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HomeMy WebLinkAboutDocumentation_Regular_Tab 09_08/17/2006 VILLAGE OF TEQUESTA MEETING AGENDA ROUTING SHEET MEETING DATE: 8/17/2006 REQUESTED ACTION/SUMMARY: Council approval of First Reading of Ordinance 607, prohibiting fishing from the Tequesta Drive Bridge. RESOLUTION OR ORDINANCE NUMBER: Res # Ord #607 ORIGINATING DEPARTMENT: Village Manager FUNDING SOURCE: 2005/2006 BUDGET ACCOUNT NUMBER: CURRENT BUDGETED AMOUNT AVAILABLE: $ AMOUNT OF THIS ITEM: $ AMOUNT REMAINING AFTER THIS ITEM: $ BUDGET TRANSFER REQUIRED: ❑ Yes ❑ No APPROPRIATE FUND BALANCE: ❑ Yes ❑ No Piggyback Contract Name and #: Or Competitive Bid # APPROVALS: _.. DEPARTMENT HEAD: �--- �— � __� FINANCE DIRECTOR: .._-� �1 - VILLAGE MANAGER `"' ` VILLAGE MANAGER RECOMMENDATION: APPROVE ITEM: E1' DENY ITEM: ❑ VILLAGE ATTORNEY: APPROVED FOR LEGAL SUFFICIENCY X Yes ❑ No ❑ Not Applicable (n/a) ORDINANCE NO. 607 AN ORDiNANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, PROHIBITING FISHING FROM THE TEQUESTA DRIVE BRIDGE, PROVfD1NG FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDlNG FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 316.008, Florida Statutes, permits municipalities to enact restrictions and regulations regarding streets and highways under their jurisdiction and within the reasonable exercise of the police power; WHEREAS, the Tequesta Drive Bridge is within the jurisdiction of the Village of Tequesta; WHEREAS, the Village Council, after due investigation, has determined that it is detrimental to traffic safety and dangerous to human life for any person to fish from the Tequesta Drive Bridge; WHEREAS, the Village Council believes that this proposed regulation best promotes the health, safety and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1 The Village Code of Ordinances is hereby amended at Chapter 54, Offenses, Section 54-6, to read as follows: "Sec. 54-6 Fishing from Tequesta Drive Bridge. (a) Fishing from the Tequesta Drive Bridge in the Village of Tequesta, Florida, is hereby prohibited. (b) The Village of Tequesta Police Department shall post signs indicating that fishing from the Tequesta Drive Bridge is prohibited. (c) Violation of this section is a noncriminaf traffic infraction, punishable as a pedestrian violation as provided in Chapter 318, F.S. Section 2 All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3 If any court of competent jurisdiction holds any word, part, section, paragraph or provision hereof to be unlawful or unconstitutional, such ruling or finding 1 Ord. No. shall not affect the remaining portions of this Ordinance, which shall remain in full force and effect. Section 4 This Ordinance shall become effective immediately upon passage. THE FOREGOING ORDINANCE was offered by Councilmember , who moved its adoption. The Ordinance was seconded by Councilmember and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 2006. MAYOR OF TEQUESTA ATTEST: Village Clerk N:\SGH\13153-1\Ordinances\Fishing Ordinance.DOC 2 Ord. No. Statutes & C'onstitution :View Statutes :->2005->Ch0316->Section 1305 : Online Sunshine Page 1 of 1 SeEect Year 2 a�� T G� The 200� F`lorida Statutes Tit�,.XX�.1 Chapter .�16 _V_ieyv Entj�e C�apter, MQTC�R. VEHICLES STATE t.)NIFC�RM TRAFFIC C4NTRnL 316.1305 Pish9ng from state road bridges,-- (1) The Department of Transportation is authorized to investigate and determine whether it is detrimental to traffic safety or dangerous to human life for any person tn fish from a state road bridge, When the Departr►�ent af Transportation, after due investigakion, determines that it is dangerous for persons to fish from such a bridge, it shalt post appropriate signs on the bridge stating that fishing from the bridge is prohibited. (2) Fishing from a bridge upan which the Department of Transportation has posted signs as provided in subsection (� ) is a noncriminal kraffic infraction, punishable as a pedestrian viotation as provided in chapter 318. (3) This section is cumtalative and is not intended to repeal any special law makrng it untawfuE ko fish from any bridge. H9story.