HomeMy WebLinkAboutOrdinance_239_09/29/197623
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AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA,
RESTRICTING THE PARKING OF COMMERCIAL VEHICLES
AND TRUCKS OVER THREE-QUARTER TON RATED CAPACITY
WITHIN RESIDENTIAL AREAS; PROVIDING EXCEPTIONS
THERETO; PROVIDING REGULATIONS RELATING TO THE
PARKING AND STORING OF CERTAIN TRUCKS AND COMMERCIAL
VEHICLES OF THREE-QUARTER TON RATED CAPACITY OR
UNDER AND RECREATIONAL BOATING AND CAMPING EQUIPMENT
IN RESIDENTIAL AREAS; SETTING FORTH CONDITIONS THERE-
FORE; PROVIDING PENALTIES FOR VIOLATION OF THIS
ORDINANCE AND SPECIFICALLY REPEALING SECTION
1, SUBSECTION (j) OF ORDINANCE N0. 213 AND OTHER
ORDINANCES IN CONFLICT HEREWITH, ESTABLISHING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
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TEQUESTA, FLORIDA:
~ Section 1. No commercial vehicles or trucks over three-
s
uarter (3/4) ton rated capacity may be parked on any property or
;right of way within a residential area.
a) Residential areas include all areas within the
illage other than C1 and C2.
b) This restriction shall not apply to the temporary
;parking of such vehicles on private property in residential districts
whereon construction is underway, for which a current and valid
building permit has been issued by the Village of Tequesta and said
permit is properly displayed on the premises.
c) This restriction shall not apply to routine deliveries
y tradesmen or the use of trucks in making service calls providing
that such time period is actually in the course of business deliveries
or servicing as the case may be.
d) This restriction shall not apply to the parking of
emergency vehicles providing that the time parked is actually
!necessary for the emergency. Further, the restriction shall not
apply to volunteer emergency vehicles driven by residents of the
illage of Tequesta and parked on their property.
e) This restriction shall not apply to a situation where
such vehicle becomes disabled and, as a result of such emergency
is required to be parked within a residential district for longer
than the time allowed herein. However, any such vehicle shall be
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(removed from the residential district within twenty-four (24) hours
by wrecker towing if necessary regardless of the nature of the
emergency, and the cost of such towing shall be at the expense of
the owner of the vehicle.
Section 2. Panel trucks, pick-up trucks, vans or similar
types of trucks and commercial vehicles of not over three-quarter
(3/4) ton rated capacity and recreational boating and camping equip-
ment in the form of travel and camping trailers, boat trailers, boats
on trailers, and truck trailers designed and used as temporary
living quarters for recreation, boating, camping, or travel use,
parked on a lot containing a single family residence in any residen-
~tial area within the Village shall be parked subject to the following
onditions:
a) The equipment described in this section must be
owned by and used primarily by a resident of the premises, provided
however that a guest of the resident of the premises may park such
equipment in the front yard driveway for not more than three (3)
consecutive days in any fourteen (14) day period.
b) The location for such parked equipment shall be in
the rear yard or in the side yard to the rear of a line established
by the front building line adjacent to the side .yard where the
equipment is located provided however that such equipment is effectiv -
ly screened on three sides against direct view from abutting properti s
A person who reasonably attempts to comply with the screening describ d
herein, by planting and maintaining a hedge which will become an
effective screen in a reasonable period of time not to exceed three
years shall not be in violation of this subsection. Further, this
sub-section is not to be construed as requiring screening from direct
view from the street in front of the plot.
c) Any of the vehicles or equipment described herein may
e parked in a garage or carport which is effectively screened on
hree sides; provided however that no portion of the vehicle or
quipment shall extend beyond the roof line.
d) Such equipment and the area of parking shall be
J, r rJ aintained in a clean, neat and presentable manner and the equipment
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shall be in a useable condition at all times.
e) Such equipment shall at all times have attached a
current vehicle registration license plate and if required a current
inspection sticker.
f) No major repairs or overhaul work on such equipment
which constitute either a public or private nuisance shall be made
°r performed on the site.
g) When parked on the site such equipment shall not be
used for living or sleeping quarters or for housekeeping or storage
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purposes and shall not have attached thereto any service connection
';lines except as may periodically be required to maintain the equip-
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nt and appliances.
h) None of the vehicles or equipment described herein
ay be parked in the area between the street plot line and the
tructure nor in the right of way in front of the structure, however
ne of the vehicles described herein may be parked in the front yard
riveway for a cumulative period not exceeding four (4) hours in any
ne twenty-four (24) hour period.
i) The restrictions herein shall not prohibit the
emporary parking of vehicles used for recreational purposes on lots
ithin the Village which are set aside specifically for recreational
se, provided, however, that said parking shall occur only during the
eriod the vehicles are actually being used for recreation.
j) These restrictions shall not apply to volunteer
ergency vehicles driven by residents of the Village of Tequesta
d parked on their property.
Section 3. The provisions and conditions set forth in
ection 2 above are not intended to regulate the parking of vans or
imilar types of vehicles used primarily for personal transportation
ather than commercial purposes.
Section 4. In the case of doubt as to the proper classi-
°ication of a specific vehicle under the terms of this Ordinance
he determination by the Motor Vehicle Commission of the State of
'lorida shall be controlling. The body description and classification)
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on the motor vehicle certificate of title shall be prima facie
evidence of such determination.
Section 5. Any part or the whole of this Ordinance may
be waived by the Village Council on the filing of a written applica-
ion for such action setting forth the reasons for the request.
uch application must set forth a hardship on the part of the
pplicant and granting of the request by the Village Council must
e based on hardship.
Section 6. Any person violating the provisions of this
rdinance shall upon conviction be fined a fee of not less than
wenty-five dollars ($25.00) nor more than one hundred dollars
$100.00) for each violation and for each day such violation continue:
Section 7. Ordinance No. 213 of the Village of Tequesta
ich amended Ordinance No. 211 (The Zoning Ordinance) is hereby
nded by specifically repealing Section 1, Subsection (j).
Section 8. All ordinances or parts of ordinances in
nflict herewith be and the same are hereby repealed.
Section 9. This ordinance shall take effect upon its
s age and approval as provided by law.
THE FOREGOING ORDINANCE was offered by Council Member
Peter Baron who moved its adoption. The
ordinance was seconded by Council Member Stephen R. Huggins
end upon being put to a vote, the vote was as follows:
?OR ADOPTION: AGAINST ADOPTION:
Peter Baron
Howard Brown
Ste~?hen R. Huggins
Vice
The~Nlayor thereupon declared the Ordinance duly passed
~nd adopted this 2c day of September A.D., 1976.
JoI-;NSro ra
Sn ,srra F aAr,no~_PH TT ST ~ ~ MAYOR OF TERUESTA
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6V1-ST PALM CAC H, FI_A. ~ ~ , _,
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illa~e Clerk