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HomeMy WebLinkAboutDocumentation_Regular_Tab 09A_04/28/1994 � � _ . �' � VILLAGE OF TEQUESTA ; � Post Office Box 3273 • 357 Tcquesta Drivc � � Tcyucsta, Florid:a 33469-0273 • (407) 575-6200 > - � % Fax: (40?) 575-6203 a � . � � � CO��� � ll � l.�Ol�l��LVl•1• TO: Village Council 1''�� FROM: =homas G. Bradford, Village Manager /��` / DATE: hpril 7, 1994 SUBJECT: Thru Truck Permit Ordinance; Fee Amendment; Agenda Item On March 2, 1994, the Public Safety Committee reviewed the Thru Truck Permit Ordinance of the Village of Tequesta. The Committee recommended that the Ordinance be left as is, except for amending the current fees for acquiring necessary permits for thru trucks. The CoT�nittee recommended that all fees be increased by 50$, since the last increase was estimated to have -been in 1982. Additionally, the Committee recommended that the Village Manager review the annual permit and consider increasing the same in an amount greater than 50� . I have done this and have recommended the annual permit fee be increased to $200, as e�lained in the attached correspondence addressed to the Village Attorney relative to this matter. It is recommended that the Village Council approve this Ordinance on first reading. TGB/krb Attachment Kr''���It�d P:7th'r . VILLAGE OF TEQUESTA s � �t • Potit (�(f��c R��� Z'_'7z '�57 Tcqua�ta Dnvc ��'�� icyu��ta. "rl��n�l.► .i �-3t�')-U�7 3 • (107) 575-6��X1 : � — ,�� Fax: (�0 � 575 i �o �� ` . �M f�VM Marc� 7, '_994 Johr. C. Randolp :, Esq. Jones, Foster, ,7ohnston & Stubbs P.O. Box 3475 West Pa�m Beach, Florida 33402-3475 RE: Truck Permit Ordinance Amendment Dear Skip: As you know, the Public Safety Committee, at their meeting on March 2, 1994, recommended that Section 11.5-13.1(b)(6) be amended to increase the permit fees. The recommendation was to increase the daily, weekly and monthly fees by 50$ and to review the annual fee for the purpose of considering an increase greater than 50�. Therefore, the daily fee should be amended to be $15.00, the weekly to be $22.50 and the monthly to be $37.50. I believe the annual fee should be increased by 400� to $200. This is justified by the following. On an annualized basis, the weekly fee is 21$ of the daily fee on an annualized basis. On an annualized basis, the monthly fee is 38� of the weekly fee on an annualized basis. If this same annualized "spread" is extended to the annual fee vs. the monthly fee on ar. annua'_ized basis (.38 - .21 = .17) therefore, (.38 + .17 _.55) we can justify the annual fee being 55$ of the monthly fee on an annualized basis, or $247.50. Therefore, we can justify a 495$ increase in the annual fee and I am recommending a 400$ increase to $200 for an annual permit. Piease prepare an Ordinance to amend the above referenced Section of the Tequesta Code so that the permit fees will be increased as indicated herein. This requested Ordinance will be scheduled for first reading at the Villaqe Council Meeting tentatively scheduled for April 14, 1994. Therefore, please provide me with the Ordinance by April 7, 1994, so that it can be distributed with agenda packets on April 8. ,• �_ . Page 2— Should you have any questions rega�ding this request, olease contac� me. Since�e'_y, �' �-- �G � Thomas G. Bradfo�d Village Manager TGB/krb JONES, FOSTER, JOHNSTON & STUBBS, P. A. ATTORNEYi ANO OOU1�8EtORi FIAOIER CENTER TOWER �.�" . � n� b06 SOUTN FV�t3lER Di�VE � • ELEVENTH fLOOR j \, � � �ti�� {./.�iR� 8 ALE%AMDEA Jd�N 6LAIH MOCRACKEN P. O. BOX .747a (�, �✓ ,+�� A �� OC. ,, ��/ f k�EMTHAI y cor�EN J �ucN+� scorT � A1cNULLEN VYEST PALM BEACH, FIOHIDA SJ�02-�475 �, 1 �+ T � ��''� 7TUrEY BIAOIOTTI .10��N C. RAMOOLPM �� 5 � . ,, 0 � / C 11�5 1 Jp1lyTpq .C`'CE A CONwAV JONN C AAU � GO � NyNp MAxARET L. COOPEN AHDnEw �088 FAX: {407}E32•146� EDw�7D DiAZ 97EVEN J AOTFIMAN :(; � ��, .