifth and Fifteenth streets has become overly conqested on weekends and national holidays as a result of an activity commonly known as "cruisinq". iQl The cruisinq of motor vehicles on Ocean Drive between Fifth and Fifteenth streets betwe8n the hours of l2:0~ P.M.~!9~tt') 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 proqress of traffic and emerqency vehicles and promotes the qeneration of local concentrations of air pollution and undesirable noise levels. iQl The narrowness of Ocean Drive and the large number of persons traversinq the street in motor vehicles between Fifth and Fifteenth streets at certain hours on weekends and holidays necessitate the requlations set forth in Section 44-94 herein. iQl The requlations in section 44-94 herein are narrowlY tailored to curb a problem which is unique to a portion of a sinqle street within the city at particular dates and times and do not unreasonablY interfere with constitutionally protected riqhts. Sec. 44-93. Definitions. For purposes of this Article, the followinq words and phrases shall have the followinq meanings: ill Cruisinq; Unnecessary repetitive drivinq. Drivinq a motor vehicle three (3) or more times in any two (2) hour period between the hours of 12: o~ P. M .(~9?~) and 6: 0 0 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 conqested on Ocean Drive between Fifth and Fifteenth Streets. l..Ql 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 riqht-of-way, exceptinq devices moved by human power or exclusively upon rails or tracks. LQl National holidays. New Year's Eve commencing at 4:00 P.M., New Year's Day, Martin Luther Kinq's Day, President's Day, Memorial Day. Independence Day, Labor Day, Veteran's Day, Thanksqiving Day, christmas Eve commencinq at 4:00 P.M. and christmas Day. Unless otherwise specified herein each national holiday shall beqin at 12:01 A.M. of the date on which it is observed nationally. The followinq are dates of observance for the national holidays for the year beqinning immediatelY after the effective date of this ordinance: Independence Day - July 4, 1993; Labor Day - September 6, 1993, Veteran's Day - November 11, 1993; Thanksqivinq 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. iQl 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. 2 l.sU weekend. For purposes of this ordinance weekend shall include all hours between 6:00 P.M. on Fridavs and 6:01 A.M. on Mondavs. Sec. 44-94. cruisinq Prohibited. It shall be unlawful to enqaqe in unnecessary repetitive drivinq, also known for purposes of this article as cruisinq. For purposes of this Article, the person havinq control and/or ownership of a motor vehicle shall be considered the person cruisinq, without reqard as to whether that person was actually drivinq the motor vehicle each time it passed the traffic control point. Havinq control or ownership of a motor vehicle means either the owner of the vehicle as stated on the vehicle reqistration, if present in the vehicle at the time of the violation, or if the owner is not present in the vehicle, the person operatinq the vehicle at the time of the violation of this Article. Sec. 44-95. Exceptions. The prohibition of cruisinq in section 44-94 shall not applY to the followinq: ill Governmental and emerqencv vehicles includinq but not limited to police and fire vehicles and ambulances when operated for official purposes. 1Ql Dulv licensed public transportation vehicles. iQl Vehicles in use for business and/or commercial purposes. Sec. 44-96. Siqns to be posted.i!i~;~:i:~Q;!i?~:i:~~~ taP Siqns shall be posted at Fifth and Fifteenth Streets on Ocean Drive specifyinq the days and hours when cruisinq is prohibited. ...(b.}...P;~9~P~~~PY.~P:~9~P:~~!If.~'11i9~?~Y~Ei~e.~~U~~~.~~~y~P~~~29~:~P Jj)~;~~~~~f#~~~~~~~1.? ..~tlCl..~~~1ili;~~!i~J:i~"t:.l:'~~"t:.~);~~p~ witlilifa.i~~i??~?~?? -e~??~??~.;Ei~Y~~~?~~ 2~Ei~~~~~U~p:?p.?~~..~.~.Cl......fi9~~?~isliallbeq~y~~ii~? tne9P~~~P:PE~~9.;9~~9Eig~~~~~g.~??~l:i~P:~~'Y~~~~~8g~I'f~9P~E~~~P~9; tne.vehJiClebetweehiF'furtn.iiaridHF'ifteerltfist:beetsHOHOCea.HnnBJive witfiJiHtwOliOursf......O@H the ...~i1ikj-e....:......