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HomeMy WebLinkAboutDocumentaton_Regular_Tab 04_09/09/2010 VILLAGE OF TEQUr :- AGENDA ITEM TRANSMIT , amended from 1st Reading 4 1. VILLAGE COUNCIL MEETING: Meeting Date: Meeting Type: Regular Ordinance #: 9 -10 8/5/10 Consent Agenda: No Resolution #: Click here to enter text. Originating Department: Village Manager 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Ordinance 9 -10, First Reading, Amending Chapter 46 Motor Vehicles and Traffic by Creating an Entirely New Article VI Tequesta Drive Bridge; Providing Regulations Regarding Prohibited Vehicles on the Tequesta Drive Bridge; Providing Exceptions; Providing for the Posting of Traffic Signs 3. BUDGET / FINANCIAL IMPACT: Account #: Click here to enter text. Amount of this item: Click here to enter text. Current Budgeted Amount Available: Amount Remaining after item: Click here to enter text. Click here to enter text Budget Transfer Required: Choose an Appropriate Fund Balance: Choose an item. 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) 5. APPROVALS: Dept. Head: Finance Director: ❑ Reviewed for Financial Rmfficiency No Financial Impact Attorney: (for legal sufficiency) Yes ❑ No ❑ Village Manager: • SUBMIT FOR COUNCIL DISCUSSION: Ef • APPROVE ITEM: ❑ • DENY ITEM: ❑ Form amended 08126/08 ORDINANCE NO. 9-10 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 46. MOTOR VEHICLES AND TRAFFIC. BY CREATING AN ENTIRELY NEW ARTICLE VI. TEQUESTA DRIVE BRIDGE; PROVIDING REGULATIONS REGARDING PROHIBITED VEHICLES ON THE TEQUESTA DRIVE BRIDGE; PROVIDING EXCEPTIONS; PROVIDING FOR THE POSTING OF TRAFFIC SIGNS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB - SECTION OF CHAPTER 46. MOTOR VEHICLES AND TRAFFIC. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, an entirely new Tequesta Drive bridge is being constructed; and WHEREAS, funding for the new Tequesta Drive bridge includes federal stimulus monies, the acceptance of which required, among other things, that the Village agree to the perpetual maintenance of the new bridge; and WHEREAS, as part of its bridge maintenance responsibilities, the Village Council desires to impose reasonable vehicular traffic regulations on the new Tequesta Drive bridge in order to protect the structural integrity of the bridge and extend the lifespan of the bridge as long as possible; and WHEREAS, the Village Council believes the code amendments contained in this ordinance will effectuate the desire of the Village Council to provide the required maintenance for the new Tequesta Drive bridge and will be in the best interests of the Citizens of the Village of Tequesta. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1 : Chapter 46. Motor Vehicles and Traffic. of the Code of Ordinances of the Village of Tequesta is hereby amended by creating an entirely new Article VI. Tequesta Drive Bridge. providing regulations regarding prohibited vehicles on the 1 Tequesta Drive bridge; providing exceptions; providing for the posting of traffic signs; providing that Article VI. Tequesta Drive Bridge. shall hereafter read as follows: Secs. 46 -124 — 46 -139. Reserved. ARTICLE VI. TEQUESTA DRIVE BRIDGE Sec. 46-140, Operation of certain vehicles prohibited on Teguesta Drive bridge. Except as otherwise provided in this article, it shall be unlawful for any -person to drive, operate or cause to be driven or operated any single motor vehicle (as defined in Sec. 46 -91) equipped with more than two (2) axles upon or across the Tequesta Drive bridae. In addition, except as otherwise provided in this article, it shall be unlawful for any person to draw or tow. or cause to be drawn or towed. any trailer (as defined in Sec. 46 -31) equipped with more than one (1) axle upon or across the Tequesta Drive bridge. Any person found to be in violation of the provisions of this chapter shall upon citation, be required to pay a fine in the amount set by resolution of the Village Council . which amount may be amended from time to time. This entire chapter of the Code of Ordinances may also be enforced by any means allowed by law. Sec. 46 -141. Exceptions. This article shall not prohibit: (1) The operation of emergency vehicles with more than two (2) axles (including trailers with more than two (2) axles) on the Teguesta Drive bridge. (2) The operation of motor vehicles with more than two (2) axles and /or the towing or drawing of trailers with more than two (2) axles owned or operated by the village, its agents, representatives or employees on the Tequesta Drive bridge. (3) The operation of motor vehicles with more than two (2) axles and /or the towina or drawina of trailers with more than two (2) axles owned or operated by any governmental agency. (4) The towing or drawing of a tandem axle boat trailer. 2 (5) The operation of motor vehicles and trailers utilized by the Village's solid waste and refuse franchisee. Sec. 46 -142. Postina of sians. The chief of police is hereby authorized and directed to post any and all signs on Teauesta Drive deemed necessary to effect the terms of this article. Section 2: Each and every other section and subsection of Chapter 46. Motor Vehicles and Traffic. shall remain in full force and effect as previously enacted. Section 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 4 : Should any Section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 5: Specific authority is hereby granted to codify this Ordinance. Section 6 : This Ordinance shall become effective immediately upon passage. 3