O-2008-3060 amend Ch 70/traversing flooded streets at unreasonable speeds with a vehicle

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REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: Januarv 14. 2008 Requested By: Wayne J. sM / Source of Funds: NA Account Number: NA Department: Plannin2 Amount Budgeted: NA Report: _Resolution: _Ordinance:_ X Exhibits: Ordinance SUMMARY The Flooding and Drainage Committee, at their December 3,2007, meeting directed Staff to create an ordinance to establish a violation and a fine for persons driving during a storm and flood conditions in such a manner that causes water to enter structures by wakes being created by excessive speeds. Staff researched various cities and found a suitable example from the City of Neptune Beach, Florida. Upon review of the sample ordinance, the Committee modified the content to a less lenient version by eliminating the chances of a third offense with an escalating fine structure and recommended that the fines be reviewed to make the punishment commensurate with the act. The Committee, at the January 7, 2008, meeting recommended the ordinance be forwarded to City Council for consideration. In coordination with the City Attorney's office, the attached ordinance: . Defines flooded streets as any instance where both the curb and crown of a road, street or other improved right-of-way (ROW) are under water from ROW line to ROW line or where any road, street, alley, easement, right-of-way, or other pathway, regardless of whether equipped with curbs and gutters or otherwise improved, is in such condition due to inundation of water that it potentially increases possibility of damage by flooding to surrounding property or premises." . Establishes that traversing a flooded street (given the above definition) with an automobile, truck, boat or other vehicle or vessel at such a speed as to create a wake therein that causes damage or increased flooding to a property or premises adjoining such flooded Street or Streets as unlawful (except under rescue conditions or when protecting public safety). . Establishes the violation as a class C misdemeanor and upon conviction, a fine not exceeding $500. . Amends Appendix B "Fines" to add the new fine for the violation. It is further recommended that the offense be made a criminal rather than a civil offense for ease of enforcement and prosecution. The method of enforcement will be coordinated by the Police Department. A public hearing is not required. Action Required by Council: Approve an ordinance amending Chapter 70 "Traflic and VehIcles" of the Code of . ances and Appendix B "Fines" establishing rules for traversing flooded streets with vehicles. Ron Bottoms, City Manager \