HomeMy WebLinkAboutO-11132J-94-135
3/24/94
11132
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 54-17 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "PROHIBITION OF VEHICULAR
ACCESS", THEREBY CLARIFYING THE PROCEDURE AND
FINANCIAL RESPONSIBILITIES FOR REQUESTING A
VEHICULAR ACCESS PROHIBITION; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in order to safeguard the county -wide
transportation network, Section 30-416 of the Code of
Metropolitan Dade County, Florida ("County Code"), authorizes the
Dade County Traffic Director to plan and direct the operation of
traffic on all streets within the County, including those in
municipalities; and
WHEREAS, it is the general duty of the Dade County Traffic
Director to cooperate with other county, municipal and state
officials and make recommendations for the improvement of traffic
movement and conditions; and
WHEREAS, the volume of existing and requested vehicular
access prohibitions being considered by the City of Miami under
the current guidelines established in Section 54-17 of the Code
of the City of Miami, Florida, as amended ("City Code"), is
receiving close examination by the Dade County Traffic Director,
who wishes to play a more active role in the issues of street
closures as authorized and directed in the County Code; and
WHEREAS, the City Commission, after careful consideration of
this matter, deems it advisable and in the best interest of
11132
public safety and the general welfare of the City of Miami and
its inhabitants to amend the City Code as set forth herein;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. Section 54-17 of the Code of the City of
Miami, Florida, as amended, is hereby amended in the following
particulars: -1/
"Sec. 54-17. Prohibition of vehicular access.
(a) The commission shall have the power, after a
properly advertised public hearing, to
regairu recommend to the Metropolitan Dade
County Traffic Director that vehicular access
to a particular street be prohibited where
such prohibition is found to be in the best
interest of the public.
(b) The request for prohibited access shall be
initiated by the department of public works
or through said department by petition of
property owners within one thousand (1,000)
feet of the affected intersection.
Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged.
Asterisks indicate omitted and unchanged material.
11132
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The decisions of the Traffic Director shall
be final.
(d) Prior to the public hearing, the proposed
prohibited access shall be reviewed by the
departments of police; f tre, rescue and
fire -rescue; and solid
waste, which shall make recommendations to
the commission at said public hearing.
(e) On streets where access is prohibited, a
or - .-
provided in conformancethe requirements
of - department of
(f) Except f or those streets located within the
neighborhoods known as Coral Gate and
prohibitedAnrAAt- MI I In.
reauests for -}icular access to
particular street shall be borne by the
t (i.e. property owner(s), homeowner
a�siooiation(s). etc.). Expenses include. but
are not limited to. ne advertisin0l.
postinr,v of notification 6-lacards, postal
notification to local r6sidents. bostal
correspondence to the ammlioant and any
traffic studies, UDoi -al by the
Metropolitan Dade County Traffic Director fgr
a recruest to -prohibit vehicular access to a
partfoular street. the applioant shall 'Day
call additional expenses related to the
permits. construction of temporary and
t barriers a other related
improvements that may be reauired by the
Traffic Director and/or the department of
public works.
{f-}Lgj The director of public works is authorized to
place and erect a fence at city expense
across Natoma Street, Ta-lu-ga Drive and
Alatka Street at their intersection with
South Dixie Highway in the city, for the
enhancement of public safety by prohibiting
pedestrian access at these locations. It is
further provided that, as an alternative
measure, a wall may be constructed by the
city at any or all of such intersections,
subject to the condition that construction of
the wall(s) shall not commence until such
time as neighbors have placed all funds
necessary to pay for construction of the
wall(s) on deposit with the city, with the
deadline for such deposit(s) being hereby
established as January 10, 1993."
11132
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Section 3. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 4. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective thirty
(30) days and final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 17th day
of February , 1994.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 24th day of March , 1994.
