HomeMy WebLinkAboutDocumentation_Regular_Tab 09B_04/14/1994 1. 1 [
' VILLAGE OF TEQUESTA
� Post Office Box 3273 • 357 Toquesta Drive
''� Tcyuesta, Florida 33469-0273 • (4Q7) 575-6200
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MEMORANDUM:
TO: Village Council
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FROM: Thomas G. Bradford, Village Manager /��`" /
DATE: April 7, 1994
SUBJECT: Thru Truck Permit Ordinance; Fee Amendment; Aqenda 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 Committee 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 $200, as explained in the
attached correspondence addressed to the Village Attorney relative
to this matter.
It is recommended that the Village Council approve this Ordinance
on first reading.
TGB/krb
Attachment
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March 7, 1994
Jahn C. Randolph, Esq.
Jones, Foster, Johnston & Stubbs
P.O. Box 3475
West Palm Beach, Florida 33402-3475
RE: Truck Pes�nit Ordinance Amend=aent
Dear Skip:
As you know, the Public Safety Committee, at their meQting on March
2, 1994, recommended that Section 11.5-13.1(b)(6) be amended to
increase the permit fees. The recommendation was to increase the
daily, weekly and monthly fees by 50$ 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 annuali2ed 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 an annualized basis (.38 - .21 = .17) therefore, (.38 + .17
_.55) we can justify the annual fee beinq 55$ of the monthly fee
on an annualized basis, or $24'7.50. Therefore, we can justify a
495$ increase in the annual fee and I am recommending a 400$
increase to $200 for an annual penait.
Please prepare an Ordinance to amend the above referenced Section
of the Tequesta Code so that the penait fees will be increased as
indicated herein. This requested Ordinance will be scheduled for
first readinq at the Village 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-
S�ould you have ar.y questions regarding this request, please
contact me.
S�ncerely,
% �-- �G�
Thomas G. Bradfo�d
Village Manager
TGB/krb
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March 21, 1994
Mr. Thomas G. Bradfor�
village Manager
Villaqe of Tequesta
Post Office Box 3273
Tequesta, Florida 3346y
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(b){6) of the Villaqe Code of Ordinances so as to amend
the permit fees as specified in your letter.
Sincerely,
JONES, O TER, JOHNSTON & STUBBS, P.A.
Randolph
JCR/ssm
Enclosure
ORDI�TANCE NO.
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 ZI,
OPERATION OF HEAVY TRUCKS, SECTION 11.5-
13.1(b)(6) SO AS TO INCREASE THE PERMIT FEES;
PROVZDZNG FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ORDINANCES IN CONFLICT; PROVIDING
FOR CODIFZCATION; PROVIDING 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)(6) 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
infonaation provided by the applicant.
Daily . . . . . . $ 15.00
. . . . . . . . . . . . .
Weekly . . . . . . . . . . . . . . . . . . . 22.50
Monthly . . . . . . . . . . . . . . . . . . 37.50
Annua 1 . . . . . . . . . . . . . . . . . . . 2 0 0 . 0 0"
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 qiven 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 Conflict. 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.
Ser_�iOn 5. Sffective Date. This Ordinance shall take
effect immediately upon its passage and approval, as provided by
law.
THE FOREGOING 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 AGAINST 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\131530RD\TRUCK.PER
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Chapter 11.5
MOTOR VEHICLES AND TRAFFIC
�. I. In General, �� 11.6• 1-11.610
prt, II. Operation of Heavy't�ucks, Etc.. Prohibited, 33 11.5-11-11.5•
p� III. parlc�a, gtopping or Standin�, 44 I1.5-20, 11.5•21
ARTICLE I. IN GENERAL
Secs. 11.5-1-11.b-10. Reserved.
AR.TICLE II.OPEItATION OF HEAVY TRUCKS,
ETC., PBOIiIBITED'
Sec. 11.8-11. Definitions.
Whenever in this article the following terms are used� they
ahall have the meanings respectively ascribed to them in
this section:
Anehorage Point, Pine Tree Driue, Point Drive and Rio
Vista Driue: Unincorporated pockets of Palm Beach County
within the chartered geographical boundaries of Lhe Village
of Tequesta which have no other means of access other than
by either Tequesta Drive or CountrY Club Drive within the
Village of Tequesta.
