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.
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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.
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Sec. 44-97.
penalties.
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
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OFFICE OF THE CITY ATTORNEY
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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.
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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.
LF:Scf:memos\cruising.cm
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