Ord. No. 20-98-1668ORDINANCE NO.20-98-1668
AN ORDINANCE OF THE MAYOR AND THE CITY
COMMISSIONOFTHECITYOFSOUTH MIAMI,
FLORIDA,CREATING SECTION 15-98,EN
TITLED "CRUISING"/PROVIDING FOR SEVER
ABILITY /ORDINANCES IN CONFLICT AND PRO
VIDING FOR AN EFFECTIVE DATE.
WHEREAS,the City of South Miami's downtown shopping district
has been re-structured to be more pedestrian friendly;and
WHEREAS,growth in the downtown area,including the Shops at
Sunset Place,is expected to generate extremely high levels of
pedestrian traffic and vehicular traffic;and
WHEREAS,an integral,part of assuring the safety of residents
and visitors is the smooth and orderly flow of traffic;and
WHEREAS,the volume oftraffictothe downtown area
necessitates that certain regulations be enacted for the public
good;and
NOW,THEREFORE,BEIT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI:
Section 1_That Section 15-98 Cruising,of the Code of
Ordinances oftheCityof South Miami be created,as follows:
1^The purpose ofthis ordinance isto reduce traffic
congestion,excessive noise and pollution,promote public safety
andto ensure safe and orderly passage of pedestrians and vehicles
in the Downtown South Miami area.
t2_j—For purposes of this ordinance,the following streets
are identified as cruising areasforthe purpose of enforcement:
SW 72 Street (Sunset Drive)between US l and SW 57
Avenue (Red Road):SW 57 Avenue (RedRoad)between US1 and SW73
Street;SW73 Street between SW 57 Avenue (Red Road)and US1:US
1 between SW73 Street and SW57 Avenue (Red Road):SW58 Avenue
between US1 and SW 73 street:SW71 Street between US 1 and SW 58
Avenue:
1^—Definitions:The following words,terms and phrases
whenusedinthis ordinance shallhavethe meanings ascribed to
them in this section except where the context clearly indicates a
different meaning.
.,&*Cruising:Unnecessary repetitive driving means
driving a motor vehicle three or more times in anv two hour period
betweenthehoursof 12:qi pm (Noon)and 6:00 AM on weekends or
national holidaysandafter4:00 PM onChristmasEveandNewYear's
Eve,past a designated traffic control point established by the
Page 2 of Ordinance No.20-98-1668
-2-
Police Department at or near-a place wher-e t-raffic is nongested
in"upon or l*?'^^Vehiclft mRans anv sel f-nronell ed rtaxH^^—p0*or by which anv person or property ib nr m^r k.transported or drawn npon .public riahh-p?-^,LISr dev-ir^
moved by human power or erclusivelv ,7™^raill'^^CT deV1 CPS
£*National holidays means New Year's fvp
PW and Christinas n^T nnlMe otherwise specified hprpin—Sich
reference uuiiu °1 T^f^r r™rrn}PQint mpans a ^""^y identifiedfolic*&£££*?.^nmnPd W *****fmm tiTOe to tip,,by tjj
Friday,and 6•&J^Z^^****"'h""^****»"6:00 PM nn
™,v™=M .1-"Vt.Sha11 he '^lawful to enaaro jn cruising T^r-purposes Of;thns sertion.thp person haVir.g rnntr-r.1 a-^/^
assay ^hir^.rMpin nrji h°—^-e?™i smz
present in the i^XlWJ^XjrJ*^?*^***^
vehicle at the time nf the violation of this section a
_^f—^§—orohihi fion of cruising shall not applv to
?Z^f!*j!l!L™1 SIT™*awb"]a"™s wh»"'T»~t-«d for officialS!?r!!lltlJL.?-"P P'lhllC transportation "M""H.vehirlP*-inuserornusineaaand/or-comma^rial purposes.
uill be rrr6rVtje"L T?7*necessarv hV the PolirP Department Bim«to Protibircmising n"™'?"1"™f ""*"^hir.^°boundary a?pa!l!!j Ll^^lTl ^^°"°hRprva1-1Qn '"hat a «*o,yphirl,hag
ghf vehicle PshallPhi r^"?^^P*Wit"hl'"a ^°°ho"r ™^"Hcnevenic^e shall,be sapped and notice shall h.a-i—„f-th
operator and to ea^h ^^.^^„J.J ^"-^_.*»*+*uf 'H-vyg"to cne
-.-chicle in tli^'"„-„„f/?nq }a Y g^OS^nuent operation of the
°.1 :i,T.-.1 ...q I lY dfigf,T"ihe the area wher-B cruisim "u
Page3of Ordinance No.20-93-1668
-3-
Section 2.if any section,clause,sentence,or phrase of
this ordinance is for any reason held invalid or unconstitutional
by.a court of competent jurisdiction,the holding shall not affect
the validity of the remaining portion of this ordinance.
Section 3.All ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 4.The ordinance be effective immediately after the
adoption hereof.
PASSED AND ADOPTED THIS ?nth DAY OF October
ATTEST:APPROVED:
CITY CLERK
1stReading-10^/98
2nd Reading -10/20/98
READ AND APPROVED AS TO FORM
&*Jli
CITY ATTORNEY 9±
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Bethel:
Commissioner Feliu:
Commissioner Russell
.,1998.
5-0
Yea
Yea
Yea
Yea
Yea
TO:
FROM:
SOUTH MIAMI POLICE DEPARTMENT
ENTER-OFFICE MEMORANDUM
Mayor andCity Commission DATE:Oct.16,,1998
y\SUBJ:Agenda Item #£_7
Cr Comm.Mtg.Oct.20,1998
Second Reading
Section 15-98,Code of
Ordinances -Cruising
Charles Scurr,
City Manager
Attached is an ordinance creating anew section of the Code of
Ordinances of the City of South Miami.This new ordinance deals
withtheissueof cruising.
It is anticipated that the downtown area,especially the area
around the Shops at Sunset Place,will generate a tremendous volume
of vehicles and pedestrians.Vital to the success of the downtown
area,as well as to the public safety,is the regulation of traffic
movement and the concurrent need to regulate traffic volume.
This ordinance empowers the Police Department,with established
criteria,to eliminate the negative impact of people driving around
the downtown area with no destination or purpose.It also creates
another law enforcement tool for those who may drive the area with
negative intentions.
Your concurrence is respectfully requested.
CW/gf/esw
Att