HomeMy WebLinkAbout2016-013ORDINANCE NO. 2016-013
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 312.02
(PURPOSE), SECTION 312.04 (DEFINITIONS) AND SECTION 312.06
(PROHIBITED ACTIVITY) OF CHAPTER 312 (RIGHTS-OF-WAY) OF THE
CODE OF INDIAN RIVER COUNTY, FLORIDA IN ORDER TO PROHIBIT
DISTRIBUTION OF ITEMS IN PORTIONS OF THE RIGHTS-OF-WAY WITH
DRIVERS AND PASSENGERS OF VEHICLES; AND PROVIDING FOR
CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS,
AND AN EFFECTIVE DATE.
WHEREAS, a fundamental purpose of county government is to promote, protect and
improve the health, safety and general welfare of the citizens of the county; and
WHEREAS, conduct and activities in the public rights-of-way can lead to significant
driver distractions, leading to vehicle crashes; and
WHEREAS, data from the Indian River County Sheriff's Office demonstrate that an
increase in crashes has occurred at several intersections in Indian River County; and
WHEREAS, distractions, such as exchanges between drivers and pedestrians at
intersections, can interfere with or impede the safe flow of traffic at intersections leading to
crashes; and
WHEREAS, crashes at intersections can threaten the lives of drivers, passengers and
pedestrians within the right-of-way; and
WHEREAS, the Indian River County Board of County Commissioners finds that it is
necessary to amend the Indian River County Code of Ordinances in order to ensure the
protection of the public from activities that interfere with the safe and efficient movement of
traffic; and
WHEREAS, the Indian County Board of County Commissioners desires to adopt this
ordinance in order to protect drivers, passengers and pedestrians alike and promote the safe
and efficient use of the rights -of -ways within Indian River County;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:
Section 1. Enactment Authority.
Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad
home rule powers in counties to enact ordinances, not inconsistent with general or special law,
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for the purpose of protecting the public health, safety and welfare of the residents of the county.
The Board specifically determines that the enactment of this ordinance is necessary to protect
the health, safety and welfare of the residents of Indian River County.
Section 2. Legislative Findings.
The Board finds that the "Whereas" clauses above are true and correct, and hereby
incorporates such clauses as the legislative findings of the Board.
Section 3. Amendment of Section 312.02 (Purpose), Section 312.04 (Definitions) and
Section 312.06 (Prohibited Activities) of Chapter 312 (Rights-Of-Way).
New language indicated by underline, and deleted language indicated by strikethrough.
Section 312.02 (Purpose), Section 312.04 (Definitions) and Section 312.06 (Prohibited Activity)
of Chapter 312 (Rights-Of-Way) of the Code of Indian River County, Florida is hereby amended
to read as follows:
CHAPTER 312. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION
Section 312.02 Purpose
The purpose of this chapter is to:
(1) Establish a mandatory permitting procedure for any work within county right-of-
way, land, or easements;
(2) Establish guidelines for the placement and location of:
(a) Driveways;
(b) Utilities;
(c) Excavation, fill and other structures within county rights-of-way;
(3) Establish standards for traffic control devices within county rights-of-way;
(4) Establish construction specifications for work in county rights-of-way, easements,
or county land;
(5) Provide for proper use and non -obstruction of county rights-of-way and
easements,
(6) Establish guidelines and permitting for the movement of overweight and over
dimensional vehicles or structures within county rights-of-way;
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(7) Prohibit the use of certain streets by trucks exceeding five thousand (5,000)
pounds;
(8) Establish parking regulations within county rights-of-way;
(9) Establish weight regulations on roadways and structures within county rights-of-
way;
(10) Establish guidelines and permitting to regulate processions, assemblies, parades
and hauling routes.
11 Establish regulations for the use of the rights-of-way in order to protect drivers,
passengers, and pedestrians alike and promote the safe and efficient use of the
rights-of-way.
Section 312.04 Definitions
(1) Bikeway: Any road, path, or way which in some manner is specifically designated
as being open to bicycle travel, regardless of whether such facilities are designated for
the exclusive use of bicycles or are to be shared with other transportation modes.
(2) Distributing: Exchanging of item(s) between any person(s) within a right-of-way and
a driver or passenger of a vehicle at such location that requires an acceptance or
rejection of the item(s) being offered for exchange.
Driveway: That portion of the right-of-way used for ingress and egress to the
abutting private property from the street.
(34) Easement: The legal right granted to a party to cross or use part of the land for
public purposes. This may be for utilities, line -of -sight, pole lines, or scenic purposes.
(45) Encroachment: Any object of use occupying any portion of a public right-of-way
which is not allowed by this chapter or is not allowed by reason of a permit having
been granted by the county.
(56) Public works director: The county public works director or his authorized
representative.
(67) Right -of -Way: The land owned or controlled by the county over which the public
has a right of passage, including the streets, sidewalks, bikeways, and driveways
constructed thereon.
(78) Sidewalk: A walkway intended primarily for pedestrians on one (1) or both sides of
a public street.
