Speeding, Signage, CV Traffic Control and the Law
There is some interesting discussion in the BLOG about speeding busses, Signage specification and the legality of Traffic Control in our Village.
I have done some research on these issues and as always, if there is intent to do something Legally and correctly it is straight forward.
As always There are specific steps to follow; following is a Template which can get us there.
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In short it goes like this:
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1) Place a Motion before the County Commission
2) Sign an agreement with the Sherriff (not an AD-HOC arrangement)
3) Re-do all Signage in CV to be legal
First we must drop all the nonsense about who owns what roads and the Private Property issues; the Law provides specifically for these issues and we can have Legal enforcement of traffic regulations on ALL roads in CV, not just on the Ring road; so please read the following and let your voices be heard:
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Let’s start with Florida Statutes: (The LAW)
Title: XXIII (Motor Vehicles)
Chapter 316 : State Uniform Traffic Control
FS 316.006 (Jurisdiction)
REF:
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3) COUNTIES.
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(a) Counties shall have original jurisdiction over all streets and highways located within their boundaries, except all state roads and those streets and highways specified in subsection (2), and may place and maintain such traffic control devices which conform to the manual and specifications of the Department of Transportation upon all streets and highways under their original jurisdiction as they shall deem necessary to indicate and to carry out the provisions of this chapter or to regulate, warn, or guide traffic.
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(b) A county may exercise jurisdiction over any private road or roads, or over any limited access road or roads owned or controlled by a special district, located in the unincorporated area within its boundaries if the county and party or parties owning or controlling such road or roads provide, by written agreement approved by the governing body of the county, for county traffic control jurisdiction over the road or roads encompassed by such agreement. Pursuant thereto:
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1. Provision for reimbursement for actual costs of traffic control and enforcement and for liability insurance and indemnification by the party or parties, and such other terms as are mutually agreeable, may be included in such an agreement.
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2. Prior to entering into an agreement which provides for enforcement of the traffic laws of the state over a private road or roads, or over any limited access road or roads owned or controlled by a special district, the governing body of the county shall consult with the sheriff. No such agreement shall take effect prior to October 1, the beginning of the county fiscal year, unless this requirement is waived in writing by the sheriff.
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3. The exercise of jurisdiction provided for herein shall be in addition to jurisdictional authority presently exercised by counties under law, and nothing in this paragraph shall be construed to limit or remove any such jurisdictional authority.
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4. Any such agreement may provide for the installation of multiparty stop signs by the parties controlling the roads covered by the agreement if a determination is made by such parties that the signage will enhance traffic safety. Multiparty stop signs must conform to the manual and specifications of the Department of Transportation; however, minimum traffic volumes may not be required for the installation of such signage. Enforcement for the signs shall be as provided in s. 316.123.
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The first step to making this happen is to place a motion before the County Commission. Following is an example which was accomplished by another community:
Please read the entire document, not just the extract; Note the Consultation with the Sherriff’s office
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REF: http://www.pbcgov.com/pubInf/Agenda/20070227/3c19.pdf
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Agenda Item #: 3-C-19
PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 27,2007 [X] Consent [ ] Regular
[ ] Workshop [ 1 Public Hearing
Department:
Submitted By: Engineering & Public Works
Submitted For: Traffic Division
I. EXECUTIVE BRIEF
Motion and Title: Staff recommends motion to approve: An Agreement with Mizner's Preserve Homeowners Association Incorporated (Community) for traffic control jurisdiction to be performed by the Sheriff’s Office.
Summary: This Agreement authorizes the Palm Beach County Sheriffs Office to provide traffic control enforcement services within the above-referenced private residential community.
District: 5
Background and Justification: Section 316.006, Florida Statutes, provides that the County may exercise traffic control jurisdiction over private roads by written Agreement after consultation with the Palm Beach County Sheriff’s Office. The community wishes to contract with the County for performance of law enforcement services and functions relating to traffic control within its boundaries in Palm Beach County, Florida. The community desires to have the Sheriff and his deputies control traffic upon its roadways. This will be provided at the discretion of the Sheriff.
Attachments:
1. Location Sketch
2. Agreements with Exhibits A, B, C (3)
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As noted in the Statute above, we must make Signage throughout the Village legal:
This is easy to do as signage specification and placement data is mandated by Palm Beach County Traffic Division as follows:
REF: http://www.pbcgov.com/engineering/traffic/pavement_markings_signing_geometrics/pdf/pmt08.pdf
So, let’s drop the AD-HOC approach and do the right thing.
Dave Israel
Friday, January 9, 2009
TRAFFIC CONTROL IN CENTURY VILLAGE
(M.R.E.)
Should the community desire deputies to be situated in its development at times outside normal hours, the community understands that a separate contract must be executed with the Palm Beach County Sheriff’s Office for additional services and that the community will be invoiced by the Sheriffs Office for such additional services.
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13 comments:
As usual, David, your research is comprehensive as is your template for positive action in this matter. There can be no greater mission for UCO than to enhance, preserve and protect the safety and peace of mind of our residents.
