HomeMy WebLinkAboutOrdinance_09-10_09/09/2010 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
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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 Tequesta 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
bridge. 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 Tequesta 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
towing or drawing 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.
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(5) The operation of motor vehicles and trailers utilized by the Village's solid
waste and refuse franchisee.
Sec. 46 -142. Posting of signs.
The chief of police is hereby authorized and directed to post any and all signs on
Tequesta 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.
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Upon Second Reading this 9 day of September 2010, the foregoing Ordinance was
offered by Council Member Turnquest who moved its adoption. The motion was
seconded by Council Member Humpage and upon being put to a vote, the vote was as
follows:
For Adoption Against Adoption
Mayor Pat Watkins X
Vice -Mayor Tom Paterno X
Council Member Vince Arena X
Council Member Jim Humpage X
Council Member Calvin Tumquest X
The Mayor thereupon declared the Ordinance duly passed and adopted this 9 day of
September, 2010.
MAYOR OF TEQUESTA
Pat Watkins
ATTEST:
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Lori McWilliams, CMC
Village Clerk 1 NCORPOR ED ��,� . ;
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