HomeMy WebLinkAboutResolution_05-81/82_10/27/1981 •
RESOLUTION NO.
A RESOLUTION OF THE VILLAGE COUNCIL
OF THE VILLAGE OF TEQUESTA, FLORIDA,
PROMULGATING AND ADOPTING RULES
RELATING TO THE GRANTING OR DENIAL
OF SPECIAL PEP21ITS FOR THE OPERATION
OF TRUCKS ON TEQUESTA DRIVE AND
COUNTRY CLUB DRIVE WITHIN THE VILLAGE.
WHEREAS, Ordinance 297 of the Village of Tequesta,
Florida, establishes certain restrictions relating to the weight
of 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 which 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 . The following information shall be provided
with each application for a special permit wherein an applicant
requests authorization to operate or move vehicles with a weight
exceeding the maximum specified in Ordinance 297 on Tequesta Drive
and Country Club Drive within the Village of Tequesta.
A. Name, address and telephone number
of the applicant.
B. The business of the applicant, if
applicable, 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 2 . Permits shall be issued by the Village
Manager 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.
B. 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 out-
side the corporate limits of the Village
which deliveries are in fact part of the
same trip.
D. That permits shall be valid only between
the hours of 8:00 and 10:00 a.m. and
3 :00 and 5 :00 p.m. on weekdays and
between the hours of 8 :00 and 10 :00 a.m.
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 vehible is maintained at
said residence and is for the personal
transportation of said owner of his family
for use to and from his residence. Said
permits shall not be bound by the time
limitations set forth in Paragraph "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 determine the length of the permit,
based upon the information provided by
the applicant.
Daily $10.00
Weekly 15.00
Monthly 25.00
Annual 50.00
G. Any truck engaged in the construction or
modification of dwelling units or structures
within the area in Martin County known as
Turtle Creek shall not be entitled to a
permit as access exists to said facility
by way of a construction gate located
outside the corporate limits of the
Village of Tequesta.
H. Special conditions for the operation
of vehicles under any permit issued
hereunder, aimed at providing for the
public safety and welfare of the resi-
dents 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 3 . Applicants and users of permits issued under
Section 2 above shall conform to the following requirements.
A. The permit shall be carried in the
vehicle 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 conditions
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.
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C. Revoked 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.
Section 4 . In the event that any section, subsection,
clause, sentence or provision is held invalid, the remainder of
this Resolution and Ordinance to which it pertains shall not be
affected by such invalidity.
THE FOREGOING RESOLUTION was offered by Councilmember
Stoddard , who moved its adoption. The Resolution
was seconded by Councilmember Brown and upon
being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
Lee M. Brown
Thomas J. Little
W. H. Mapes, Jr,
Carlton D. Stoddard
The Mayor thereupon declared the Resolution duly passed
and adopted this 27t hday of October 1981.
MAYOR OF TEQUESTA
./
V
ATTEST:
A,
Village Clerk