�C7ME9 7M REe=�GAG OCAh= PE:E9 A $ACH9 � � � �� �•• � •� � -rM0 C�F S'OPMEP 9 OcKE 0 CUIVEF 9417N m � 5.:�� G NAWK,N� S�OME� A 9TU8&S. JA �''� � � �� � C � Tr�OQNTON M NE!+A� ALIEN H. 70Y1iN30N ~�� \(� �� �� cEtEA 9 HOl'^N JONN 4 �RIMVFR � r- 7 '��� M/�K B. KLE�N�EL� MICMAEL � WAL9N WRITER'S OIRECT IINE: _ � O� ' �/` ���� �� YIC�!AEL T KPAMZ � H ACAM9 WEAVER . 1 t� ` � /% ,\ r , I pF COU�9f L � ��41I.R"�N [ _/�MAGA4 F � I � \�,, ., March 21, 1994 Mr. Thomas G. Bradford Village Manager Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469 RE: Village of Tequesta Truck Permit Ordinance Amendment Our File No. 13153.1 Dear Tom: Pursuant to your letter of March 7, 1994, we have amended Section 11.5-13.1(bj(6) of the Village Code of Ordinances so as to amend _ the permit fees as specified in your letter. Sincerely, JONES, O TER, JOHNSTON & STUBBS, P.A. i ' n : Randolph JCR/ssm Enclosure ORDIDtANCE xo, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 11.5 RELATING TO MOTOR VEHICLES AND TRAFFIC AT ARTICLE II, OPERATION OF HEAVY TRUCKS, SECTION 11.5- 13.1(b)(6) SO AS TO INCREASE THE PERMIT FEES; PROVIDZNG FOR SEVERA.BILITY; PROVIDING FOR REPEAL OF ORDINANCES ZN CONFLZCT; PROVIDING FOR CODIFZCATION; PROVZDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. Chapter 11.5, relating to Motor Vehicles and Traffic, of the Code of Ordinances of the Village of Tequesta is hereby amended at Section 11.5-13.1(b)(b) to read as follows: "(6) 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 . . . . . . . . . . . . . . . . . . $ 15.00 Weekly . . . . . . . . . . . . . . . . . . . 22.50 Monthly . . . . . . . . . . . . . . . . . . 37.50 Annua l . . . . . . . . . . . . . . . . . . . 200 . 00" Section 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conf lict. All other ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Villaqe , of Tequesta. Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. • THE FOREGOZNG ORDINANCE was offered by Councilmember , who moved its adoption. The Ordinance was seconded by Councilmember and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAZNST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1994. MAYOR OF TEQUESTA Ron T. Mackail ATTEST: Village Clerk --__- - - ----- _ _ . ._ JCR\137530R0\TRUCK.PER 2 � . . � Chapccr 11.� MOTOR �"EHICLES AND TR.AFFIC p, I. In General. 44 11.5-1-11.5- �-:. II. OperationofHea�-�'o.I`rut� atc.§§r11.5-2011§S•215 i1-11.5�i9 prt. III. ParkinQ, StoppinQ Q, ARTICLE I. IN GENERAL Secae ll.b-1-11.6-10. Reserved. ARTI�LE II. OPERATION OF HEAVY TRUCKS, ETC., PR4HIBITED' Sec. ll.b-11. Definitions. Whenever in this article the foUowing terms are used, they ahall have the meanings respectively ascribed to them in this section: Anchorage Point, Fine Tree Drive, Point Drive and Rio -- .-- Vista Drive: Unincorporated pockets of Palm Beach County -- - within the chartered geographical boundasies of the Village of Tequesta which have no other means of access other than by either Tequesta Drive or Count.rY Club Drive within the Village of Tequesta. Bermuda 7'errace: The residentisl development in Palm Beach County outside the village limits but sdjacent to the intersection of Tequesta Drive and Country Club Drive within the village. Eaat Tequesta Driue: That portion of Tequesta Drive lying east of its intersection with Old Dixie Highway. Emergency uehicle: Police vehicles, Ve��g 5����'�� department, ambulances, vehicles carrYinB •S�ditor's uote—Ord. No. 297. �� 1--5. adopted May 26. 