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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2015-011Temp. Ord. # 2324 June 5, 2015 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2015- AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 14 OF THE CITY'S CODE OF ORDINANCES ENTITLED "MOTOR VEHICLES AND TRAFFIC" BY AMENDING ARTICLE I, SECTION 14-3 ENTITLED "ACTIVITY RESTRICTED ON CERTAIN STREETS"; PROHIBITING SOLICITATIONS IN AND UPON CERTAIN ROADWAYS AND RIGHTS -OF -WAY WITHIN THE CITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR FINDINGS AND INTENT; PROVIDING FOR PENALTIES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac has a significant interest in protecting the health, safety and welfare of the pedestrians and drivers in the City, and ensuring the free flow of traffic within the City; and WHEREAS, the City Commission finds that a dangerous condition exists when person(s) approach vehicles and vehicular travel lanes to solicit employment, business, or charitable contributions from drivers traveling on major streets and roadways; and WHEREAS, the City's professional staff and the Broward Sheriff's Office ("BSO") has analyzed each of the major roadways within the City and has determined that certain roads, as specified herein, pose the greatest threat to public safety and the free flow of traffic in connection with the activities of right-of-way solicitors and canvassers; and WHEREAS, BSO, acting as the City's Police Department, has specifically CODING: Words in strip type are deletions from existing law; Words in underlined type are additions. 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Ord. # 2324 June 5, 2015 Page 2 analyzed the number traffic accidents at certain intersections within the City from 2010 through 2013 and prepared an analysis of their findings; and WHEREAS, the distribution of handbills upon public and private property, including vehicles and roadways, can also create safety and nuisance concerns for the residents and guests of the City; and WHEREAS, according to the Department of Florida Highway Safety and Motor Vehicles (the "Department"), the number of citations issues for aggressive and careless driving increased from 3,815 in 2003 to 23,180 in 2010; and WHEREAS, according to the Department, Broward County is second only to Miami -Dade County for the number of Uniform Traffic Citations issued in 2010; and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interests of the citizens and residents of the City to prohibit right-of-way solicitors and canvassers on certain major streets located within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: Section 1: That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Ordinance. All exhibits attached hereto are expressly incorporated herein by reference and made a part hereof. Section 2: Chapter 14 of the Code of Ordinances of the City of Tamarac, entitled "Motor Vehicles and Traffic", is hereby amended by specifically amending Article CODING: Words in stFile Offough type are deletions from existing law; Words in underlined type are additions. Page 2 of 8 {00041878.1 1820-7902871 } Temp, Ord. # 2324— June 5, 2015 Page 3 1, Section 14-3, entitled "Activity Restricted on Certain Streets", as follows: Sec. 14-3. - AetM-ity-Right_of I _*,%7av solicitation restricted on certain streets. ns. For the purposes of this section canvasser or 7Shfall —mean any person wTho sells or offers for sale any thuio or service r1d, or who seeks any donation of any kindor who personally hands to to transmit by hand or receive service of any kind, wneiner or 110L [Jd,IIICHL III operates or occupies . -a motor vehicle of any kindwhich vehicle is enpaw-ed in travel on or within am, portion of any of the streets or roadways in the City, whether or not such vehicle is temporarily stopped in. the travel lanes of the road. The term shall not apply to any person who merely holds or displa),s a sign lawfully permitted to be displayed by a person as long, as there is no entry by such person orsininto any portion of the roadwaN., or its inedian. Further, this term shall not apply to official citations or notices provided pursuant to governmental authority. (B) Prohibition of right-of-wal,.canvassers and solicitors (1) T-indingS; purpose; intent. (a) The, City Commission of the City of Tamarac desires to adopt an ordinance restricting right-of-way canvassers and solicitors to certain streets and roadways located in the CitN,, because such canvassers and solicitors pose a danger to themselves and the public at large by interfering with. the safe movement of normal vehicular traffic; and (b) According to the Florida Department of Highway Safety and Motor Vehicles 2007 Florida Traffic Crash Statistics Report. 530 pedestrians were killed on Florida roadways in _2007; 65 of those pedestrians were killed on roadways in Broward County: and (c) Based upon -statistics collected by the Surface Transportation Policy Project. the Miami -Fort Lauderdale area is one of the most dangerous areas in the United States for pedestrians: and (d) According to the Florida Department of Highway Safety and Motor Vehicles in 2012 Broward County ranked first in Florida with 58 pedestrian fatalities. (e) For 2011 Broward. County had 29 pedestrian fatalities ranking it fourth in the state, and 2010 saw 52 pedestrian., fatalities in the county. CODING: Words in strike -too type are deletions from existing law; Words in underlined type are additions. Page 3 of 8 {00041878.1 1820-7902871 } Temp. Ord. # 2324 June 5, 2015 Page 4 placing Broward second in the state Total crashes for the years 2010 2012- ranked Brow°ard County second in the State of Florida (f) Numerous types of right-of-way canvassers and solicitors may seek to operate within the City of Tamarac including but not limited to children, adolescents and adults who seek to collect money for school and community activities; vendors who sell flowers newspapers and other products: and people who seek donations or distribute written information; and (<�) Right-of-way canvassers and Solicitors approach motorists and passengers in motor vehicles engaged in