Only one problem; UCO can't sign an agreement with the sherrif because UCO has no legal officers. George says UCO is an advisory group only.
UCO BYLAWS
ARTICLE III "PURPSES"
PARAGRAPH G
"To negotiate on behalf of its members in matters of common interest".
UCO is a voluntary organization whereas membership in this organization is not a mandatory condition of unit ownership. This fact does not preclude UCO from exercising its legal authority to enter into contracts and negotiations which must be approved by the Board of Administration (Delegate Assembly) to have full force and effect. The Officers of UCO are officers of a legal not-for-profit corporation in the State of Florida. Anonymous 10:30, I would gratly appreciate any documentation or legal references which support your position that UCO is an unlawful entity and that the Officers thereof are not duly constituted officers of this corporation.
Randall:
Stop refering to the by-laws as THE LAW. As per Black's Law Dictionary
" Although the bylaws may be an organization's most authoritative governing document, they are subordinate to the articles of incorporation..."
The Articles of Incorporation of United Civic Organization Inc., filed with the Secretary of State, Tallahasse, Florida, on May 13, 1982 states in Article V MEMBERS,
"The members of UCO shall consist of all those condominium unit ownwers in Century Village, West Palm Beach, Florida, who " WISH " to become members ...."
Unless UCO can produce signed membership documents by each and every unit owner, UCO has not satisfied their Articles of Incorporation.
ps.when did you take the Florida Bar? And did you pass it.
David, thank you for having done some research on the traffic control problem. Over 2 years ago, Randall Bourchard was informed by me that the stop signs in the village, sitting at " half-mast " were not legal. Shortly after George Loewenstein's first election, I informed him after a delegate meeting that the signs were not legal. He stated to me to give him time , that he had just been elected.
My point is...in all this time, nothing was ever done.I hope you have more luck and that the people in the village will finally insist , for the safety of all,
that your advice is followed.
Rosa J. Flum
Anonymous 3:03
Your excerpt from the Articles of Incorporation of UCO are well taken, and well hashed out over the years, but it is the condo associations(through a vote of the Delegates, and not through -in most cases- unit owner votes at a membership meeting) which permits UCO to bind this Village in contractual relations with private and public entities. If a unit owner who does not 'wish' to be a member of UCO, deducts the UCO dues from his/her monthly assessments, the association has the right to lien for delinquency. The budget of each association is determined by the Board of each association, absent the requirement of a majority vote of unit owners to waive or reduce reserve funding. I agree that UCO has no power to legally enforce the dues payments by each association should they wish to withdraw from UCO. UCO would have to make up the shortfall in such an event. Getting back to the main point, UCO being a voluntary organization, it still has the legal right to enter into contracts in the best interests of the Village.
I do not have a licence to practice law as you have clearly noted, but I do rely on past legal opinions from UCO's attorney in this and many other matters.
I believe that your logic on the 'wish to be members' provision in the Articles requiring 100% unit owner approval in order for UCO to enter contractual relationships for the overall benefit of the Village, is flawed and quite inaccurate.
Randall
What does your comment have to do with traffic control?
Howard,
A statement was made by anonymous 10:30 that "UCO can't sign an agreement with the sheriff because UCO has no legal officers" and Rosa Flums long time assertions that UCO does not have legal authority because they are a voluntary organization composed of unit owners not all of whom "wish" to be members(and therefore are not?)is the reason for my comment. I must note that Rosa has, over the years, presented many valid weaknesses in our organization to her merit.
The ability of UCO to request the placement of a motion regarding traffic enforcement in the Village, on the Board of County Commissioners calendar, would require that UCO is a legal entity (which a few owners dispute), are the legal owners of the perimeter roads, and have the power and authority to enter into a contractural agreement with the Sherriff for patrol and traffic enforcement. The joinder of the a supermajority of condo associations in the Village would probably be required to extend enforcement to the private condo owned roads.
Now we are into traffic and/or
signs, we do have plenty of what others may say time on our hands?
I don't know who's jurisdiction it is or if legal or not however
order and safety we all understand is non-debateable, that we all should agree on. As for the signs,
the only one that I dislike seeing
is can you guess? the one sign with the wording on it an it's this
DEAD
END
I will yield to that one!
randall, finish quoting article 111 of the uco by-laws and you will see that there are only 5 matters of common interest that uco has the right to negotiate for this village.
1. transportation
2.cable
3. insurance
4. ambulance
5.security.
So I guess according to your posting, UCO can't enter an enforcement contract with the Palm Beach County Sheriff to patrol and enforce traffic violations on property it owns? UCO enters into many contracts for services outside of the five basic matters you've listed. Annual accounting audits, landscaping, roadway restoration are but only a few other matters which UCO contracts for services.
All illegally.
Dave...What's happening to the BLOG???? No new info since January 9th...How come??? For instance what's happening with the cable? I'm a little disappointed that nothing has been written to keep us updated about cable goings on.
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