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Home My WebLink AboutDocumentation_Regular_Tab 18_05/09/2013 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 14-13 5/9/13 Consent Agenda: No Resolution #: Originating Department: Attorney • �` •• • • C -� � -�� Ordinance 14-13, First Readins�, Amending the Village Code of Ordinances at Chapter 46. Motor Vehicles and Traffic, by Amending this Chapter to Provide Internal Consistency, to Revise Regulations Pertaining to Operation of Golf Carts on Certain Roadways in the Village; by Cross Referencing Off Street Parking Regulations in Article X Of Chapter 78; And By Relocating Chapter 78 Article Ix Division 11 Regarding The Parking Of Commercial Vehicles In Residential Districts Into This Chapter � . . •. Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: �� ?r;��F, �:�� Appropriate Fund Balance: C�I�oose an it�s�. ' • ' •' • • • .�- . ....� � � Department Head Finance Director Reviewed for Financial Sufficiency ❑ No Financial Impact �_ �� Attorney: (for legal sufficiency) � Village Manager: —.� Submit for Council Discussion: ✓ �� , ❑ �-- /-- — Approve Item: ❑ �� Deny Item: � • • - . . �. - . -. .- - . .- - .- . ..- . . -.. ... - . - - - . - Form Amended: 7/12/12 ORDINANCE NO. 1413 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VII..LAGE CODE OF ORDINANCES AT CHAPTER 46. MOTOR VEHICLES AND TRAFFIC, BY AMENDING THIS CHAPTER TO PROVIDE INTERNAL CONSISTENCY, TO REVISE REGULATIONS PERTAINING TO OPERATION OF GOLF CARTS ON CERTAIN ROADWAYS IN THE VILLAGE; AND BY CROSS REFERENCING OFF STREET PARKING REGULATIONS IN ARTICLE X OF CHAPTER 78; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 46. 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. WI�REAS, the Viliage Council of tiie Village of Tequesta desires to amend the Village Code of Ordinances at Chapter 46. Motor Vehicles and Traffic, to provide internal consistency, to revise regulations pertaining to operation of golf carts on certain roadways in the village; and by cross referencing off street parking regulations in Article X of Chapter 78; and WHEREAS, the Village Council of the Village of Tequesta believes it to be in the best interests of the health, safety, and welfare of the citizens of the Village of Tequesta. that the Village amend its motor vehicle and traffic ordinance as stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: Chapter 46. Motor Vehicles and Traffic. of the Code of Ordinances of the Village of Tequesta is hereby amended to provide internal consistency, to revise regulations pertaining to opera.tion of golf carts on certain roadways in the village; and by cross referencing off street pazking regulations in Article X of Chapter 78; providing that Chapter 46 shall hereafter read as follows: Chapter 46 MOTOR VEHICLES AND TRAFFIC ARTICLE I. - IN GENERAL _ _ _ _ _. Sec. 46-1. - Hitchhikin�. Sec. 46-2. - Use of �olf carts upon desi�nated villa�e � streets. 1 Secs. 46-3-46-30. - Reserved. � Sec. 46-1. - Hitehhil�ng. (a) It sha11 be unlawful for any person to hitchhike or solicit a ride from the operator of any motor vehicle being driven upon any road, street or alley located in the village, including state roads and county roads. � (b) It sha11 be no defense to a prosecution under this section that the person soliciting the ride was standing on a sidewalk or on private property. � (c) An emergency shall constitute a defense to a prosecution under this section where a motor vehicle has become disabled, or some threat to person or property exists necessitating flight. (d) This section shall not be conshued to prohibit a person from signalling or requesting transportation from a vehicle for hire such as a bus or taxicab. (e) Any person found guilty of a violation of this section shall be�ubiect to nenalties � in accordance with section 1-14 r anv other available remedv bv law. Sec. 46-2. - Use of golf c�rts upon de.