HomeMy WebLinkAbout2012 05 29 Public Hearings 500 Speed Limits Ordinance 2012-04
COMMISSION AGENDA
Informational
Consent
ITEM500
Public Hearings
X
Regular
May 29, 2012KSKL
Special MeetingCity ManagerDepartment
REQUEST:
The Public Works Department requesting the City Commission hold a Public Hearing for
the second reading and adoption of Ordinance 2012-04 amending Section 12-52 of the City
Code regarding vehicular speed limits.
SYNOPSIS:
Ordinance 2012-04 is required to update Section 12-52 of the City Code to comply with
Section 316.189 Florida Statutes regarding the establishment of municipal speed limits.
Section 316.189 Florida Statutes establishes a default maximum speed limit of 30 miles per
hour within a municipality. In residential areas, Section 316.189 allows municipalities to
set maximum speed limits of 20 and 25 miles per hour on local streets, only after an
investigation determines that these speed limits are reasonable. City Engineering and Police
Department Staff have recently completed a City-wide speed investigation, which
determined that the existing posted speed limits as currently established on local streets at
20 and 25 miles per hour are appropriate, with two exceptions. Staff's speed investigation
and the accompanying speed limit map are being submitted for City
Commission adoption under Regular Agenda item #601. This agenda item covers
the second reading of Ordinance 2012-04.
CONSIDERATIONS:
Section 12-52 of the City Code addresses vehicular speed limits. Paragraph 12-52(a)
currently states: "the maximum speed limit within the municipal boundaries of the City
shall be twenty (20) miles per hour unless otherwise approved by motion of the City
Public Hearings 500 PAGE 1 OF 3 - May 29, 2012
Commission and posted. Paragraph 12-52(b) then states that the 20 MPH maximum speed
limit shall not be applicable to "state highways or connecting links or extensions thereof."
Ordinance 2012-04 updates Section 12-52 to comply with Section 316.189(1), Florida
Statutes, which states: "The maximum speed within any municipality is 30 miles per hour.
With respect to residence districts, a municipality may set a maximum speed limit of 20 or
25 miles per hour on local streets and highways after an investigation determines that such
a limit is reasonable. It shall not be necessary to conduct a separate investigation for each
residence district. A municipality may set speed zones altering the speed limit, both as to
maximum, not to exceed 60 miles per hour, and minimum, after investigation determines
such a change is reasonable and in conformity to criteria promulgated by the Department
of Transportation, except that no changes shall be made on state highways or connecting
links or extensions thereof, which shall be changed only by the Department of
Transportation."
Ordinance 2012-04 incorporates the following primary changes to Section 12-52:
1.Establishes a default maximum speed limit of 30 MPH on City streets, consistent with
Section 316.189 Florida Statutes.
2.Provides the City Commission or City Manager the ability to establish speed limits
different than 30 MPH in conformance with FDOT criteria.
3.Establishes procedures for documenting the posted speed limits in the City.
4.Establishes a process for validating speed limits on private streets where the City
exercises traffic control.
City Engineering and Police Department Staff completed a City-wide speed investigation in
conformance with FDOT criteria between November 2011 and April 2012. Staff's
speed investigation and the accompanying speed limit map are presented under Regular
Agenda Item #601 at the May 29, 2012 City Commission meeting.
Based on the results of the speed investigation, Staff has determined that the speed limits as
currently established on local streets at 20 and 25 miles per hour are appropriate, with the
exception of Shore Road and South Edgemon Avenue, which are recommended to change
from 20 MPH to 25 MPH.
FISCAL IMPACT:
Ordinance 2012-04 has no fiscal impact.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney/Staff, and is available on the City’s Website, LaserFiche, and
the City’s Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City’s Website, LaserFiche, and the City’s
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas/Agenda Item information, Homeowner’s Associations/Representatives
Public Hearings 500 PAGE 2 OF 3 - May 29, 2012
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
RECOMMENDATION:
Staff recommends the City Commission approve the second reading and adoption
of Ordinance 2012-04.