--s. 158, ch, 299b5, 1955; ss. 23, 35, ch. 69-iQ6; s, 234, ch. 7�-136; s. 4, ch. 84-309; s� i$, ch. 9b-350. Note.--Former s. 339.27. Copyright �9 t995-2A46 The Florida Legistature • P�ivacy_State�e�.t • Co,�a���„�J,� http://www.leg,state,fl,us/Statuteslindex.cf�n?App_mode=Display_Statute&Search Strii�zg.,. 7/12/2006 Statutes & Constitution :View Statutes :->2005->ChQ316->Section 008 : �nline Sunshine Page 1 of 3 Setect Year: 2 �a 5 " Go The 20�5 Florida Statutes Title XXIII i�p er 3 6 V�e�! EntLe Chapte� MOTOR VEHIrLES STATE UNIFORM TRAFFIC C�I�TROL 316.OD8 Powers of focai autf�orities.-- (1) The provisions of this chapter shatl not be deemed to prevent tacal auYhor�ties, with respect ta streets and highways under their ,jurisdiction and within the reasonable exercise af the police power, from: (a) Regutating or prohibiting stapping, stan�ing, or parking. {b) Regulating traffic by means of police officers ar afficial traffic control devites, {c) Regulating or prahibiting processions or assemblages on the streets or highways, including atl �tate or federat highways lying v�ithin their boundaries. (d) Aesi�nating particular highways or raadways for,use by traffic movinq in one direction. {e) �stablishing speed limiCs for vehicles in public parks. (f) Designating any street as a through street or designating any intersection as a stop or yield intersection, {g) Restriceing the use of streets. {h) Regulating the operation of bitycles. {i) Regulating or prohibiting the turning of vehicles or specified types of vehicles, (j) Attering or establishing speed timits within the prc�visions af this chapter. (k) Requiring written crash reports. {f ) Designating no-passing xanes. (m) Prohibiting or regutat9ng the use of controlled access roadways by any class or kind of traffic. (n) Prohibiting or regulating the use of heavily traveled streets by any ctass or kind of traffic found to http://www.leg.state.fl,us/Statutes/index.cfin?App_mode=Display�Statute&Search_Stxing.., 7/12/2006 S�atutes & Constitution :View Statutes :->2005->Ch0316->Section 408 : Online Sunshine Page 2 of 3 be incampatible wiCh the normat and safe movement of traffic. (o) De�ignating haxardous railroad �rade crassin�s in conformity to criterfa promulgated by rhe pepartment of Transportation. {p) Designating and regulating traffic on ptay streets. (q) Prohib9t9ng pedestrians from crossin� a roadway in a business district or any designated highway excepe on a crosswalk, (r) Regulating pedestrian crossings at unmarked crasswatks. (s) Regutating persons upon skates, coasters, and other tay vehicles. (t) Adopting and enforcing such temporary ar experimental regulations as may be necessary to cover emergencies or special conditions. (u) Enacting ordinances or erecting signs in the rights-nf-way to controi, regulate, or prohibit F�itchhiking on streets or highways, including all state or federal highways lying within their boundaries. {v) Regulating, restricting, ar prohibiting traffic wi�hin the boundary of any airport owned by the state, �- a county, a municipality, ar a paliticaE subdivision and enforcing viofations under the provisions of this chapter and chapter 39 8, (w) Regutating, restricting, or monitoring traffic by secu�ity devices or personne! on pub[ic streets and highways, whether by public or private parties and providing for the construction and maintenance of such streets and highways, (2) The mun#cipality, Chrough its duly a+�thorized officers, shalt have nonexclusive jurisdiction over the prosecution, trial, adjudication, and punishment of violations of Chis chapter when a viotation occurs within the municipality and the person so charged is charged by a municipat police offiter. The disposition of such matters in the municipality shall be in accordance with the charter of that municipatity. This subsectiQn does nat tirriit those caunties which have the charter power to provide and regulate arteriat, toll, and other roads, bridges, tunn�ls, and related facil9ties from the praper exercise of those powers pertaining to the consolidation and unification af a traffic court system within such counties, (3) No lacal authority shall erect or maintain any offieial traffic conkrol device at any location so as to re�ulate the traffic on any state road unless approval in writing has first been obtained from Lhe Department of Transpartation. {4) A county ar munfcipality may enact an ordinance provid9ng a fine for the violat�on of s. 31.