HomeMy WebLinkAboutOrdinance_297_05/26/1981t , .~
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ORDINANCE NO. 2~'7
APJ ORDINANCE OF THE VILLAGE COUNCIL OF' THE
VILLAGE OF TEQUESTA, PALP~1 BEACH COUNTY, FLORIDA,
PROHIBITING THE USE OF TEQIJES`TA DRIVE AND COUNTRY
CLUB DRIVE WITHIN THE VILLAGE OF 'TEQUESTA BY
TRUCKS AND TRUCK TRACTORS IN EXCESS OF 5,000
POUNDS IN WEIGHT, TRACTOR CRAPJES, POv?ER SHOVELS,
WELL DRILLERS AND SIMILAR VEHICLES; PROVIDING
EXEMPTION; PROVIDING FOR ENFORCEMENT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, there exists an excessive amount of heavy truck
traffic on Tequesta Drive and Country Club Drive within the Village
of Tequesta; and
WHEREAS, it is apparent that a substantial percentage
of this truck traffic does not serve residents of the Village of
Tequesta but instead is construction traffic bound for areas outsidE
the jurisdictional limits of the Village; and
WHEREAS, other routes exist on which such traffic can
travel and the use of Tequesta Drive and Country Club Drive within
the Village of Tequesta is not necessary in most instances for
said trucks to reach a destination point outside the Village; and
G7HEREAS, the continued use, at the present rate, of
Tequesta Drive and Country Club Drive within the Village will
continue to cause rapid deterioration of said roads; and
WHEREAS, the excessive amount of heavy truck traffic on
Tequesta Drive and Country Club Drive within the Village presents
itself as a real danger to the public safety, health and welfare
of the residents of the Village of Tequesta and specifically the
residents abutting Tequesta Drive and County Club Drive within the
Village, which area is primarily residential in character; and
WHEREAS, Florida law provides specifically at F.S. 316.55`_
that local authorities may prescribe, by notice, limitations for
loads, wights and speed lirnits on roads within their jurisdiction,
when in the judgment of the local authority, the road may be
damaged or deteriorate by trucks and/or trailers in excess of a
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prescribed weight; and ~,..
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WHEREAS, under Florida Statute, Chapter 166, known
commonly as the municipal Home Rule Powers Act, municipalities
may be ordinance prescribe regulations within its jurisdiction
appropriate to protect the health, safety and welfare of its
residents.
NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, FLORIDA, as follows:
Section 1. Definitions.
Whenever in this Ordinance the following terms are used,
they shall have the meanings respectively ascribed to them in
this Section.
(a) "Anchorage Point, Pine Tree Drive, Point Drive and
Rio Vista Drive" - unincorporated pockets of Palm Beach County
within the chartered geographical boundaries of the Village of
Tequesta which have no other means of access other than by either
Tequesta Drive or Country Club Drive within the Village of Tequesta.
(b) "Bermuda Terrace" is the residential development,
in Palm Beach County outside the Village limits but adjacent to the
intersection of Tequesta Drive and Country Club Drive within the
Village.
(c) "East Tequesta Drive" is that portion of Tequesta
Drive lying east of its intersection with Old Dixie Highway.
(d) "Emergency Vehicle" - Police vehicles,-vehicles of
the fire department, ambulances, vehicles carrying a State, County
or P~unicipal officer or employee in response to an emergency call,
and emergency vehicles of public service corporations on an
emergency call.
(e) ""Gross Vehicle Weight" (GVU?) is the weight of a
truck tractor and semi-trailer combination, calculated by adding to
the net weight of the truck tractor the gross weight of the semi-
trailer.
(f) "Gross Weight" is the net weight of a veizicle plus
the weight of the load carried by such vehicle.
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(g) "Net Weight" is the actual scale weight of a vehicle
with complete catalog equipment.
(h) "Semi-trailer" is every vehicle without motive power
designed for carrying persons or property and for being drawn by a
motor vehicle and so constructed that some part of its weight and
of its load rests upon or is carried by another vehicle.
(i) "Tractor Cranes, Power Shovels and Well Drillers:
include all vehicles constructed and designed as a tool and not as
a hauling unit, used on the roods and highways incidental to the
purpose for which designed.
(j) "Trailer" is every vehicle without motive power
designed for carrying passengers or property and for being drawn
by a motor vehicle and so constructed t;1at no part of its weight
rests upon the towing vehicle.
(k) "Trucks" - Motor vehicles designed or used principal)
for carrying things other than passengers and include a motor
vehicle to which has been added a cabinet box platform, rack or
other equipment for the purpose of carrying merchandise other than
the person or effects of the passengers.
(1) "Truck Tractor" is every motor vehicle designed and
used primarily for drawing other vehicles and not so constructed
as to carry a load other than apart of the ~,aeight of the vehicle.
and load so drawn.
(m) "Vehicle" is every device in, upon or by which any
person or property is or may be transported or drawn upon a highway
except devices moving by human power or used exclusively upon
stationary rails or tracks.
(n) "West Tequesta Drive" is that portion of Tequesta
Drive lying west of its intersection with Old Dixie Highway.
Section 2. Trucks, Truck Tractors, Tractor Cranes, Power
Shovels and Well Drillers - Operation on Tequesta Drive and Countx
Club Drive Prohibited.
