HomeMy WebLinkAbout2004 07 26 Public Hearings 404
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COMMISSION AGENDA
ITEM 404
Consent
Informational
Public Hearing x
Regular
July 26, 2004
Meeting
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Mgr. /
Att. I
Dept.
REQUEST:
The City Attorney requests that the City Commission approve for adoption on Second and Final
Reading Ordinance 2004-29 which shall.amend Chapter 13 of the City Code, creating a new Article
Ill, entitled Miscellaneous Nuisances, and regulating skateboarding and other related activities as
public nuisances.
PURPOSE:
The purpose of this ordinance is to legislatively declare skateboarding and other related activities on
human-propelled devices as public nuisances when these activities are performed upon certain
improved buildings and structures and in locations where such activities are prohibited by the posting
of a conspicuous sign.
APPLICABLE LAW AND PUBLIC POLICY:
1.
Florida Municipal Home Rule Powers Act.
2.
Section 316. 008( 1)( s), Florida Statutes, authorizes local governments to regulate persons upon
skates, coasters, and other toy vehicles.
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3. Section 316.2065(12), Florida Statutes, provides "no person upon roller skates, or riding in or
by means of any coaster, toy vehicle, or similar device, may go upon any roadway except while
crossing a street on a crosswalk; and, when so crossing, such person shall be granted all rights
and shall be subject to all of the duties applicable to pedestrians."
4. The Florida Supreme Court has held that municipalities have broad discretion in determining
what constitutes a public nuisance and is authorized under its police powers to take the
appropriate actions required to abate a public nuisance. Orlando Sports Stadium, Inc. v.
Powell, 262 So. 2d 881, 884 (Fla. 1972).
5. Chapter 13, Nuisances, City Code.
6. Chapter 2, Administration, Article III, Boards, Committees, Commissions, Division 2, Code
Enforcement, City Code.
CONSIDERA nONS:
1. At a previous City Commission meeting, Captain Tolleson of the Winter Springs Police
Department testified before the Commission that skateboarding and other similar activities at
certain locations have caused nuisance situations. He asked the Commission to consider
regulating these activities by ordinance. The City Commission directed that the City Attorney
work with Captain Tolleson to propose an ordinance.
2.
Skateboarding and other similar activities on human-propelled devices are oftentimes perfonned
on public and private property to the property's detriment.
3.
Certain city business-owners, including business-owners in the newly constructed Town Center,
have recently complained of skateboarding and other similar activities being performed at or
around their businesses upon railings, steps, fountains, parking barriers and other improvements.
4.
These kinds of activities, when performed in inappropriate locations, pose a potentially severe
and unreasonable danger to the patrons of these businesses, to pedestrians, drivers, and to the
subject property. .
5.
This ordinance allows skateboarding, roller skating, in-line skating, and other similar activities
on human-propelled devices to be regulated by the City and restricted to certain locations, and
for violators to be cited for a Class I Violation under Chapter 2, City Code ($50.00 fine).
6.
This ordinance has been reviewed and approved by Captain Tolleson for the Commission's
consideration.
7.
At the request of the City Commission upon First Reading at the July 12, 2004 City
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Commission meeting, the language in sections ( c) and (d) has been cleaned up to simplify and
clarify the ordinance's meaning.
STAFF RECOMMENDATION:
The City Attorney recommends approval of Ordinance No 2004-29 on Second and Final Reading.
ATTACHMENT:
Ordinance No. 2004-29.
COMMISSION ACTION:
The City Commission has previously directed that City staff propose an ordinance regulating
skateboarding and related activities upon certain public and private property.
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ORDINANCE NO. 2004-29
AN ORDiNANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AMENDING THE
CITY OF WINTER SPRINGS CODE OF ORDINANCES,
CHAPTER 13, NUISANCES; PROVIDING FOR A NEW
ARTICLE IV, ENTITLED MISCELLANEOUS NUISANCES;
PROVIDING FOR INTENTS AND PURPOSES; DECLARING
SKATEBOARDING, ROLLER SKATING, IN-LINE SKATING
AND OTHER SIMILAR ACTIVITIES ON HUMAN-
PROPELLED DEVICES PUBLIC NUISANCES IN CERTAIN
LOCA TIONS; DESIGNATING CERTAIN AREAS WHERE
SKATEBOARDING AND OTHER LIKE ACTIVITIES ARE
PERMITTED; PROVIDING FOR AN APPLICABLE CIVIL
PENALTY FOR VIOLATION OF TffiS ORDINANCE;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, INCORPORA TION
INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Atticle VITI, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law;
and
WHEREAS, the City of Winter Springs has broad discretion in determining what constitutes
a public nuisance and is authorized under its police powers to take the appropriate actions required
to abate a public nuisance. See Orlando Sports Stadium, Inc. v. Powell, 262 So. 2d 881, 884 (Fla.
