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HomeMy WebLinkAboutOrdinance 2004-29 Chapter 13/Nuisances 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 LOCATIONS; DESIGNATING CERTAIN AREAS WHERE SKATEBOARDING AND OTHER LIKE ACTIVITIES ARE PERMITTED; PROVIDING FOR AN APPLICABLE CIVIL PENALTY FOR VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, IN CORPORA TION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, 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 Page I of 4 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 5tI ikeout 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 of this Ordinance). CHAPTER 13. NUISANCES * * * ARTICLE IV. MISCELLANEOUS NUISANCES Sec. 13-62. Skateboarding. roller skating. in-line skating. and other similar activities on human-propelled devices. (Ql 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. D2l 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 Iocations - 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: City of Winter Springs Ordinance No. 2004-29 Page 2 of 4 (1) Sidewalks: (2) City parks: (3) Cross Seminole Trail: (4) Skate parks and skating facilities: and (5) Crosswalks on roadways in accordance with 9 316.2065( 12), Florida Statutes. (d) Posting Signs. Property owners shall be responsible for posting signs prohibiting skateboarding, roller skating, in-line skating and other similar activities on human-propelled devices. (e) Civil Remedies. pursuant to Section 2-69.3. A violation of this section shall constitute a Class I Violation 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 26th day of July 2004. JOHN F. BUSH Mayor ATTEST: City of Winter Springs Ordinance No. 2004-29 Page 3 of 4 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: July 12, 2004 Second Reading: July 26, 2004 Effective Date: See Section 5. City of Winter Springs Ordinance No. 2004-29 Page 4 of 4 Orlando Sentinel Published Daily State of Florida } S.S. COUNTY OF ORANGE Before the undersigned authority personally appeared Beverly C. Simmons , who on oath says that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally newspaper published at ORLANDO in ORANGE County, Florida; that the attached copy of advertisement being a NOTICE OF PUBLIC in the matter of Ordinance Nos. 2004-29 in the ORANGE Court was published in said newspaper in the issue; of 07/15/04 Affiant further says that the said Orlando Sentinel is a newspaper published at ORLANDO in said County, Florida, and that the said newspaper has heretofore been continuously published in said ORANGE County, Florida, each week Day and has been entered as second-class mail matter at the post office in ORLANDO in said ORANGE County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The foregoing instrument was acknowledged before me this 15 day of July , 2004, by Beverly C. Simmons who is personally known to me and did take an oath. (SEAL) DEBORAH M. TONEY NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS FLORIDA NOTICE IS HEREBY GIV- EN by the City Commission of the City of Winter Springs, Florida that said Commission will hold a Pub- lica Hearing for Adoption of an Ordinance entitled as follows: ORDINANCE NO. 2004-29 AN ORDINANCE OF THE CITY COM. MISSION 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, ENTTLED MIS. CELLANEOUS NUISANCES; PRO- VIDING FOR INTENTS AND PUR- POSES; DECLARING SKATEBOARDING. ROLLER SKAT- ING, IN LINE SKATlNG AND OTHER SIMILAR ACTIVITIES ON HUMAN. PROPELLED DEVICES PUBLIC NUl. SANCES IN CERTAIN LOCATIONS; DESIGNATING CERTAIN AREAS WHERE SKATBOARDING AND OTHER USES ARE PER. MITTED; FOR AN AP. PLICABLE CIVIL PENALTY FOR VIO. LATlON ORDINANCE PROVIDING REPEAL OF PRIOR INCONSISTENT ORDINANC- ES AND RESOLUTIONS INCORPO. RATION INTO THE CODE SEVER. ABILITY, AND AN EFFECTIVE DATE. This Public Hearing will be held at 6:30 p.m. on July 26, 2004 or as soon thereafter as possible in the commission Chambers, City Hall, 1126 East State REoad 434, Winter Springs, Florida 32708 Coples of the proposed Ordi- nance are available In the office of the City Clerk for Inspection. Interested par- ties may appear at this hearing and be heard with respect to this proposed Or- dinance. Persons with disabilities needing assistance to partic- ipate in any of these Pro- ceedings should contact the Employee Relations Depart- ment ADA Coordinator 48 hours In advance of the meeting at (407) 327-1800. This Is a Public Hearing. If you decide to appeal any recommendation/decision made by the City Commis- sion with respect to any mailer considered at this meeting, you will need a re- cord of the proceedings and for such purposes, you may need to ensure that a verba- tim record of the proceed- Ings is made upon which the appeal is based. Interested parties are advised that they may appear of the meeting and be heard with respect to the proposed Or- dinance. CORL5747356 JULY 15, 2004