STEP EN P. CLA , MAYOR
ATT
MATTY HIRAI
CITY CLERK
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. QMIWN PFS , II
CITY ATT Y
BSS/M10
-4-
F
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM 16
TO: Honorable Mayor and Members
of the City Commission
FROM :
Cesatil� Io
City �Jger
RECOMMENDATION:
DATE : Or '"D 4 1004 FILE
SUaIECT : Amendment to C I ty Code .
First Reading of Ordinance
Amending Code Section 54-17
REFERENCES:
ENCLOSURES: Ordinance, Dade County
CndP RAnt ll nn AA-1 7
it Is respectfully recommended that the City Commission adopt
the attached Ordinance amending Chapter 54 of the Code of the
City of Miami entitled "Streets and Sidewalks" by amending
Section 54-17 entitled "Prohibition of Vehicular Access" by
clarifying the procedure and financial responsibilities for
requesting a vehicular access prohibition.
BACKGROUND:
In order to safeguard the countywide transportation network,
Section 30-416 of the Metropolitan Dade County Code authorizes
the Dade County Traffic Director to plan and direct the
operation of traffic on all streets within the county, Including
those in municipalities. A specific general duty of the Traffic
Director Is to cooperate with other county, municipal and state
officials and make recommendations for the Improvement of
traffic movement and conditions.
Under the current guidelines established In Section 54-17 of the
City of Miami Code, numerous existing and requested vehicular
access prohibitions are being considered by the City. Since the
prohibition of vehicular access directly affects traffic control
on the street network, the City's consideration of such
restrictions Is receiving close examination by the Dade County
Traffic Director, who now wishes to play a more active role In
the Issues of street closures as authorized and directed In the
Metropolitan Dade County Code.
This proposed amendment to Section 54-17 of the City Code will
clarify the procedure for requesting a vehicular access
prohibition by properly Including the authority of the Dade
County Traffic Director and establishing the financial
responsibilities of an applicant for expenses resulting from
requests for prohibited vehicular access to a particular street.
§ 30-414 DADE COUNTY CODE § 30-416
referring to them, shall be filed alphabetically, and by location.
Such reports shall be available for the use and information of
the traffic engineer.
All accident reports made by persons involved in accidents
shall be without prejudice to the individual so reporting and
shall be for the confidential use of the sheriff's department
or other county and state agencies having use of the records
for accident prevention purposes, except that the sheriff's
department or municipal police departments may disclose the
identity of a person involved in an accident when such identity
is not otherwise known or when such person denies his pres-
ence at such accident. No such report shall be used as evi-
dence in any trial, civil or criminal, arising out of an accident,
except that the sheriff's department shall furnish upon de-
mand of any person who has or claims to have, made such a
report or, upon demand of any court, a certificate showing
that a specified accident report has or has not been made to
the sheriff's department solely to prove a compliance or a
failure to comply with the requirements that such a report
be made to the sheriff's department. (Ord. No. 71-94, § 1,
12-21-71)
Sec. 30415. Drivers' files to be Maintained -
The public safety department shall maintain a suitable
record of all traffic accidents, warnings, and arrests, which
shall be filed alphabetically. (Ord. No. 71-94, § 1, 12-21-71)
Sec. 30-416. General duties of traffic director.
It is the general duty of the traffic director to plan and
determine the installation and proper timing of traffic -control
devices; to plan and direct the operation of traffic on the
streets of this county; including parking areas; to conduct
investigations of traffic conditions; to cooperate with other
county, municipal and state officials and make recommenda-
tions for the improvement of traffic movement and condi-
tions, including improvements in streets, and to carry out the
Supp. No. 93 770.58
LM
§ 30-416 TRAFFIC AND MOTOR VEHICLES § 30-417
additional powers and duties imposed by ordinances of this
county or as directed by the county commission. (Ord. No.
71-94, § 1, 12-21-71)
Sec. 30-417. Specific duties of traffic director.
The traffic director is hereby authorized to:
(1) Through streets. Designate streets or parts of said
streets, as through streets.