ATTACHMENTS:
1.Ordinance 2012-04 (4 pages)
2.Orlando Sentinel Legal Advertisement dated May 17, 2012 (1 page)
Public Hearings 500 PAGE 3 OF 3 - May 29, 2012
ORDINANCE NO. 2012-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; AMENDING SECTION 12-52 OF THE CITY
CODE REGARDING THE ESTABLISHMENT OF
VEHICULAR SPEED LIMITS FOR LOCAL CITY STREETS
AND HIGHWAYS PURSUANT TO SECTION 316.189,
FLORIDA STATUTES; PROVIDING AUTHORITY FOR
THE CITY COMMISSION OR CITY MANAGER TO
DESIGNATE A SPEED LIMIT DIFFERENT THAN THE
MAXIMUM SPEED LIMIT ESTABLISHED UNDER
SECTION 12-52 OF THE CITY CODE PROVIDED THE
DIFFERENT SPEED LIMIT IS IN ACCORDANCE WITH
THE PROCEDURES AND CRITERIA SET FORTH IN
SECTION 12-52 AND FLORIDA LAW; PROVIDING
OTHER RELATED MISCELLANEOUS AMENDMENTS TO
SECTION 12-52; 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 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS,
section 316.189, Florida Statutes states that the maximum speed limit on city
streets and highways within any municipality is thirty (30) miles per hour; and
WHEREAS,
section 316.189, Florida Statutes further states, however, that a municipality
may set speed zones altering the speed limit, both as to maximum and minimum, after an
investigation determines such a change is reasonable and in conformity to criteria promulgated by
the Department of Transportation; and
WHEREAS,
section 316.189, Florida Statutes further provides that with respect to
residential districts, a municipality may set maximum speed limit of 20 or 25 miles per hour on
local streets and highways after an investigation determines that such a limit is reasonable; and
WHEREAS
, the City Commission desires to update section 12-52 of the City Code to be
in conformity with section 316.189, Florida Statutes and to establish a local procedure for the City
to make future adjustments to speed limits on local streets and highways within the City of Winter
Springs; and
City of Winter Springs
Ordinance No. 2012-04
Page 1 of 4
WHEREAS,
the City Commission of the City of Winter Springs, Florida, hereby finds this
Ordinance 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. Recitals.
The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment.
The City of Winter Springs Code of Ordinances,
Section 12-52 is hereby amended as follows (underlinedtype indicates additions and strikeout type
indicates deletions):
Sec. 12-52. - Vehicular speed limits.
(a) The maximum speed limit on city streets and highways within the municipal
boundaries of the city shall be twenty (20) thirty (30) miles per hour. The maximum
speed limit set forth in this subsection (a) shall be the maximum designated speed limit
for city streets and highways unless a different speed limit is designated and approved
by the city commission or the city manager pursuant to subparagraph (b) of this section.
unless otherwise approved by motion of the city commission and posted.
(b) After conducting an investigation pursuant to section 316.189, Florida Statutes,
the city commission by resolution or the city manager by written administrative order
may establish speed limits different than the maximum speed limits established under
subparagraph (a) of this section, provided such speed limits are reasonable and in
conformity with the criteria promulgated by the Florida Department of Transportation.
However, no speed limit shall exceed sixty (60) miles per hour.
(bc) The twenty-mile-per-hour speed limit hereby established This section shall not
be applicable to state highways or connecting links or extensions thereof or county
streets and highways. Further, nothing herein shall be construed as prohibiting the
establishment of school speed zones or enhanced penalty zones adopted in accordance
with state law.
(d) Speed limits established by the city in accordance with this section shall be
documented in writing and shall be memorialized and maintained by the city engineer
on a map denoting the various adopted speed limits within the city.
(ce) All speed zones established by the city pursuant to this section shall be posted
with clearly plainly visible and legible signs in daylight or in darkness when
illuminated by headlights and no change in speeds established by the city from the
City of Winter Springs
Ordinance No. 2012-04
Page 2 of 4
thirty-mile-per-hour speed limit established by the Florida Statutes shall take effect
until the zone is posted by the city changing the speed pursuant to paragraph (a) above,
the provisions of this section.
(f) In cases where the city exercises traffic control jurisdiction over a private road
or roads by written agreement with the party owning or controlling the road or roads
pursuant to section 316.006, Florida Statutes, the city commission by resolution or said
agreement, or the city manager by written administrative order, will validate that the set
speed limit for the private road(s) is in compliance with this section before enforcing
the speed limit.
Section 3. 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 4. 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. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
Section 5. 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 6.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 ______________, 2012.
____________________________________
CHARLES LACEY, Mayor
ATTEST:
_____________________________________
ANDREA LORENZO-LUACES
City Clerk
City of Winter Springs
Ordinance No. 2012-04
Page 3 of 4
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY.