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(89) Street: The area of the public right-of-way which is intended for normal vehicular
traffic, including paved or unpaved roadways but not including services entrances or
driveways leading from the roadways onto adjoining property.
(910) Utilities director: The utilities director or his representative.
(1011) For words that are not defined in this section, the following sources shall
govern in this order (a) Florida Statutes and (b) Indian River County Code.
Section 312.06 Prohibited Activity
1. Except as provided in section 312.05, it shall be unlawful and subject to
penalties provided herein for any person, corporation, or utility company, public
or private to:
(a) Construct, alter, arrange for, authorize, or participate in any construction
or placement of fill, pavement, driveway, vegetation, signs, or structures,
or any encroachment, in the county owned land, right-of-way, easement
or drainage facility, without first obtaining a valid right-of-way permit and
paying all necessary fees.
(b) Construct any roadway, or drainage improvements, or structures in a
county right-of-way, or easement which do not conform to requirements
set forth in the publications listed in Section 312.08, or not otherwise
approved by the public works director.
(c) Obstruct or damage facilities in a county right-of-way; or impair use of
the right-of-way, easement, or county land by the parking, placement, of
vehicles, debris, fill or other structures in the county owned land, right-of-
way, or easements.
(d) Use the county right-of-way for the movement of over -sized and/or
overweight vehicles or structures without first obtaining a valid right-of-
way use permit. Over -sized and overweight vehicles are defined in
Chapter 316, Florida Statutes.
(e) Provide for the direct connection of any fluid discharge from a swimming
pool, water softener, washing machine, or any mechanical device, into
county rights-of-way, easement or public land.
(f) Install water, sewage, gas, power, telephone, cablevision, or other
utilities along county rights-of-way, easements, or county land without
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obtaining an authorized license as described in Chapter 125.42, Florida
Statutes.
(g) Install any unauthorized sign, utility, shrub, obstruction or structure within
four (4) feet of the curb line or fourteen (14) feet from edge of uncurbed
pavement or if those limitations cannot be met then the installation shall
be as far from the edge of the pavement as possible but shall be within
the right-of-way. See Figure 1, section 312.19.
(h) Install fixed objects or vegetation which obstructs vision at the
intersection of public roadways such that sight distance is less than
prescribed by the Manual on Uniform Standards for Design, Construction
and Maintenance for Streets and Highways, latest edition by the Florida
Department of Transportation. The county has the right to enforce sight
distance requirements where existing conditions are causing a
hazardous condition.
(i) Use certain roadways and structures for the through movement of
vehicles exceeding five thousand (5,000) pounds if such roadways are
signed "no trucks over 5,000 Ib. empty weight."
(j) Install any water well or septic system within the county right-of-way
without license and pursuant to Resolution 90-75.
(k) Perform work in any county right-of-way without proper traffic control.
(1) Leave any trash, junk or debris within the right-of-way, other than that
placed for regular garbage pick up.
(m) Conduct any sales or business in the right-of-way.
(n) Use any county roadway for processions, races, street dances, street
parties, assemblies and parades without first obtaining approval of a
traffic control plan by the public works director and obtaining a valid right-
of-way permit and paying all necessary fees.
(o) Stand in or enter upon any right-of-
way as defined in section 312.04(6) other than a sidewalk as defined in
section 312.04(7) for the purpose of distributing item(s) with a driver or
passenger(s) of a vehicle.
Section 4. Codification. It is the intention of the Board of County Commissioners that the
provision of this ordinance shall become and be made part of the Indian River County Code,
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and that the sections of this ordinance may be renumbered or re -lettered and the word
ordinance may be changed to section, article or such other appropriate word or phrase in order
to accomplish such intention.
Section 5. Severability. If any part of this ordinance is held to be invalid or unconstitutional
by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by
such holding and shall remain in full force and effect.
Section 6. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 7. Effective Date. This ordinance shall become effective upon adoption by the Board
of County Commissioners and filing with the Department of State.
This ordinance was advertised in the Indian River Press Journal on the 27th day of octoher
2016, for a public hearing to be held on the 8tnday of November, 2016, at which time it was
moved for adoption by Commissioner Flescher , seconded by
Commissioner zorc , and adopted by the following vote:
Chairman Bob Solari AYE
Vice -Chairman Joseph E. Flescher AYE
Commissioner Wesley S. Davis AYE
Commissioner Tim Zorc AYE
Commissioner Peter D. O'Bryan AYE
The Chairman thereupon declared the ordinance duly passed and adopted this 8th day of
November, 2016.
APPROVED AS TO FORM BOARD OF COUNTY COMMISSIONERS OF
AND LEGAL SUFFICIENCY INDIAN RIVER COUNTY, FLORIDA
BY
YLAN REINGOLD By: �--� ""•..
QgyNtY ATTOM IEY •• ti
Bob Solari, Chairman NO. '••.E
ATTEST: Jeffrey R. Smith, Clerk *s ••'
and Comptroller
By" c
Deputy' lel' `tiR!�'ERcnuNr:
EFFECTIVE DATE: This Ordinance was filed with the Department of State on the "=-day of
November, 2016.
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