The URL can be used to link to this page

Home My WebLink About2004 07 12 Public Hearings 410 COMMISSION AGENDA ITEM 410 Consent Informational Public Hearing X Regular 7/7/1),/ Att. / Dept. July 12. 2004 Meeting Mgr. / REQUEST: The City Attorney requests that the City Commission approve on First 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 pmpose ofthis 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)(8), Florida Statutes, authorizes local governments to regulate persons upon skates, coasters, and other toy vehicles. 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 Page 1 of 3 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 ill, Boards, Committees, Commissions, Division 2, Code Enforcement, City Code. CONSIDERATIONS: 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 performed on public and private property to the prop'erty'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 perfonned at or around their businesses upon railings, steps, fountains, parking barriers and other improvements. 4. These kinds of activities, when perfonned 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 devi~es 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. Page 2 of 3 STAFF RECOMMENDATION: The City Attorney recommends approval of Ordinance No 2004-29 on First Reading and that Ordinance No. 2004-29 be publicly advertised for 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. Page 3 of 3 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, 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 TillS ORDINANCE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article Vill, 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 3l6.008(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 1 of 4 Page 2 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 sl:likGont 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. Skateboardine:. roller skatine:. in-line skatine:. and other similar activities on human-propelled devices. (ll The pw:pose 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 acti vities. ilil. 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. !fl. Unless otherwise prohibited by subsection (b). skateboarding. roller skating. in-line skating and other similar activities on human-propelled devices are "ermitted in the following areas: City of Winter Springs Ordinance No. 2004-29 Page 2 of 4 Page 3 of 4 ill Sidewalks: m City parks: ill Cross Seminole Trail: !1l Skate parks: and ill Crosswalks on roadways in accordance with & 316.2065(12), Florida Statutes. liD... Property owners shall be responsible for posting signs prohibiting or pennitting skateboarding. roller skating. in-line skating and other similar activities on human-propelled devices. ~ 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 City of Winter Springs Ordinance No. 2004-29 Page 3 of 4 Page 4 of 4 ATTEST: 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: City of Winter Springs Ordinance No. 2004-29 Page 4 of 4