�ignated ��e�a streets. (a) The Village of Tequesta hereby designates certain public roads or streets within the Village of Tequesta for use by golf carts in accordance with F.S. § 316.212. (b) Pursuant to F.S. § 316.212, �e �'eq�es�e, the following �e� shall apply to eolf cart oneration on esienated nublic roads or streets within th� Village of Teauesta: (1) �-g("olf cart opera.tors �k�ke�age must be a minimum of 16 years of ag , ' , (2) The number of occupants in any golf cart being operated within the viilage sha11 be restricted to the number of seats on the golf cart. No occupants of a golf cart shall stand at any time while the golf cart is in motion. e�-�� (4) � All golf carts must be equipped with efficient brakes, reliable steeri.ng a�r t�, safe tires, a rearview mirror, and red reflectorized waming devices in both the front and rear . Golf carts operated between sunset and sunrise on designated roads and streets sha11 also be properly equipped with headlights, brake lights, turn signals and a windshield. 2 � (c) Violations of this section are non-criminal traffc infractions punishable in accordance with F.S. § 316.212($}. (d) The Village of Tequesta Police Deparlment sha11 post signs indicating those certain public roads and streets within the villa�e that have been designated �e�ei� for use by ��•°� °*°�°a golf carts ' . Secs. 46-3-46-30. - Reserved. ARTICLE III. - PARKING, STOPPING OR STANDING _ _ _ .___. _ _ _ _ __ _ _ __.. _ Sec. 46-61. - Parking violation fines. Sec. 46-62. - Parki.ng on swales. Sec. 46-63. - Pa.rking on Tequesta Oaks Drive. ec. 46-64. – Off street narkin� in eeneral. Secs. 46-64 �9---46-90. - Reserved. Sec. 46-62. - P�rking on swales. (a) It shall be unlawful to stand, stop or park any motor vehicle, boat, trailer, or machinery upon the swale azeas adjacent to Tequesta Drive within the corporate lim.its of the village. (b) It sha11 be unlawFul to stand, stop or park any motor vehicle, boat, trailer, or machinery upon the unpaved swale areas adjacent to Country Club Drive, R.iverside Drive, County Line Road and Seabrook Road within the village between the hours of 1:00 a.m. and 6:00 a.m. (c) The owner of any such vehicle found guilty of violating the provisions of this section sha11 be subject to punishment in accordance with section 1-14 n�l t e garkin� violation fines as set forth in section 46-61. Sec. 46-63. – Parking on Tequesta Oaks Drive. [This section shall remain in full force and effect as previously adopted.] 64. – Off street narking in �eneral T'he reauirements of Chanter 78. Article X regazdin� off street nazkin� shall be comnlied with. as annlicable. throughout the Village. Secs. 46-64 �4---46-90. - Reserved. 3 ARTICLE IV. - VEHICLES ON BEACHES Sec. 46-91. - Defuutions. _ . . _ _. _ _ . _ __. Sec. 46-92. - Motor vehicles prohibited; exceptions. Sec. 46-93. - Presumution as to ille al�operation. Sec. 46-94. - Impoundment. Sec. 46-95. - Permits. Secs. 46-96---46-120. - Reserved. Sec. 46-93. - Presumption as to illegal operation. Any person in possession of a motor vehicle found on the public beaches shall be deemed to have driven such a vehicle onto such restricted area and sha11 be subject to �� penalties in accordance with section 1-14 r anv other available remedv bv law. Se,c. 46-95. - Permits. Permits to operate a motor vehicle upon the public beaches within the village may be obtained for valid commercial and public uses upon application to the 'li��l,�ge manager. Section 2: Each and every other Section and Subsection of Cha.pter 46. Motor Vehicles and Traffic. shall remain in full force and effect as previously adopted. Section 3: AIl ordinances or parts of ordinances in conflict 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. SecNon 6: This Ordinance sha11 take effect immediately upon passa.ge. 4