Bermuda Terrace: The residential development in Palm
Beach County outside the village limits but adjacent to Lhe
intersection of Tequesta Drive and Country Club Drive
within the village.
East Tequesta Driue: That portion of Tequesta Drive lying
eaat of its intersection with Old Dizie Higha►aY•
Emergency vehicle: Police vehicles, vehicles of the fire
department, ambulances, vehicles carrYinB a state. county
� toi r's �ote—Ord. No. 297. S4 1-5. �dopted May 26, 1981, did aoe
specsYie�UY amend this Code; therefore. inclusion herein �a Mt. II. SS
1.5-11-1.b-lb has been �t the editor's dncret�oo.
Supp. Na 21 �
§ 11.5-It TEQUESTA CODE § 11.5-11
or municipal officer or employee in response to an emergency
call, and emergency vehicles of public service corporations
on an emergency call.
Cross uehicte weight (GVW): The weight of a truck tractor
and semitrailer combination, calculated by adding to the net
weight of the truck-tractor the gross weight of the
semitrailer.
Cross weight: The net weight of a vehicle plus the weight
of the load carried by such vehicle.
Net cueight: The actual scale weight 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 ia carried by another
vehicle.
Tractor cranes, power shovels and tvell dritlers: 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.
Trcccks: Motor vehicles 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 constructed
as to carry a load other than a part of the weight of the
vehicle and load so drawn.
Vehicte: Every device in, upon or by which any person or \
property ia or may be transported or drawn upon a highway
Supp. No. 21 �
§ 11.5-11 MOTOR VEHICLES AND TRAFFIC S 11.5-12
except devices moving by human power or used exclusively
upon stationary rails or tracks.
West Tequesta Driue: That portion of Tequesta Drive lying
west of its intersection with Old Dixie Highway. (Ord. No.
297, § 1, 5-26-81)
Sec. ll.b-12. Trucka, truck-tractors, tractor cranes,
power shovels and well 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 ahall
be unlawful for any person, firm or corporation to drive,
operate or cause to be driven or operated, any truck
(identified as a Tax Class Code 34 vehicle by the State of
Florida, Dep.artment of Highway Safety and Motor Ve-
hicles, Division of Motor Vehicles, for Florida vehicle
registration purposes), or any truck-tractor (identified as a
Taz 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 net weight, a gross
weight, or a gross vehicle weight in ezcess of �ve thousand
(5,OOQ) pounds, over, acroas 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 maximum weight of �ve thousand (5,000) pounds shall
be by reference to the vehicle registration cert�cate 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. Any combination of trucks, tractors, trailers,
semitrailers or other vehicles shall be construed as a single
vehicle in determining whether such combined unit eaceeds
the weight prohibited herein.
(b) From and after the effective date of this article. and
ezcept 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
' Supp. No. ? �� .
; 11.5-12 TEQUFSTA CODE ; 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. 297, § 2, 5-26-81)
Sec. ll.b-13. Ezceptions.
This article ahall 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 limita of the Village of Tequesta, or to
other points within the corporate limits of the Village
of Tequesta.
(b) The operation of trucks, truck-tractors, tractor cranes,
� power shovels and well drillers on West Tequesta
Drive and Country Club Drive where necessary to
reach points in Bermuda Terrace, Anchorage Point,
Pine Tree Drive, Point Drive and Rio Vista Drive,
which have no other meana of acc�ss.
(c) The operation of emergency vehicles on Tequesta
Drive and Country Club Drive.
(d) The operation of trucka 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 frenchised public service
corporation, including but not limited to trucks
engaged in refuse and garbage collection, mail and
parcel post delivery and pickup. (Ord. N�. 297. $ 3,
5-26-81)
� 3upp. No. 7 �
a i i..;-i.;.i titc)T�)R �'F,H(c'(.F:ti Atii) TR�IFFI(' S t i s-i:i.i
Sec. 11.5-13.1. Special permits for the. operation of trucks
on Tequesta Drive and Country Club Drive;
information, issuance; requirements.
ia� The following information shall be provided with each ap-
plication for a special permit wherein an applicant requests au-
thorization to operate or move vehicles with a weight exceeding
the maximum specified in this article on Tequesta Drive and
Country Club Drive within the Village of Tequesta:
(1) Name, address and telephone number of the applicant;
(2) The business of the applicant, 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;
(6) Vehicle net weight and vehicle tax class code and vehicle
gross weight;
(?) Description and approgimate weight of load;
(8) Roads for which permit is requested;
t9) 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 shown 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 [will] be used to reach and depart from
the destination point.