�,...�955 in excess of the fine specified by s. .�.18.i8(b), except that such a fine may not exceed $z50. Any such ordinance may pravide for the deposit of such fines in a separate counCy or munic�pal actount to be http://ww�v,.leg,state,fi.us/Statutes/index.cfm?Ap� mode=Display_Statute&Search Sixing... 7/12/2006 ��atutes &(�onstzi:ution :View Statutes :->2005->Ch0316->Secti�n 00$ : Online Sunshine Page 3 of 3 used in the following manner: (a) Qne-third to be used to defray expenses far the aciministrakion of this subsection, (b) Two-thirds ko be used ta provide funds to improve accessibility and equal opportunity to quatified persons who have disabilit9es in the county or municipality and ta provide funds to canduct public awareness programs in the county ar municipality concerning persons who have disabilities. (5)(a) A county or municipality may enact an ordinance providing a fine for the violation af s. 31b_19+4.5 (1){b}Z. or 5. in excess of the fine specified by s. 31.$.i${2.}, except that such fine may not exceed the fjne specified in s. 3�8,_,�.,�(Z) by more thar� $3. However, such ordinance shatl pravide that the fines cottected pursuant to thfs subsection in excess of the fines which woutd be cotlected pursuant to s. 318 �'I.$(z) for such violations shaU be used by the county or municipality for t�e purpose af funding a firefighter education program. The amounr of the fines cotlected pursuant to this subsection in excess of the fines which would be callected pursuant to s. 3i$.18(2} for such v9otations shaEt be reported on a manthly basis by the clerk af the court to the appropriate county or municipality. (b} A county ar municipaliCy may enact an ordinance which dedicates a portion of any fine collected for a vialation af such ardinance for the purpose of fundin� a firefighter education program, if such ordinance is limited to the regulation of parking within a firesafety zone. (6} A county or municipatity may enact an ordinance providing for the establishment of a"cambat automobite theft" program, and may charge a fee for the administration af the program and the cost of the deca[. Such a program shali include: (a) Consent forms for motor vehicte owners who wish ro enrotl their vehictes. (b} Decals indicating a vehicte's enroflment in the "combat automobi[e Cheft" program. The Department of Law �nforcement shall approve the cotor, desfgn, and other specifications of the program decal. (c) A consent farm signed by a mator vehicle awner provides authorization for a taw enforcement officer to stop the vehicEe when it is being driven between the haurs of 1 a,m. and 5 a,m., provided that a decal is conspicuously affixed to the bottom left corner of the back window of the vehicle to provide nokice of its enrotEment in the "combat automobile theft" pro�ram, The owner of the motor vehicle is responsible for removing the decal when terminating participation in the program, or when setling or otherwise transferring ownership of the vehic[e. No civil liabil4k3es will arise from the actiflns of a law enfarcement officer when stopping a vehicle with a yellow decat evidencing enroflment in the program when the driver is nat enrolted in the program pravided that the stop is made in accordance with the requirements of the "combat automobile theft" pt�o�ram. History.