travel on roads and are particularly susceptible and vulnerable to serious injury or death due to the speed and number of motorists who operate vehicles on busy roads within the city: and (h) Roads are primarily designed for vehicular traffic and are not suited to safely accommodate right -of w°av canvassers and Solicitors: and (i) The presence of right-of-way canvassers and solicitors interferes with the safe movement of normal vehicular traffic., and (j) The road network in the City is substantially burdened by a high volume of traffic and road design frequently includes complex vehicle turn movements that demand a driver's strict attention-. and (k) It is the intention of the City Commission to use the least restrictive means to advance the significant governmental interests of traffic safety and public safety and. consequently the City staff analyzed each of the major roads within the City and determined that the roads listed in subsection (C), below present an increased and significant danger for use by distracted drivers pedestrians and right-of-way. canvassers and solicitors and pose the greatest threat to traffic and public safety in reference to activities and use by right-of-way canvassers and solicitors. and therefore the City Commission has determined that such activities and use by right -of way vendors and solicitors shall be prohibited on the roads listed in subsection (C). and (1) It is the finding of the City Commission that many, other alternative channels of comrnunication (other than right-of-way canvassing and solicitation on the prohibited roadways) exist for persons CODING: Words in strike-t4ough type are deletions from existing law; Words in underlined type are additions. 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Ord. # 2324--- June 5, 2015 Page 5 who seek to exercise their First Amendment freedoms, such as. but byno .. means limited tosolicitation of funds or distribution of literature through the mail or at alternate locations (such as, houses of worship, shopping areas and special events)•, the sale and/or distribution of newspapers through home or office delivery, vending machines and retail stores; and the sale of goods and.. services at retail stores, through the internet and from vending machines: and (m) The City Commission desires to preserve and protect the personal safct-,,, and quality of life of its residents and of those who use streets within the Ci!A,7both pedestrians and motorists alike: and (n) The., City, Commission has reviewed the proposed regulations provided by this section and finds that such regulations accomplish the purposes intended while utilizing the least restrictive means: and (o) The City Commission finds that it is in the best interests of the residents of the City to adopt this section. (C) Prohibited roach van. It shall be unlawful for any person_ to act as a right-of- way canvasser or solicitor at or within 200 feet from the lateral curb or boundary line of any intersection located on the Collowina roadways: Commercial Boulevard, Nob Hill Road, McNab Road, Pine Island Road, and University Drive. WiRLF"- i ii TIM• 11 , _00MMI ISULM r- =-- - M i rMSTMEM751 mi-owl-il r- 0 CODING: Words in strike 4wough type are deletions from existing law; Words in underlined type are additions. Page 5 of 8 (00041878,1 1920-7902871 ) Temp. Ord. # 2324 June 5, 2015 Page 6 c...a.,...4. :._UR71—N .,......4,_...��_..�,_ (D) Chapter 316 Florida Statutes The enforcement of this section shall not_ in anv way. preclude the enforcement of Section 316.130(5). Florida Statutes_ as (E) Enforcement and Penalties ('1 } It shall be the duty of any police officer of the city to require any person seen soliciting or canvassing and who is not known by the officer to be duly permitted. to produce his solicitor's or canvasser's pennit and to CODING: Words in sffike through type are deletions from existing law; Words in underlined type are additions. {00041878.1 1820a902871} Page 6 of 8 Temp Ord. # 2324 June 5, 2015 Page 7 enforce the provisions of this chapter against any person found in violation thereof. {-}(2) Any person who violates anv terms or provisions of this article shall be prosecuted in accordance with the procedures set forth in. Ch. 162, F S or before a court of competent jurisdiction and upon conviction of such violation before the judge of the county court. shall be subject to the penalties prescribed by the county judge. Each day of violation of anv term or provision of this article shall constitute a separate and distinct violation. Section 3: If any part, sentence, paragraph, Section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby. In the event of a subsequent change in applicable law, so the provision which had been held invalid is. no longer invalid, the provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding under this Ordinance. Section 4: That any ordinances or parts thereof In conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 5: That it is the intention of the City Commission, and It is hereby ordained, that the provisions of this Ordinance shall become and made a part of the Code of the City of Tamarac; that the sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 6: That this Ordinance shall take effect immediately upon adoption. CODING: Words in strike 4ffeugh type are deletions from existing law; Words in underlined type are additions. Page 7 of 8 {00041878.1 1820-7902871 } Temp. Ord. # 2324 June 5, 2015 Page 7 PASSED, FIRST READING this i- day of , 2015. PASSED, SECOND READING this J day of � t 2015. BY�_I) AT IV I/1 T vr\ ",-\FA \ 1 U1 � RECORD OF COMMISSION VOTE: 1ST Reading PATRICIA TEUFE , C C MAYOR DRESSLER CITY CLERK DIST 1: V/M BUSHNELL DIST 2: COMM GOMEZ DIST 3: COMM. GLASSER_✓ DIST 4: COMM. PLACKO I HEREBY CERTIFY that I have approved this ORDINANCE as to form: RECORD OF COMMISSION VOTE: 2ND Reading MAYOR DRESSLER DIST 1: V/M BUSHNELL DIST 2: COMM GOMEZ DIST 3: COMM. GLASSER -�- SA UEL . GdIRDIST 4: COMM. PLACKO CITY ATTORNEY CODING: Words in stfike tlffeugh type are deletions from existing law; Words in underlined type are additions. Page"f © � 8 100041878A 1820-7902871}