Supp. No.10 �9
§ 11.5-13.1 TEQ(IESTA CODE § 11.5•13.1
(3) Trucks engaged in delivering goods or services to destina-
tion points within the Village of Tequesta may be permit-
ted to make concurrent deliveries of goods or services to
destination points outside the corporate limits of the vil-
lage which deliveries are part of the same trip. Such trucks
engaged in making concurrent deliveries to the area known
as Turtle Creek ahall 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.m. on weekdays and between the hours of
8:00 a.m, to 12:00 noon on Saturdays and Sundays.
(5) 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 this article, where said
owner is a resident at the destination point requiring the
use of restricted streets and where said vehicle is main-
tained at said residence and ia 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 (4) above.
(6) Permits may be issued on a daily, weekly, monthly or
annual basis subject to the fee achedule set forth below.
The village manager shall have the authority to determine
the length of the permit, based upon the information pra
vided by the applicant.
Daily......................................a10.00 .
Weekly ............................... ... 15.00
Monthly.................................... 25.00
Annual .................................... 50.00
(7) 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 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.
Supp. Na 10
690
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; 11.5•13.] NOTOR VEHICLES ANDTRAFFIC 9 11.5-14
ici Applicants and users of permits issued under para�,*raph tbi
ab�ve shall conf�orm to the followin�� requirements:
� 1� The permit shall be carried in the vehicle or vehicles to
which it refers and shall be open Lo inspection by any
police officer or authoriT.ed agent of the Village of Tequesta.
(2) 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 per-
mit user or applicant to re�•ocation of said permit by the
village manager.
. (3) Revoked permits may only be renewed by application to
� the village council which may consider the renewal of said
application for good cause shown and upon being satisfied
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, §§ 2-4, 4-13-82)
Editor's note-�Ord. No. 310, §§ 3-4, adopted Apr. 13, 1982, did not epeczij+
manner of codiFcation; hence, inclusion herein as § 11.5-13.1 has been at the
diacretion of the editor.
Sea ll.b-14. Special provisions.
(a) East Tequesta Drive, Bridge Road and Old Dizie
Highway are hereby designated as routes over and along
which trucks, truck-tractors, tractor cranes, power shovels
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 of�cer has reason to believe
that a violation of this article has occurred. Further, said �
Supp. No. 21 s91
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§ 11.5•14 TEQLTESTA CODE 4 11.5•20
officer shall have the authoritv e�� require an�� �uch per��,n tu
proceed tc� any public or pr�vate scale fc�r the purp��se of
weighing and determininK whether c�r nut the article has
been violated.
(c) The village manager may, in his discretion and upon
application and good cause shown thac the same is not
contrary to the public interest, issue special permits in
writing authorizing the applicant tv operate or move a
vehicle or combination of vehicles with a weight exceeding
the maximum specified in this article, or ot�erwise not in
conformity with the provisions of this article,_ upon West
Tequesta Drive and Country Club Drive, in accordance with
the terms and provisions governing the issuance uf 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. ll.b-16. The posting of signs.
The chief of police is hereby aUthori�ed and directed to
post any and all signs on VVest Tequesta Drive and Country
Club Drive deemed necessary to effect the terms of this
article. (Ord. No. 297, § 5, 5-26-81)
Secs. 11.5•16-11.5-18. Reserved•
AR,TICLE 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 below:
(1) Overtime parking . . . . . . . . . . . . . . . . . . . . . . . . . $10.00
(2) Double pazking . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00
(3) Parking in fire lane . . . . . . . . . . . . . . . . . : . . . . . 10.00
(4) Parking in loading zone . . . . . . . . . . . . . . . . . . . . 10.00 .
(5) Parking in wrong direction . . . . . . . . . . . . . . . . . 10.00
Supp. No. 21 692