-e~~y~l:'s~~9'<(5foH €h..i.EiistreetHshall 88Hs-cMtiiltea v iOlaft 18riOf .'tnisO:bdifiaribe.V... .:::::.:The.fib€idema orillH~E~"t:.~#~H~!i?...~lj.~~~?#b~~fo~u.i<~~~Uq~#.~.~.~.~..~lf(fi~~p~~~~~~~ ......~~.~~ wner:ep~~~~fi~.........:i.~l,?1i?1"i.~?~-t.~.~.......~~Clpli~... >~irie~H~~;9J:i'11i~.~...... 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Any person violatinq the provisions of this Article shall. upon conviction. be punished as follows: First Offense $100.00 or UP to ten (10) days imprisonment or both Second Offense within one year of the first conviction $200.00 or UP to twenty (20) days imprisonment or both Third Offense and Additional Offenses within one year of the first conviction $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 , 1993. -- ATTEST: ~ ' ~ t{ '7) i "-l(.{^-a.A...8 c. ~("V\,..-. CITY CLERK 1st reading 6/30/93 2nd reading 7/14/93 SWS:ym:disk4\cruise.ord FORM APPROVED . . L~L 9EPT. ~i By.. '. . ~1.~ Date Co / (? 'f / 7 3 / 4 OFFICE OF THE CITY ATTORNEY ~ efJlUom; ~ F L o R o A CITY ATTORNEY POBOX 0 MIAMI BEACH, FLORIDA 33119-2032 TELEPHONE (305) 673-7470 TELECOPY (305) 673-7002 LAURENCE FEINGOLD COMMISSION MEMORANDUM NO; ~~?~_9 ~_. DATE: JUNE 30, 1993 TO: MAYOR SEYMOUR GELBER MEMBERS OF THE CITY COMMISSION SUBJECT: ROGER M. CARLTON, CITY MANAGER - LAURENCE FEINGOLD, CITY ATTORNEY .'~ VGiP-7~ ANTI-CRUISING ORDINANCE FROM: JOINT LEGAL AND ADMINISTRATIVE RECOMMENDATION: The city Attorney and Administration recommend that the City commission pass the attached ordinance entitled "Prohibited Cruising" which prohibits unnecessary repetitive driving on Ocean Drive between Fifth and Fifteenth streets on weekends and national holidays between the hours of 12:00 P.M. and 6:00 A.M. and after 4:00 P.M. 0n christmas Eve and New Year's Eve. If the ordinance passes on June 30, 1993 another reading will be required on July 14, 1993, since the addition of the warning provision constitutes a substantial change. BACKGROUND: At the request of the Administration and the Ocean Drive Association, the city Attorney's Office drafted the attached Ordinance prohibiting "cruising", unnecessary repetitive driving, on the most congested portion of Ocean. Drive on weekends and national holidays. The Ordinance is intended to reduce the threat to public health, safety and welfare resulting from the effects of traffic congestion occurring between Fifth and Fifteenth streets on Ocean Drive between Noon and 6: 00 A.M. on weekends and national holidays and after 4:00 P.M. on christmas Eve and New Year's Eve. The narrowness of Ocean Drive and the large number of people driving along this street at certain hours on weekends and holidays impedes access for emergency vehicles, hinders the progress of traffic, increases the local concentration of air pollution and generates undesirable noise levels. Property owners on Ocean Drive have complained about the noise and congestion. The Miami Beach police Department's special detail assigned to the Ocean Drive arc~ has documented traffic-related law enforcement actions for the period beginning February 26 through May 17 as follows: Moving violations 561 Parking violations 318 Other traffic violations 36 *Field Interview Cards 540 cars towed 43 Total incidents 1,498 AGENDA ITEM ~-?rB .18 7-~3 . -J: C:J":~'\-iO" CEf\,7Ei: J~!\lE: - i=:::'c..J;-~ i=~oo;:; - MIAMI BEl> DATE *Field Interview Cards are used to create a record for an individual which documents that person's actions at a particular time and usually includes a want and warrants check of that person. The Police Department estimates that 50,000 to ioo,ooo persons may visit the area on anyone day on the weekend and that this number increases significantly during holidays. The Fire Chief has determined that there is potential danger because of traffic congestion impeding the progress of emergency vehicles trying to access the area and also because the congestion makes it difficult to clear the area in any emergency situation. Anti-cruisinq ordinances in other cities: Anti-cruising ordinances have been utilized in various cities to control problems created by traffic congestion. Some of these cities are York, Pennsylvania, Portland, Oregon, Fremont, california, Santa Ana, california, clearwater, Florida and Fort Myers, Florida. The city's Police Department contacted Police Departments in York, pennsylvania and clearwater and Fort Myers, Florida with regard to the methods used to enforce their anti-cruising ordinances and the success of the ordinances and has obtained the following information: 1. York. PennsYlvania - The anti-cruising ordinance was enacted in 1990. Police report that the ordinance has been very effective. They normally deploy a tactical squad of officers to enforce it. They choose a location, document vehicles passing by and pullover and cite vehicles passing three times. 