- October 11, 2024
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Volusia County now has its own "stupid motorist" ordinance.
The Volusia County Council on Tuesday, June 20, approved the creation of an ordinance — to be enacted during declared local states of emergencies — that prohibits motorists from driving around a barricade to enter a flooded street.
Those who violate the ordinance could face a second-degree misdemeanor charge with a fine of up to $500, and/or imprisonment in the county jail for up to 60 days, according to a county staff summary of the agenda item.
County Councilman Danny Robins had suggested the ordinance during a March 7 meeting. He was inspired by Arizona's "stupid motorist" law, hoping that Volusia's ordinance would also deter people from driving in floodwaters during storms, which can place first responders in dangerous situations to rescue them.
County Council Chair Jeff Brower said his only question concerned whether the ordinance would impact residents who lived on flooded streets.
Assistant County Attorney Russ Brown said that those circumstances would be taken into consideration, and residents of affected streets would be allowed to enter and exit their homes safely.
"If a roadway is actually flooded — like the barricades have been put up and it's closed — this is the dangerous situation this is trying to prevent," Brown said.
During the first 48 hours of Hurricane Ian last year, the Volusia Sheriff's Office Communication Center received 11,954 calls, according to data supplied to the county.
Of those, 10,961 were requests for law enforcement, an ambulance or animal services. There were more than 1,000 high water rescue requests.
Police chiefs in the cities of Edgewater, New Smyrna Beach, Port Orange and Daytona Beach submitted letters of support for the ordinance.
In a May 8 letter to Sheriff Mike Chitwood and the police chiefs of Edgewater, New Smyrna and Port Orange, Robins wrote that he kept track of their agencies' social media posts and their pleas to the public to stay off flooded roads during Hurricanes Ian and Nicole.
"Years ago it was an issue when I worked the road in Daytona Beach, and it most likely will always be an issue," he wrote. "My goal is to make your jobs a little easier, and, like you, enhance public safety and protect private/public property."
Councilman Jake Johansson said at the meeting that he was initially skeptical of the ordinance, but changed his perspective after hearing about a recent incident in which an Escambia County deputy was sucked into a storm drain while trying to help a motorist stuck in a flooded area.
Both the deputy and the motorist were underwater for 30 seconds before resurfacing.
"Being a whitewater rafter and whatnot, I've seen people who've tipped their kayaks over and get caught underneath a tree," he said. "... I don't want that to happen anyway in Volusia County, so hopefully we can stop the madness."