--s. 1, ch. 71-13�; s. 3, ch. 71-982; s. 1, ch. 76-72; s. Z, ch. 83•164; s. 1, ch, 84•234; s. i, ch. 85-227; s, 1, ch. 85-325; s. 3, ch. 8b-954; s. 1, ch, 89-34; s. Z5, ch. 40-330; s. 1, ch. 93-30; s. 33, ch. 94- 306; s. 1, ch. 96-200; s. 4, ch, 96-35A; s. $1, ch. 99-248. Copyright � 1995-2006 The Flnrida Legislature • Pri...v_acy_Stateme�t • Contact Us hitp://www.leg.state.fl,us/Statutes/index.cfm?A�p_mode=Display_Statute&Seatcl�._String� 7/12/20Q6 Statutes & Cans#itution :View Statutes :->2005M>Ch0318->Section 14 : Online Suinshine Page 1 of 4 Selett Year: Z005 �- Go The 2005 Fiorida Sta�u�tes Titte�( Ct31 ChaPter 318 �i.�a,�, ..En.�ire Chapter MOTt7R VEHICLES DISPnSITION OF TRAFFIG INFRAGT.[ONS 31$.14 Noncriminal traffic infractions; exception; procedures.-- (1) Except as provided in ss. 318.17 and 320.07(3}(c), any person tited for a violation of chapter 316, s, 320_0605, s. 320�07(3j{a) or (b), s. 3,�,�Q$�, s. 322.,�.5(1), s. 32��.�(Z} or (3), s, ,�Z,�..16i (5}, s� 322 �L9., or s. 1QOE ,b6(3) is charged with a noncriminal infract9on and must be cited for such an infraction and cited to appear before an official. lf another person dies as a result of the noncriminal infraction, the person cited may be required to perform 120 cammunity service hours under s. 3�._d27{4), in additian to any other penatties. (Z} Except as provided in s. 31_b, lOD1(2), any person cited for an infraction under this section must sign and accept a cttation indicaCing a pramise to appear. The of�icer may indicate on. the tra#fic czkation the time and tocation of the scheduled hearing and must indicate the applicable civil penalty established in s. 318.i8. (3) Any person wha wilifully refuses to accept and sign a summons is guiEty of a rnisdemeanor of the second degre�. (4) �xcept as provided in subsection (1Z), any person char�ed with a noncriminat tnfraction under this section who daes not etect to appear shal! pay the c9vil penalty and delinquent fee, if appticable, either by mail ar in person, within 30 days after the date of issuance of the citation. 1f the person cited follaws the above pracedure, he or she shall be deemed to have admitted the �nfraction and to have waived his or her right to a hearing on Che issue af corr►rrtission of the infraction. Such admission shall not be used as evidence in any other proceedings. Any person who is cited for a v9olatian of s, 3Z,�,0605 or s. 322.15. {1), or subjeGt to a penalty under s. 3XQ.07(3)(a) or (b) or s� 3�2�,.Q(�, and who makes an etection tander this subsection sf�all submit proof of cor►�pliance wiCh the appli�able section to the cterk of the tourt, For the purposes of Chis suhsection, praaf af compliance consists of a valid driver`s ticense or a valid registration certificate. (�} Any person electing to appear before the designated official or who is required so ta appear shall be deemed to have waived his or her right to the civit penalty pravisians of s. �18.�18� The afficial, a€ter a hearing, shalE maEce a determination as Co whether an infraction has been committsd. [f the commisston o€ an infraction has been proven, the afficiat may impose a civil penalty not to exceed $5QQ, except that in cases involving unlawfut speed in a school zone or invotving unlawful speed in a canstruction zone, the civi! penalty may not exceed $i,�t1A; or require attendance at a driver improvement schoal, or both, If the person is required to appear before the designated officiai pursuant to s. �1 �.,�(1) and is found to http://www.leg.sta#e.fl,us/Statutes/index.cfrn?App_mode=Display_Statute&Search_String... 7/i 2/2006 Statutes & Constitution .View Statutes :->2005->Ch0:318->Section 14 : 4xaline Sunshizae Page 2 of 4 have committed the infraction, the designated officiat shail impose a c3vil penatty of $1,000 9n addition to any other penalties and the person's driver's [icense shall be suspended for 6 months. If the person is required to appear before Che designated of€icial pu�suant to s. ,3.