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Home My WebLink AboutOrdinance_14-13_07/11/2013 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 PARI(ING 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. , 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 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 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 1. - IN GENERAL Sec. 46 -1. - Hitchhiking. Sec. 46 -2. - Use of golf carts upon designated village streets. 1 Secs. 46- 3— X6-30. - 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 subject to penalties in accordance with section 1 -14 or any other available remedy by law. Sec. 46-2. - Use of golf carts upon designated village teen 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, the following shall apply to golf cart operation on designated public roads or streets within the Village of Tequesta: (1) Golf cart operators must be a minim of 16 years of age, hold and be in possession of a valid driver's license issued within the United States, -at all times while operating 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. (3) All golf carts must be equipped with efficient brakes, reliable steering apparatus, safe tires, a rearview mirror, and red reflectorized warning devices in both the front and rear. 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. (c) Violations of this section are non - criminal traffic infractions punishable in accordance with F.S. § 316.212. (d) The Village of Tequesta Police Department shall post signs indicating those certain public roads and streets within the village that have been designated for use by golf carts. Secs. 46- 3-- 46 -30. - Reserved. ARTICLE III. - PARKING, STOPPING OR STANDING Sec. 46-61. - Parking violation fines. Sec. 46 -62. - Parking on swales. Sec. 46 -63. - Parking on Tequesta Oaks Drive. 2 Sec. 46 -64. – Off street parking in general. 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) The 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 parking 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.] Sec. 46-64. – Off street parking in general. The requirements of Chapter 78, Article X regarding off street parking shall be complied with, as applicable, throughout the Village. Secs. 46-64 65--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 affesk and penalties in accordance with section 1 -14 or any other available remedy by law. See. 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 village 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. 3 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: This Ordinance shall take effect immediately upon passage. 4 ATTACHMENT A Designated Roadways All roads west of the Tequesta Drive Bridge with the exception of Tequesta Drive and Country Club Drive are designated roadways, however, crossing directly over those roads would be permissible. Upon Second Reading this 11 day of July 2013, the foregoing Ordinance was offered by Council Member Paterno who moved its adoption. The motion was seconded by Council Member D'Ambra and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Abby Brennan X Vice -Mayor Vince Arena X Council Member Steve Okun X Council Member Tom Paterno X Council Member Frank D'Ambra X The Mayor thereupon declared the Ordinance duly passed and adopted this 11 day of July 2013. MAYOR OF TEQUESTA 4igainnan ATTEST: `,,``,,11.11111111111t,,,�,, -P b RP F ,. p 0 • ,; * 99 G 6 Lori McWilliams, MMC Village Clerk E� is ''d / 1 111111111 1111 5