1972); and
WHEREAS, in recent months steps, benches, retaining walls, railings, parking barriers,
buildings, fountains, fountain areas, and other public and private improvements have been damaged
by the inappropriate operation of skateboards and other like human-propelled devices; and
WHEREAS, persons using skateboards, roller skates, in-line skates and other similar human-
propelled devices occasionally use them in a way to endanger themselves or others;' and
WHEREAS, pursuant to section 316. 008( 1 )( s), Florida Statutes, local governments are
authorized to regulate persons upon skates, coasters, and other toy vehicles. See also Op. Att'y Gen.
Fla. 98-15; and
WHEREAS, the City of Winter Springs Code of Ordinances provides in Section 2-69.3 that
city codes and ordinances enacted or amended may set forth the applicable civil penalty for violations
of those codes or ordinances by designating the appropriate violation classification; and
City of Winter Springs
Ordinance No. 2004-29
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. WHEREAS, the City Commission of the City of Winter Springs, Florida has determined that
the adoption of certain regulations promoting the safe operation of skateboards, roller skates, in-line
skates and other like human-propelled devices, and protecting public and private property from
damage to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. The City of Winter Springs Code Chapter 13, Nuisances, is hereby amended
as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks
(* * *) indicate a deletion from the Ordinance of text existing in Chapter 13. It is intended that the
text in Chapter 13 denoted by the asterisks and set forth in this Ordinance shall remain unchanged
from the language existing prior to adoption ofthis Ordinance).
CHAPTER 13. NUISANCES
* * *
ARTICLE IV. MISCELLANEOUS NUISANCES
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Sec. 13-62. Skateboarding. roller skating. in-line skating. and other similar activities on
human-propelled devices.
m Purpose. The purpose of this section is to regulate skateboarding, roller skating,
in-line skating. and other similar activities on human-propelled devices. and to designate specific
locations where such activities are permitted. This section is established in order to promote the
overall safety and well-being of the public, and to prevent undue property damage that may result
from these activities.
Qll. Prohibition. Skateboarding, roller skating, in-line skating. and other similar
activities on human-propelled devices. when performed on steps, benches, retaining walls. parking
barriers. buildings. fountains. fountain areas, and other public and private improvements not intended
for such activities are hereby declared a public nuisance. Further. where prohibited by a
conspicuously posted sign, these activities are declared a public nuisance. This subparagraph (b) shall
not apply on property where the property owner, tenant or person lawfully in possession authorizes
and consents to such activities.
~ Approved Locations - in General. Unless otherwise prohibited by a
posted sign or on improvements as set forth in subsection (b), skateboarding. roller skating, in-line
skating and other similar activities on human-propelled devices are expressly permitted in the
following areas:
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City of Winter Springs
Ordinance No. 2004-29
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ill Sidewalks:
ill.. City parks:
m Cross Seminole Trail:
(iL Skate parks and skating facilities: and
ill Crosswalks on roadways in accordance with & 316. 2065( 12), Florida Statutes.
@l. Posting Signs. Property owners shall be responsible for posting signs prohibiting
skateboardin~, roller skating, in-line skating and other similar activities on human-propelled devices.
ftl. Civil Remedies. A violation of this section shall constitute a Class I Violation
pursuant to Section 2-69.3.
Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 3. Incorporation Into Code. This ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the validity
of the remaining portions of this ordinance.
Section 5. ' Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of , 2004.
JOHN F. BUSH
Mayor
ATTEST:
City of Winter Springs
Ordinance No. 2004-29
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. ANDREA LORENZO-LUACES .
City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
First Reading:
Second Reading:
Effective Date:
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City of Winter Springs
Ordinance No. 2004-29
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