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HomeMy WebLinkAboutOrdinance_310_04/13/1982• • ORDINANCE NO. 310 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, PROMULGATING AND ADOPTING RULES RELATING TO THE GRATdTING OR DENIAL OF SPECIAL PERMITS FOR THE OPERATION OF TRUCKS ON TEQUESTA DRIVE AND COUNTRY CLUB DRIVE WITiiIid THE VILLAGE ; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance 297 of the Village of Tequesta, ~~,Florida, establishes certain restrictions relating to the weight lof trucks traveling upon certain roads within the Village of Tequesta; and WHEREAS, Ordinance 297 and Florida Statute 316.550 provide that a local authority may, in its discretion and upon good cause shown that the same is not contrary to the public interest, issue special permits in writing authorizing the applicant to move a vehicle or vehicles, not in conformity with the Ordinance, upon the streets upon which said vehicles are (restricted; and WHEREAS, Ordinance 297 of the Village of Tequesta divests to the Village Manager the authority to issue or deny special permits; and WHEREAS, the Village of Tequesta is authorized by Florida Statute 316.550 and Ordinance 297 to promulgate rules and regulations concerning the issuance of such permits and to charge a fee therefor, and wtlich rules and regulations shall have the force and effect of law. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, as follows: Section 1. Ordinance 297 of the Village of Tequesta is hereby amended to provide for and include therein these rules and regulations concerning the issuance of permits. Section 2. The .following information shall be provided with each application for a special permit wherein an applicant . ,. s • (requests authorization to operate or move vehicles with a weight exceeding the maximum specified in Ordinance 297 on Tequesta Drive 'land Country Club Drive within the Village of Tequesta. A. ~1ame, address and telephone number of the applicant. B. The business of the applicant, if appli- cable, under which said permit shall operate. C. Type of delivery or service provided. D. Vehicle Destination Point. E. Description of vehicle to be used including, but not limited to, tag number and registration number of vehicle. F. Vehicle net weight and vehicle tax class code and vehicle gross weight. G. Description and approximate weight of load. H. Roads for which permit is requested. I. Time period and frequency of use for which permit is requested. J. Permit Fee. K. Reason for permit. Section 3. Permits shall be issued by the Village P2anager upon receipt of an application containing the information set forth above, where good cause is shown and where the granting of a permit is not contrary to the public interest, under the following conditions. A. That a showing is made that access to the destination point is not available other than by use of the restricted street or streets. E. That the shortest possible route along streets restricted under Ordinance 297 be used to reach and depart from the destination point. C. Trucks engaged in delivering goods or services to destination points within the Village of Tequesta may be permitted to make concurrent deliveries of goods or services to destination points outside the corporate limits of the Village which deliveries are part of the same trip. Such trucks engaged in making concurrent deli- veries to the area known as Turtle Creek shall not be subject to the provisions of Subparagraph B in this Section. D. The permit shall be valid only between the hours of 7:00 A.D4. and 6:00 P.~~. on weekdays • • and between the hours of 8:00 A.M. to 12:00 Noon on Saturdays and Sundays. E. That residential permits may be issued in accordance with the terms set forth herein to owners of vehicles in excess of the maximum weight prescribed by Ordinance 297, where said owner is a resident at the destination point requiring the use of restricted streets and where said vehicle is maintained at said residence and is for the personal transportaion of said owner or his family for use to and from his residence. Said permits shall not be bound by the time limitations set forth in Para- graph "D" above. F. Permits may be issued on a daily, weekly, monthly or annual basis subject to the fee schedule set forth below. The Village Manager shall have the authority to deter- mine the length of the permit, based upon the information provided by the applicant. Daily $10.00 E•~eekly 15.00 Monthly 25.00 Annual 50.00 G. Special conditions for the operation of vehicles under any permit issued hereunder, aimed at providing for the public safety and welfare of the residents of the Village of Tequesta and the users of the restricted streets, may be provided by the Village Manager and the applicant shall operate under the permit in accordance with the terms of said special conditions. Section 4. Applicants and users of permits issued under Section 3 above shall conform to the following requirements. A. The permit shall be carried in the vehicle or vehicles to which it refers and shall be open to inspection by any police officer or authorized agent of the Village of Tequesta. B. Permit users shall abide by all ordinances and regulations of the Village of Tequesta, the State of Florida and the special condi- tions of the permit under which they operate which laws relate to the operation of said vehicle within the corporate limits of the Village of Tequesta. A violation of said laws, regulations or conditions shall subject a permit user or applicant to revocation of said permit by the Village Manager. C. Revo}ced permits may only be renewed by application to the Village Council which may consider the renewal of said applica- tion for good cause shown and upon being satisfied that the applicant will abide by and conform to the conditions of the permit and the laws of the State of Florida and the Village of Tequesta. .~~, i~ • • Section 5. Resolution i1o. 5-81/82 and Resolution P3o.10-81 are hereby repealed. Section 6. In the event that any section, subsection, clause, sentence or provision is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. Section 7. Permission to codify this Ordinance is hereby granted. Section 8. This Ordinance shall take effect upon its passage and approval as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember Stoddard who moved its adoption. The Ordinance was seconded by Councilmember Little and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Carlton D. Stoddard Lee P1. Brown Thomas J. Little Thomas J. Beddow W. H. Mapes, Jr. ii The "4ayor thereupon declared the Ordinance duly passed and adopted thisl3th day of April 1982. 'MAYOR OF TEQUESTA --- -~i//. ~'~.~-nom ATTEST: J V' lage Clerk