�8.19(2) and is found ta have committed the infraction, the designated official shall impose a tivil penaEty of $5QD in additian to any other penatties and the person's driver's license shall be suspended for 3 months. if the official determines that no infraction has been committed, no costs or penalties shali he imposed and any costs ar penalties that have beerr paid shall be returned. Moneys received From the mandatory civil penatties imposed pursuant to this subsection upon persons required to appear before a d�signated afficial pursuant to s. 3� 19(1 } or (2j shatl be remitted to the Department af Revenue and deposited into the pepartment of Health Administrative Trust Fund to provide financtat suppart to certified trauma centers to assure the availability and acCessibitity of trauma services thraughout the state. F'unds deposited into Che Administrative Trust Fund under this section sha[t be aEtocated as fottows: (a) Fifty percent shalt be allocated equally among ati Level I, l.evei 11, and pediatric trauma centers in recogniCion of readiness costs for maintaining trauma services. (b} Fifty percenC shalt be altocated among Level (, Level II, and gediatric trauma centers based on each center's retative volume of tcauma cases as repnrted in the Department of Nealth Trauma Registry. (6} The commission of a tharged infractfon at a hearing under this chapter must be proved beyond a reasor►able doubt. {7)(a) The officiat havin� jurisdiction over the infractian shall certify to the department w9th9n 10 days after payment af the civ�l penalty that the defendant has admitted to the infraction. !f the charge results in a hearing, the offitial having .jur�sdiction shatl certify to the department the fina[ disposition within 1A days after the hearing. A11 dispositions returned to the county reguiring a correction sha(! be resubmitted to the department within 1Q days after the notificatian of the error. (b) If the officiat having jurisdiction over the traffic infraction submits the final disposifiion to the department more than 9 80 days after the finat hearing or after payment af khe civii penalty, the departrnent may modify any resu[ting suspensian or revncation action to begin as if the citation were reported in a timely ma�tner. (8) When a repart of a determination or admission of an infraction is received by the department, it shatl proceed ko enter the proper number of points on the licensee's driving record in accordance with s. 322s2.7_� (9) Any persan wha does not hold a commercial driver's license and wha is cited for an infraction under this section other than a violation of s. 320,06Q5, s. 3Z0�07{3}(a) or (by, s. ��2.065, s, 3�(t}, s. �2�61, or s. 32,Z.b2 rnay, in lieu of a court appearance, elect to attend in the lacation of his ar her choice within this state a basic driver improvement course approved by the Department of Mighway 5afety and Motor Vehicles. !n such a case, adjudicat'ron must be withhetd; points, as provided by s. 32�.2.7 may not be assessed; and the civf! pena[ty that is irnposed by s. �8,18(3) must be reduced by 18 percent; however, a person may noC make an election under this subsection if the persan has made http://www•leg.state.fl.us/Statutes/index,cfm?App_mode=Display_S�a#ute&Search String... 7/12/2Q06 $tatutes & Constitution :View Statutes :->2005->Ch.0318->Section 14 : nnline Sunshine Page 3 of 4 an etection under this subsection in the preceding 12 months, A person may make no more than five etections under this subsection. The requirement for community $ervice uncier s. �t$�i8(8) is notwaived by a plea of nolo contendere ar by tF►e withhoEding of adjudication of guilt by a court. (10)(a) Any person who does not hotd a commercial driver's ticense and who is cited for an offense tisted under this subscctian rriay, in lieu of payment of fine ar court appearance, elect to enter a ptea of no[o contendere and provide praof of compliance to the clerk of the court or authorized operator of a traffic viofations bureau. In such case, adjudication shall be withheld; how�ver, no etectian shali be made under this subsection if such person has made an election under this subsection in the 12 months preceding electian hereunder. No person may make more than three �lections under this subsectron. 