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 (M.R.E.)
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. 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.
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