1981. did not �edly amend Wis Code: th�nfoce. inclusioa nereia as Art. II. �3 l.b-11--1.5-1b bas been at the editor's diacreU�• Supp. No. 21 � S 11.5•l1 TEQUESTA CODE S I1.5-11 or municipal officer or emplc�yee in response t� an emergency call, and emergency vehicles of public service corporations on an emer�;ency calL Cross uehicle u•ei�ht (GVW): The weight of a truck tractor and semitrailer combination, calculated by adding to the net weight of the truck-iractor the gross weight of the semitrailer. Gross u�eight: The net weight of a vehicle plus the weight of the load carried by such vehicle. 1Vet weight: The actua] scale weighL of a vehicle with complete catalog equipment. Semitrailer: 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. Tractor cranes, power shouels and well drillers: Include _ all vehicles constructed and designed as a tool and not as a hauling unit, used on the roads and highways incidental to the purpose for which designed. Trailer: Every vehicle without motive power designed for carrying passengers or property and for being drawn by a motor vehicle and so constructed that no part of its weight ------- - rests upon the towing vehicle. Trucks: Motor vetucles designed or used principally for carryin� 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. Truck-tractor: Every motor vehicle designed and used primarily for :rawing other vehicles and not so conatructed as to carry a load other than a part of the weight of the vehicle and load so drawn. Vehicle: Every device in, upon or by which any person or � property is or may be transported or drawn upon a highway Supp. No. 21 s� § 11.5•11 ytOTOFt VEHICLE5 AtiD TR.aFFlC ; 11.5-t1 except devices moving by human pow•er or used exclusively upon stationary rails or tracks. W'est Tequesta Urcue: Tnat portion of Tequesta Dri��e ly west of its interaection with Old Dixie Highway. (Ord. No. 297, § 1, 5-26•81) Sec. ll.b-12. Trucks, truck•tractors, tractor cranes, power shovels and cvell drillers; oper- ation on Tequesta Drive and Country Club Drive prohibited. (a) From and after the effective date of this article [May 26, 1981j, and ezcept as otherwise provided herein, it shall be unlawful for any peraon, firm or corporation to drive; operate or cause to be driven or operated, any truck (identified as a Taa Class Code 34 vehicle by the State of Florida, Department of Highway Safety and Motor Ve- hicles, Division of Motor Vehicles, for Florida vehicle regiatration purposes), or any truck-tractor (identified as a Taa Class Code 40, 41, 42, 43 or 44 vehicle by the State of � Florida, Department of Highway Safety and Motor Ve- hicles, Division of Motor Vehicles, for Florida vehicle registration purposes) having either a�et weight, a gross weight, or a groas vehicle weight in ezcess of five thousand (5,000) pounds, over, across or upon West Tequesta Drive or Country Club Drive within the Village of Tequesta. For purposes of construing the provisions of this section, a determination of whether a truck or truck-tractor eaceeds the mauimum weight of five thousand (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 ahowing the weight of the vehicle. Any combination of trucks, tractors, trailers, semitrailers or other vehiclea ahall be construed as a single vehicle in determining whether such combined unit ezceeds the weight prohibited _herein. (b) From and after the effective date of this article, and except as otherwise provided herein, it ahall be held unlawful for any person� firm or corporation to drive or operate, or cause to be driven or operated any tractor ' 3upp. Na 7 �? . � 11.5-t2 TEQUESTA CODF. � 11.5-13 cranes, p��Wer shovels, well drillers or other such vehicles upon West Tequesta Drive or Country Club Drive within the Village of Tequesta. (Ord. No. 29 i,§ 2. 