7his subsection appiies to the fottowing �ffenses: 1. Operating a motor vehicle wiChout a valid driver's license in viotation of the provisians of s. �22.Q3, s. 322.065, or s, �Z�_L5(i }, or operating a motor vehicte with a iicense which has been suspended for failure to appear, failure ta pay civi[ penaEty, or failure to attend a driver irnprovement course pursuant to s. 32Z.���i� �. Operating a mokor vehicle without a vatid registration in viotat9�n of s, �Q 0_605, s, 32�L_O,Z, or s, 32� _13 �� 3. Operating a mator vehicle in vifliation of s, 316.64b. (b) Any p�rson cited for an offense listed in thfs subsectian shaEl present proaf af camp[iance prior to the scheduted court appearance date, For the purpases of this subsection, proof of compliance shalE consist of a vatid, renewed, or reinstated driver's ticense or registration certiffcate and proper groof of maintenance of security as required by s. 316,646. Notwithstanding waiver of fine, any person estab[ishing proof of compGance shall be assessed court costS af $22, except that a person charged with viotatian of s. 316,646.(1 }-(3) may be assessed court costs nf $7. Qne dollar of such costs shalt b� rest�itted to the Department af Revenue for deposft into the Chitd Wetfare Training 1"rust Fund of the qepartmenC of Childfen and Family Services. t7ne dollar of such casts shafl be disCributed to the � pepartment of Juvenite Justice for deposit into the Jwenile Justice Training Trust Fund. Twelve dollars of such casts shatl be diskributed to the municipatity and $8 shail be deposited by the cterk of the court into the fine and farfeiture fund established gursuant to s. 1_4�.01, if the offense was committed within the municipaliCy. If the offense was committed in an unincorporated area af a covnty or if the citation was for a vio{akion af s, 316.646(1 }-(3), the entire amount shall be depos�ted by the clsrk of the court inta the fine and forfeiture fund estabtished pursuant to s. 142.01, except for the moneys to be depos9ted into the Ch3ld W�lfare Training Trust Fund and the Juvenile .lustice Training Trust Fund. This subsection shall not be canstrued to authorize Che aperation of a vehicte without a valid dNver's ticense, without a vatid vehicte tag and registratian, or without the maintenance of required security. (i i} If adjudication is withheld for any person charged or cited under this seckion, such action is not a conviction. (12) Any person cited fnr a violation of s. 316.1001 may, in lieu of makin� an etection as set forth in l�ttp://wrvw.Ieg,state.fl..us/Statutes/index.cfin?App moc�e=Display_Statute&Searel� String.., 7/12/2406 Statutes & Constitution :View Statutes :->20Q5->Ch0318->Section 14 : Online Sunshine Page 4 of4 subseGCion {4) or s. 3i$�1$(7}, etect to pay his or tser fine directty to the governrnentat entity that issued the citation, with9n 30 days after Che date af issuance af Che ciCation. Any persan cited for a violation of s. 316.�1001 who daes noC etect �o pay the fine direcCly to the governmental entity that issued the cStat9on as described in this section shatl have an additional 45 days after Che date af the issuance of the citation in which to pay the civit penatty and delinquent fee, if applicabEe, as provided in s. 318�,18.(7), either by mail or in person, in accordance with subsection (4). History.--s. 1, ch. 74-377; se 2, ch. 79=27; s. 194, ch, 81-259; s. 7, ch, 82,-97; s. 2�., ch. 83-215; s. Z68, ch. 84-309; s. 14, ch. 84-359; s� 59, ch. 85-18Q; s. 2, ch. 85-250; s. 1, ch. 86-12; s. 5, ch. 8b-154; s. Z, ch. 86-182; ss, 1, 3, ch. 86-185; s. 1, ch, 87-i08; s. 9, ch, 88-50; s. 53, ch. 84-282; s. 2, ch, 90-23Q; ss. 1, 6, ch, 91-200; ss. 9, 5, ch. 92-195; s. 19, ch. 93-'Ib4; ss. 13, 36, ch. 94-3a6; s. 908, ch. 95-148; s. 58, ch, 95-1.67; s, 2, ch, 95-32b; s, '7, ch, 96-'Z�Q; s. 43, ch. 96-35Q; s. 8, ch. 9b-414; s, 46, ch, 97•300; s, 58, ch. 49-8; s. 94, ch. 99-13; ss. 7, Z49, ch. 99-248; s. 27, ch. 20Q1-12�; s. 963, ch. 2Q02-387; s. 27, ch. 2003-1; s, 21, ch. 2�Q3-28b; s� 58, ch. 2(?04-265; ss, 19, 57, ch. 2QOS-1b4� Copyright � 1995•20Qb The Ftorida Legistature • P�r .�acy St�terse►.�t • Contaet.Us http://www,Ieg,state.fl.us/Statutes/index,cfin?App_mode-Pisplay_Stai�Ye&Search_String,.., 7/12/200b