(2) Stop streets and stop signs. Determine and designate
intersections where a particular hazard exists upor
other than through streets and to determine whether
vehicles shall stop at one or more entrances to any such
intersection, and shall cause to be erected a stop sign at
every place where he shall find a stop required, except
at those intersections which are controlled by auto-
matic signals or other traffic -control devices. Every
stop sign erected pursuant to this chapter shall be a
standard sign adopted by the state road department.
(3) Crosswalks. Designate by appropriate devices, marks
or lines upon the surface of the roadway, within the
jurisdiction of this county, crosswalks at those places
where he shall find that there is particular danger to
pedestrians crossing the roadway, and when he shall
further find that the existence of a crosswalk will re-
duce that danger.
(4) Safety zones. To establish safety zones of such kii
and character and at such places where he shall fina
that there is particular danger to pedestrians, and
which are consistent with state law, and where he shall
find that the existence of a safety zone will reduce that
danger.
(5) One-way streets, roadways and alleys; signs. To desig-
nate one-way streets, roadways and alleys, and when-
ever the traffic engineer designates any one-way street,
roadway, or alley, he shall cause to be placed signs giv-
ing notice thereof, and no such regulation shall be ef-
fective unless such signs are in place. Signs indicating
Supp. No. 93 770.59
Q'I't-tv of �litttmt
MATTY HIRAI
City Clerk
July 6, 1994
Ms. Becky DeNeve
Vice -President - Supplements
Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32304
Dear Ms. DeNeve:
CESAR H. ODIO
City Manager
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
11130 11131 11132 11137 11148
11149 11150 11151 11155
If I can be of any further assistance, please do not hesitate to
call.
Very truly ours,
Valerie Greenwood
Deputy Clerk
Enc. als
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610
4114-tv of �tantt
MATTY HIRAI
City Clerk
July 6, 1994
Office of the State Attorney
Attention: Rosemary Ricotta
1350 N.W. 12th Avenue
Miami, FL 33136-2111
Dear Ms. Ricotta:
CESAR H. ODIO
City Manager
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
11130 11131 11132 11137 11148
11149 11150 11151 11155
Please acknowledge receipt of same by affixing your signature to
the enclosed copy of this letter and return it to this office for
our files.
Thank you.
Very truly yours,
MATTY HIRAI
City Clerk
BY:
DEPUTY CLERIt-
RECEIVED BY:
DATE:
MH:vg
Enc. a/s
OFFICE OF THE CITY CLERK/ 35M Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610
101-i#g of �tanti*
MATTY HIRAI 01
City Clerk
..... W„
G`(0,F��V
July 6, 1994
Louis Tomeo
Court Operations Officer
1351 N.W. 12th Street, Rm 7-701
Miami, FL 33125
Dear Mr. Tomeo:
CESAR H. ODIO
City Manager
Enclosed herewith please -find a'copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
11130 11131 11132 11137 11148
11149 11150 11151 11155
Please acknowledge receipt of same by affixing your signature to
the enclosed copy of this letter and return it to this office for
our files.
Thank you.
Very truly yours,
MATTY HIRAI
City Clerk
BY:
. &��
DEPUTY CLERK
RECEIVED BY:
DATE:
MH:vg
Enc. a/s
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookle VAIllams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Daily Business
Review We Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice In the matter of
CITY OF MIAMI
ORDINANCE NO. 11132
In the..........X.XXX,X....................... Court,
was published In sold newspaper in the Issues of
May 11, 1994
Afflant further says that the said Miami Daily Business
Review Is a newspaper published at Miami In said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published in said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mall matter at the pool
office In Miami In sold Dade County, Florida, for a period of
one year xt preceding the first publication of the attached
copy ertisement; and afflant further says that she has
nsl or p d nor promised any person, firm or corporation
an die nt, rebate, commission or refund for the purpose
of sec ng this advertisement for publication in the said
n per.
41
Sworn to and cribsd before me this
11 94
a A.D. 19......
(SEAL) U I AL rMTAM SEAL
Sookle wllllams per
WrgE. P1A
�TXMi OF FLORIDA
CONISILSSION NO. CC 172108
NIY COMMISSION EXP. JAN. 6,1996