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HomeMy WebLinkAboutDocumentation_Regular_Tab 15_07/11/2013 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 14-13 AMENDED on 1 - Reading Consent Agenda: No Resolution #: Originating Department: Attorney _ _ ' � ' • • • • - : - • j �,�,;,� i� j � ��� ��,i,u� i ut����»��i� _ - - - -- - Ordinance 14-13, Second Readinq, Amending the Village <<�K�«�,� ���e� K�����d������� �;.� ,°,�, �;����;��ti;r �?t�. ��OdK���:��F����;&��i�,l�;��� and Traffic, by Amending this Chapter to Provide Internal Consistency, to F�evise F2egulations 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 � . , -, Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: Appropriate Fund Balance: ' ' � ' �' .• � �- • � � .�- �. �-•-� . � Department Head � �, b�y� � Finance Director /� ( ; � Reviewed for Financial Sufficiency ❑ 4� 1 '� ^r"' �_,� v�� ` �-�� '��� z v�' '` �' �f" �`'� �� `-� J t o No Financial Impact ❑ �'�' -�. Attorney: (for legat sufficiency) Village Manager: Submit for Council Discussion: � , Approve Item: ❑ � � :1=��' , Deny Item: � � � ��°� `� . __ � � � � nl��.�.. �,�li �J�JI�I vqr , I�s�) Il�,�.��`t�:. A) �.�;_'�I'.�1� li:� .k) lu:Y� �,71" .,;.�i .�. � l� a.lt),k��� ° ,7 ti •� • •• � • • —• Ot�,)I i��i� ip)i„i I i�' ���� " .���'.G� )I ;�i'��il�_ ;�i� - Form Amended: 7/12/12 ORDINANCE NO. 14-13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, 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; AND BY CROSS REFERENCING OFF STREET PARKING REGULATIONS IN ARTICLE X OF CHAPTER 78; PROVIDING THAT EACH AND EVERY OTI3ER 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. WHEREAS, the Village Council of the 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 l: 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 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 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 golf carts upon desi ated village � streets. 1 Secs. 46-3-46-30. - Reserved. Sec. 46-1. - Hitchhiking. (a) It shall 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 shall 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 construed 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 subiect to nenalties �� in accordance with section 1-14 or anv other available remedv bv law. Sec. 46-2. - Use of golf carts upon designated village �� 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 �a�en-����r�e�ts--a� F.S. § 316.212, �c�-� r��-e��e�-e€-ge�e�#s--e�9R���e�s-���} t�x,��g�= ��s�a, the following r���� shall apply to golf cart oberation on desi�nated nublic roads or streets within the Villa�e of Teauesta: (1) "'�olf cart operators •���*'��r *'�° _��"°^° must be a minimum of 16 years of age, hold and be in bossession of a valid driver's license issued within the United States,-°^a m ��*'�° � �� � , ��•a •a *•�' *• a °'�^�,�;�� ����� ^� °�° at all times wlule opei•ating a golf cart on public roads. (2) The number of occupants in any golf cart being operated within the village shall 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. /2� nl; ,,,,if _�,.�� ..ormitt�r� nnrl� rt,• +• � � t a � ,� i.t• � - -- o- ----- r ------- -- -_---- .., ..�_ _.,_. ., ...... � .,.. � . 1.,.......�- �n �,.,;�o� r .. i.,,,,,. vi ° . (4) 3� All golf carts must be equipped with efficient brakes, reliable steering a naratus, safe tires, a rearview mirror, and red reflectorized warning devices in both the front and rear u���t +;�.,on ..,�,;io ,, o,.,,+v,� ,,,, ao�; „� a �e���-a�c-�-�-ee�s-���-��g����q�t-�. Golf carts operated between sunset and sunrise on designated roads and streets shall also be properly equipped with headlights, brake lights, turn signals and a windshield. r o�.;�+o,.o.l .�;*1, tl,o Zl;ll��o ,.� Tv.,,,v��., D.,1' Tl ,.e,�.o„+ ,. t ..�5..�w..�... ....... �a.v r iiiu.5v vi i v�uv.��w i viivv La,+Ncss �u�i"s.- rn@ � t ;�+«.,t;,,,, F o �,,.a , o,.+;,,,, 1�.. �L,o ,�„1' .a -� � � +1, 1 f ,�r .. �.... ..i..�.. .. �Y...��.�ii vJ �ii r.viivv uvNuiuuvai� va a.u�. �c�ir 2 �ze#�eet�g--a-������ •�a�e-���° „�vva �,, o ,.�, �gis�e�e�-ge�€-^��s�e��t�-�e�tt�e�e�s-e€�e-�i��age-e� . 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(c) Violations of this section are non-criminal traffic infractions nunishable in accordance with F.S. § 316.212E8). (d) The Village of Tequesta Police Department shall post signs indicating those certain public roads and streets within the villa�e that have been designated �} for use by a °�R;°+�M�a golf carts ; ^ra° ..,;*'� „��*;^�^* ol�nli�kna Secs. 46-3-46-30. - Reserved. ARTICLE III. - PARKING, STOPPING OR STANDING Sec. 46-61. - Parking violation fines. Sec. 46-62. - Parkin� on swales. Sec. 46-63. - Parkin�on Tequesta. Oaks Drive. Sec 46-64 - Off street narkin� in �eneral. Secs. 46-64 69-46-90. - Reserved. Sec. 46-62. - Parking on swales. (a) It shall be unlawful to stand, stop or park any motor vehicle, boat, trailer, or machinery upon the swale areas adjacent to Tequesta. Drive within the corporate limits of the village. (b) It shall be unlawful to stand, stop or park any motor vehicle, boat, trailer, or machinery upon the unpaved swale areas adjacent to Country Club Drive, Riverside Drive, County Line Road and Seabrook Road within the village between the hours of 1:00 a.m. and 6:00 a.m. (c) T'he owner of any such vehicle found guilty of violating the provisions of this section shall be subject to punishment in accordance with section 1-14 and the parkin� 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.] ec 46-64 - Off street narkin� in general The reauirements of Chanter 78. Article X regarding off street narkin� shall be comnlied with. as annlicable. throu�hout the Villa�e. 3 Secs. 46-64 �5--46-90. - Reserved. ARTICLE IV. - VEHICLES ON BEACHES Sec. 46-91. - Definitions. Sec. 46-92. - Motor vehicles prohibited; exceptions. Sec. 46-93. - Presumption as to illegal 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 shall be subject to �� penalties in accordance with section 1-14 or anv other available remedv bv law. Sec. 46-95. - Permits. Pernuts 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 vill�a._ e manager. 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 adopted. Section 3: All 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. Section 6: T'his Ordinance shall take effect immediately upon passage. 4