2. clearwater. Florida clearwater had an anti-cruising ordinance for a six-month pericd in 1991. Police considered the ordinance successful. Prior to its implementation, there was a tremendous publicity campaign regarding the regulation and penalties. The threat of force worked. No tickets ever had to be issued, and the cruising problem ceased. When the ordinance which had been enacted for a six-month period, sunsetted, it was not reenacted due to the fact that there was no longer a need for it. 3. Fort Mvers. Florida - police report that the ordinance works well. They use it in areas where they have a problem with narcotics and prostitution. The ability to stop vehicles cruising these areas has reduced these problems. The ProDosed ordinanoe: The proposed ordinance prohibits "cruising", unnecessary repetitive driving. A violation of the Ordinance occurs when the same motor vehicle passes a police control point three times within two hours. The control point will be established by police between Fifth and l'ifteenth streets on Ocean Drive. A police officer will keep a record of the vehicles passing the control point. All occupants of any motor vehicle passing the control point a second time will receive an oral or written warning. The warning should eliminate the necessity for citations in most cases. Additionally, signs will be posted at Fifth and Fifteenth Streets t(~ inform drivers of the regulation. The regulation is only in effect on weekends and national holidays between the hours of 12:01 P.M. (Noon) and 6:00 A.M. and after 4:00 P.M. on christmas Eve and New Year's Eve. 2 19 The penalties for violations of the Ordinance are as follows: First Offense $100.00 or up to ten (10) days imprisonment or both Second Offense within one year of the first conviction $200.00 or UP to twenty (20) days imprisonment or both Third Offense and Addi~ionul Offenses within one year of the first conviction ~500.00 or ~p to thirty (30) ~aYs imprisonment or both Leqal Analvsis: Although a number of cities have enacted ordinances prohibiting "cruising" there have as yet been few court cases challenging the validity or enforcement of these regulations. Two Florida cities, Clearwater and Fort Myers have enacted somewhat similar ordinances which have not been challenged. The leading case on this subject is Lutz v. city of York. PennsYlvania, 899 F.2d 255 (3rd Cir. 1990), in which the federal appeals court upheld the constitutionality of the York, Pennsylvania anti-cruising ordinance. The Court stated that unlimited access to roads would create chaos and that local governments must have flexibility to regulate the use of public streets. The court found that the York Ordinance was a reasonable regulation and did not infringe upon the right to travel and did not violate the Commerce, Equal Protection and Due Process clauses of the united states constitution. The attached Ordinance prohibiting cruising is modelled after the York, Pennsylvania anti-cruising Ordinance which was upheld in federal court. Although there are currently nc Florida cases reg~rding cruising, based on the Lutz case, we believe that the proposed city of Miami Beach Ordinance will withstand challenge. Conclusion: The experience of other cities has shown that anti-cruising ordinances have helped to reduce the adverse effects of traffic congestion. The attached Ordinance should reduce traffic congestion, air pollution and noise on Ocean Drive and will improve public safety in emergency situations. 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