5-26-81) Sec. 11.5-13. Eaceptiona. This article 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 discharg- ing goods, wares, merchandise or other articles at points abutting or adjacent to West Tequesta Drive or Country Club Drive which points are located within the village limits of the Village of Tequeata� or to other points within the corporate limits of the Village of Tequeata. (b) The operation of trucks, truck-tracLors, tzactor cranes, power shovels and well drillers on West Tequesta Drive and Country Club Drive where necessary to reach pointa 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 governmental agency or franchised public service corporation, including but not limited to trucics engaged in refuse and garbage collection, mail and parcel post delivery and pickup. (Ord. No. 297. § 3, 5-26-81) � Supp. No. 7 � - 5 1 I', :;; �i�1T�)ft �"f.Hf�'I.F.� :��1) TRAFFI(' a � �;.;`f , 5er. 11.3-13.1. Special permits for the operation of trucks on Tequests Drive and Country Club Drive; information, issuance: requirements. �a: Tht� iullowin� infor-nation shall be prorided with each ap- plication for a special permit wherein an applicant requests su- thorization to operate or move vehicles with a weight exceeding the maximum specified in this article on Tequesta Drive and Countrr• Club Drive within the Village of Tequesta: {1) Name, address and telephone number of the applicant; (2� The business of the appiicant, if applicable, under which said permit shall operate; (3) Type of delivery or service provided; (4) Vehicle destination point; (5) Description of vehicle to be used including, but not limited to, tag number and registration number of vehicle; t6i Vehicle net weight and vehicle tax class code and vehicle gross weight; (7) Description and approuimate weight of load; (8) Roads for which permit is requested; (9) Time period and frequency of use for which permit is requested; (10) Permit fee; (11) Reason for permit. (b) Permits shall be issued by the village manager upon re- ceipt of an application containing�the information set forth above, where good cause is show�n and where the granting of a permit is not contrary to the public interest, under the following conditions: (1) That a showing is made that access to the destination point is not available other than by use of the restricted street or streets; (2) That the shortest possible route along streets restricted under this article [�11) be used to reach and depart from the destination point. Supp. No.10 � 9 11.:i•1:1.t TEQI:ESTA CODE § 11.5•t3.1 (31 Trucks en�a�ed in del�vcrin�; �oods or services to destina- cion pomts withtn the Villa�,�e of Tequesta mav h�� permit- ted to make concurrent deliverie� oi goods or s�r�•tce� to destination points outside the corporate limits of the �•il- lage which deliveries are part of the same trip. Such trucks engaged in making concurrent deliveries to the area know�n as Turtle Creek ehall not be subject to the provisions of subsection (bX2) above. (4) The permit shall be valid only between the hours of 7:00 a.m. and 6:00 p.ra. on weekdays and between the hours of 8:00 a.m. to 12:00 noon on Saturdays and Sundays. _ (5) T'hat residential permits may be issued in accordance ��ith the terms set forth herein to owners of vehicles in excess of the maximum weight prescribed by this article, where said owner is a resident at Lhe destination point requiring the use of restricted streets and where said vehicle is main- tained at said residence and is for the personal transporta- tion 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 subsection (4J above. (6) Permits may be issued on a daily, weekly, monthly ar annual basis subject to the fee schedule set forth below. The village manager shall have the authority Lo determine - the length of the permit, based upon the infonnation pra vided by the applicant. Daily ......................................a10.00 . Weekly .................................... 