(a) From and after the effective date of this Ordinance,
and except as otherwise provided herein, it shall be unlawful for
any person, firm or corporation to drive, operate or cause to be
driven or operated, any truck (identified as a Tax Class Code 3rr
vehicle by the State of Florida, Department of Highway Safety and
Motor Vehicles, ,Division of F~iotor Vehicles, for Florida vehicle
registration purposes), or any truck tractor (identified as a Tax
Class Code 40, 41, 42, 43 or 44 vehicle by the State of Florida,
Department of Highway Safety and Pdotor Vehicles, Division of r~iotor
Vehicles, for Florida vehicle registration purposes) having either
a net weight, a gross weight, or a gross vehicle weight in excess
of 5,000 pounds, over, across or upon West Tequesta Drive or County;
Club Drive within the Village of Tequesta. For purposes of constru:
the provisions of this Section, a determination of vahether a truck
or truck tractor exceeds the maximum weight of 5,000 pounds shall be
by reference to the vehicle registration certificate for the vehiclE
or the metal plate fastened to the cab or door post of the vehicle,
or any other evidence showing the weight of the vehicle. Any combi-
nation of trucks, tractors, trailers, semi-trailers or other vehiclE
shall be construed as a single vehicle in determining whether such
combined unit exceeds the weight prohibited herein.
(b) From and after the effective date of this Ordinance,
and except as otherwise provided herein, it shall be held unlawful
for any person, firm or corporation to drive or operate, or cause
to be driven or operated any tractor cranes, power shovels, well
drillers or other such vehicles .upon West Tequesta Drive or Country
Club Drive within the Village of Tequesta.
Section 3. Exceptions.
This Ordinance shall not prohibit:
(a) The operation of trucks, truck tractors, tractor
cranes, power shovels and well drillers necessary for the purpose
of rendering services or collecting or discharging goods, wares,
merchandise or other articles at points abutting or adjacent to
P7est Tequesta Drive or Country Club Drive which points are located
within the Village limits of the Village of Tequesta, or to other
points within the corporate limits of the Village of Tequesta.
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(b) The operation of trucks, truck tractors, tractor cranes,
power shovels and well drillers on West Tequesta Drive and Country Club
Drive where necessary to reach points in Bermuda Terrace, Anchorage Point,
Pine Tree Drive, Point Drive and Rio Vista Drive, which have no other means
of access.
(c) The operation of emergency vehicles on Tequesta Drive and
Country Club Drive.
(d) The operation of trucks owned or operated by the Village,
its agents, representatives or employees when conducting work for or on
behalf of the Village, public utilities or any contractor or materialman,
while engaged in the repair, maintenance or construction of streets, street
improvements or street utilities within the Village.
(e) The operation of trucks owned or operated by any govern-
mental agency or franchised public service corporation, including but not
limited to trucks engaged in refuse and garbage collection, mail and parcel
post delivery and pickup.
Section 4. Special Provisions.
(a) East Tequesta Drive, Bridge Road and Old Dixie Highway
are hereby designated as routes-over and along which trucks, truck tractors,
tractor cranes, power shovels and well drillers coming into and going out
of the Village shall operate, and the Village Manager shall cause all such
truck routes to be clearly signposted.
(b) Any Village police officer shall have the authority to
require any person driving or in control of a truck or truck tractor,
tractor crane, power shovel or well driller to exhibit the vehicle regist-
ration certificate 'for the vehicle, or the metal plate fastened to the cab
or door post of the vehicle or any other evidence showing the weight of the
vehicle for the purpose of determining whether this Ordinance has been violated,
when said officer has reason to believe that a violation of this Ordinance
has occurred. Further, said officer shall have the authority to require any
such person to proceed to any public or private scale for the purpose of
weighing and determining whether or not the Ordinance has been violated.
(c) The Village Manager may, in his discretion and upon appli-
cation and good cause shown that the same is not contrary to the public
interest, issue special permits in writing authorizing the applicant to
operate or move a vehicle or combination of vehicles with a weight exceeding
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the maximum specified in this Ordinance, or otherwise not in conformity
with the provisions of this Ordinance, upon West Tequesta Drive and Country
Club Drive, in accordance with the terms and provisions governing the
issuance of such permits set forth in Section 316.550 of the Florida
Statutes, which are incorporated herein by reference.
Section 5. The Posting of Signs.
The Chief of Police is hereby authorized and directed to post
any and all signs on West Tequesta Drive and Country Club Drive deemed
necessary to effect the terms of this Ordinance.
Section 6. All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed. This Ordinance specifically
repeals Ordinances 246 and 287.
Section 7. Penalties.
Any person, firm or corporation violating any of the provisions
hereof shall, upon conviction thereof, be punished by a fine not exceeding
FIVE HUNDRED ($500.00) DOLARS or by imprisonment in the County Jail for a
period not to exceed six (6) months, or by both such fine and imprisonment
in the discretion of the Judge of the Circuit Court of Palm Beach County,
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Florida.
Section 8. Severability.
In the event of any section, subsection, term, provision or part
of this Ordinance being adjudicated by final judgment of any court of
competent jurisdiction to be invalid and unenforceable, then disregarding
the section, subsection, term, provision or part of this Ordinance as
adjudicated to be invalid or unenforceable, the remainder of this Ordinance,
and each and all of its terms and provisions not so adjudicated as invalid
or unenforceable shall remain in full force and effect, and each and all
of the sections, subsections, terms, provisions and parts of this Ordinance
are hereby declared to be severable and independent of each other.
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Section 9. Codification.
Permission to codify this Ordinance is hereby granted.
Section 10. Effective Date.
This Ordinance shall take effect upon its passage and
approval as provided by law.
THE FOREGOING ORDINANCE .was offered by Councilmember
Thomas J. Little who moved its adoption. The Ordinance
~ was seconded by Councilmember Carlton D. Stoddard and upon
being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
~~, Lee M Brown
Leslie A Cook
Thomas J. Little
~l.H. Mapes, Jr.
Carlton D;~ Stoddard
The Mayor thereupon declared the Ordinance duly passed
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and adopted this 26 day of p!~ay , 1981.
PIIAYOR OF TEQUESTA
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(ATTEST:
llage Cler