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HomeMy WebLinkAboutOrdinance 2012-04 Establishment of Vehicular Speed Limit 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 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 - - •- • - . .. .. • • - .... . 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. CHA' LES j, 0 . or ATT T' 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 F 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