15.00 Monthly .................................... 25.00 Annual .................................... 50.00 (?) 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 Lhe Village of Tequesta and the users of the restricted streets, may be provided by the village manager and the applicant shall operate under the peranit in accordance with the terms of said special . conditions. S�p. Na 10 690 . �. 11.5�1� 1 �tOTOR VEHICLES AVDTRAFFIC 3 11.5•is �c� Applic�nt9 and users of perm�ts issued under para�,rraph �b� abnve sh:�ll runform to the� foll�ti,n.; requ�remen[s: � 1 i The permit shall be carried in the vehicle or vehicies to w�h�ch it refers and shall be open co inspection by an� pol�ce o�cer or auLhorized agent of the Village of Tequest,s. �2 � Permit users shall abide b�� 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 per- mit user or applicant to re��ocation of said permit by the village manager. (31 Revoked permits may only be renew•ed by application to the village council which may consider the renewal of said appiication for good cause shown and ugon being sa.ti�ed that the applicant will abide by and conform to the condi- tions of the permit and the laws of the State of Florida and the Village of Tequesta. (Ord. No. 310, 4$ 2-4, 4-13-82) Editor'e note—Ord. No. 310, §§ 3--4, adopted Apr. 13, 1982, did not epenfy mar.ne.* of codification; hence, inclusfon herein as § 11.513.1 has been at the discretion of the editor. Sec. ll.b-14. Special proyisions. (a) East Tequesta Drive, Bridge Road and Old Dizie Highway are hereby designated as routes over and alonq which trucks, truck-tractors, tractor cranes, power ahovels 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 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 for the purpose of determining whether this article has been violated, when said officer has reason to believe that a violation of this article has occurred. Further, said Supp. No. 21 691 � 4 11.5-14 TEQL'ESTA CODE 3 11.5•20 <�fficc�r sh:�ll havf� the auth� t� r�•yuirt� an�• .,;,'�� {,rn�,n t�> proceed t�� an�• publii ur E�n�at�� �c�+lr t��r tnc� E>urF����f� c�l' wei�hin�; and determinin�; µ�hFther ��r nc,t tne artirlt� ha� been violaced. lc) The villa�e mana�er ma�•, in his discretinn and upun appiication and good cause shown that the same is nuc contrary to the public interest, issue special permits in writing authorizing the applicant to operate or mu��e a vehicle or combination of vehicles with a weight exceeding the maximum specified in this article, or otherwise not in conformity with the pro� of this article, upc�n 4�'est Tequesta Drive and Country Club Drive, in accordance with the terms and provisions go��erning the issuance uC such permits set forth in Section 316.550 of the Florida Statutes, which are incorporated herein by reference. (Ord. No. 297, § 4, 5-26-81) Sec. l l.b-lb. The posting of signs. The chief of police is hereby authori�ed and directed Lo post any and ali signs on �Lest Tequesta Dri�e and Country Club Drive deemed necessary to effect the terms of this article. (Ord. No. 297, § 5, 5-26-81) Secs. 11.5•16-11.5•19. fteserved• ARTICLE III. PAR.KIl�1G, STOPPING OR. STANDING Sec. 11.5-20. Parking violations; fines. (a) It shall be unlawful for any person to violate any of the parking regulations referenced in this section. The following shall constitute the fine for the violations listed beloK : (1) Qvertime parking . . . . . . . . . . . . . . . . . . . . . . . . . $10.00 (2) Double parking . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 (3) Parking in fire lane . . . . . . . . . . . . . . . . . : . . . . . 10.00 (4) Parking in loading zone . . . . . . . . . . . . . . . . . . . . 10.00 t5) Parking in wrong direction . . . . . . . . . . . . . . . . . 10.00 Supp. No. 21 �92