_____________________________________
ANTHONY A. GARGANESE
City Attorney
First Reading: ________________
Legal Ad Published: ________________
Effective Date: _______________
City of Winter Springs
Ordinance No. 2012-04
Page 4 of 4
ORDINANCE NO. 2012-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; AMENDING SECTION 12 -52 OF THE CITY
CODE REGARDING THE ESTABLISHMENT OF
VEHICULAR SPEED LIMITS FOR LOCAL CITY STREETS
AND HIGHWAYS PURSUANT TO SECTION 316.189,
FLORIDA STATUTES; PROVIDING AUTHORITY FOR
THE CITY COMMISSION OR CITY MANAGER TO
DESIGNATE A SPEED LIMIT DIFFERENT THAN THE
MAXIMUM SPEED LIMIT ESTABLISHED UNDER
SECTION 12 -52 OF THE CITY CODE PROVIDED THE
DIFFERENT SPEED LIMIT IS IN ACCORDANCE WITH
THE PROCEDURES AND CRITERIA SET FORTH IN
SECTION 12 -52 AND FLORIDA LAW; PROVIDING
OTHER RELATED MISCELLANEOUS AMENDMENTS TO
SECTION 12 -52; 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 § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, section 316.189, Florida Statutes states that the maximum speed limit on city
streets and highways within any municipality is thirty (30) miles per hour; and
WHEREAS, section 316.189, Florida Statutes further states, however, that a municipality
may set speed zones altering the speed limit, both as to maximum and minimum, after an
investigation determines such a change is reasonable and in conformity to criteria promulgated by
the Department of Transportation; and
WHEREAS, section 316.189, Florida Statutes further provides that with respect to
residential districts, a municipality may set maximum speed limit of 20 or 25 miles per hour on
local streets and highways after an investigation determines that such a limit is reasonable; and
WHEREAS, the City Commission desires to update section 12 -52 of the City Code to be
in conformity with section 316.189, Florida Statutes and to establish a local procedure for the City
to make future adjustments to speed limits on local streets and highways within the City of Winter
Springs; and
City of Winter Springs
Ordinance No. 2012 -04
Page 1 of 4
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
Ordinance 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. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. The City of Winter Springs Code of Ordinances,
Section 12 -52 is hereby amended as follows (underlined type indicates additions and strikeout type
indicates deletions):
Sec. 12 - 52. - Vehicular speed limits.
(a) The maximum speed limit on city streets and highways within the municipal
boundaries of the city shall be twenty (20) thirty (30) miles per hour. The maximum
speed limit set forth in this subsection (a) shall be the maximum designated speed limit
for city streets and highways unless a different speed limit is designated and approved
by the city commission or the city manager pursuant to subparagraph (b) of this section.
unless otherwise approved by motion of the city commission and posted.
(b) After conducting an investigation pursuant to section 316.189, Florida Statutes,
the city commission by resolution or the city manager by written administrative order
may establish speed limits different than the maximum speed limits established under
subparagraph (a) of this section, provided such speed limits are reasonable and in
conformity with the criteria promulgated by the Florida Department of Transportation.
However, no speed limit shall exceed sixty (60) miles per hour.
(bc) The twenty mile per hour speed limit hereby established This section shall not be
applicable to state highways or connecting links or extensions thereof or county streets
and highways. Further, nothing herein shall be construed as prohibiting the
establishment of school speed zones or enhanced penalty zones adopted in accordance
with state law.
(d) Speed limits established by the city in accordance with this section shall be
documented in writing and shall be memorialized and maintained by the city engineer
on a map denoting the various adopted speed limits within the city.
(ee) All speed zones established by the city pursuant to this section shall be posted
with elearty plainly visible and legible signs in daylight or in darkness when
illuminated by headlights and no change in speeds established by the city from the
City of Winter Springs
Ordinance No. 2012 -04
Page 2 of 4
thirty mile per hour speed limit established by the Florida Statutes shall take effect until
the zone is posted by the city changing the speed pursuant to paragraph (a) above, the
provisions of this section.
(f) In cases where the city exercises traffic control jurisdiction over a private road
or roads by written agreement with the party owning or controlling the road or roads
pursuant to section 316.006, Florida Statutes, the city commission by resolution or said
agreement, or the city manager by written administrative order, will validate that the set
speed limit for the private road(s) is in compliance with this section before enforcing
the speed limit.
Section 3. 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 4. 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. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
Section 5. 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 6. 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 special
meeting assembled on the 29th day of May, 2012.
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A : ' ° A LORENZO- LUACES
City Clerk
City of Winter Springs
Ordinance No. 2012 -04
Page 3 of 4
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY WINTER SPRINGS ONLY.
ANTHONY A. ARGANESE
City Attorney
First Reading: May 14, 2012
Legal Ad Published:
Effective Date: May 29, 2012
City of Winter Springs
Ordinance No. 2012 -04
Page 4 of 4