HomeMy WebLinkAboutO-2015-025 Creating Article VII Roadside Memorials of Ch. 22 Streets & Sidewalks ORDINANCE NO. 2015-025
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, CREATING ARTICLE VII "ROADSIDE MEMORIALS",
OF CHAPTER 22 "STREETS AND SIDEWALKS" OF THE CITY CODE OF
ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to provide for the placement of roadside
memorial markers on City streets in memory of those lost in accidents on the roadway; and
WHEREAS, Broward County allows for the placement of roadside memorial markers by
a local government within County right-of-way provided the local government has an ordinance
allowing the installation of roadside memorial markers on City streets; and
WHEREAS, the City Commission finds that adoption of this Ordinance through its
police powers is in the best interests of the residents of the City.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That Article VII to be entitled, "Roadside Memorials", of Chapter 22,
"Streets and Sidewalks", of the City of Dania Beach Code of Ordinances, is created to read as
follows:
Chapter 22—Streets and Sidewalks
Article VII—Roadside Memorials
Section 22-190. - Location. Roadside memorial markers within the City shall be permitted with
the following limitations:
(a) Roadside memorial markers are permitted only in locations where vehicular
fatalities have occurred and only within nonresidential areas.
(b) A roadside memorial marker may be located within the public right-of-way, but
shall not be located closer than five (5) feet from the edge of pavement or five (5)
feet from the edge of a sidewalk.
(c) There shall be no more than one (1) roadside memorial marker per accident in a
location where a death has occurred.
Section 22-191.—Application.
(a) Application for a roadside memorial marker shall be made to the Public Services
Director on such forms as the City may designate.
(b) Roadside memorial markers shall be permitted for an initial period of one (1) year
and may be renewed yearly upon reapplication.
Section 22-192.—Design,Installation and Maintenance.
(a) Roadside memorial markers shall be of a size and design determined by the City
and shall be procured and installed by City personnel after coordination with the
appropriate agency(ies) exercising authority over the subject right-of-way.
(b) More than one name may be placed on a single marker of a single accident.
(c) Flowers, wreaths, or other paraphernalia affixed to, or placed adjacent to or near,
the roadside memorial marker shall be subject to removal by the City at any time,
without notice, and will be discarded.
(d) Any roadside memorial marker found installed contrary to the provisions of this
section shall be removed by the City.
Section 2. That 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 portions of this Ordinance.
Section 3. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with the provisions of this Ordinance are repealed.
Section 4. That this Ordinance shall be in force and take effect immediately upon its
passage and adoption.
PASSED on first reading on October 27, 2015.
PASSED AND ADOPTED on second reading on November 10, 2015.
ATTEST: IS F► roar
LOUISE STILSON, CMC O A. SALVINO, SR.
CITY CLERK MAYOR
A� 1
APPROVED AS T O AND CORRECTNESS:
THOMAS J. AN BR
CITY ATTORNEY
2 ORDINANCE#2015-025