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HomeMy WebLinkAboutOrdinance_239_09/29/197623 oR DI NANC 0 E N . 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 I 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 JOIINSTC)N f. naSGR !k RgPJDOLpH 310 OKFECHOF?F.E I2 D. l`.'f_' ;"f PALM BEgC: H. FLA. 37402 I • • (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 ~tIU OKE F. C: FI (7 RCi' f7 D. rVf ;;i F`A LM [3E~r H, f'L A. s~no^ JOIINSTON +~~``, F'R tk F2ANfJ0 LPII ~fi0 OKE EC; IiO^F[ RO. lv l" ;1 PALM I7F ACFI, t'I. A. ssno2 i • 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 ~I purposes and shall not have attached thereto any service connection ';lines except as may periodically be required to maintain the equip- ! 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) I ~ , • L 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 ato ~ic~ecHOerr_ r3 o. ~~ _' 6V1-ST PALM CAC H, FI_A. ~ ~ , _, 3J4U2 ~~ ~ \ ~. ! ~/ ~ ~ ~ ~ l ~ ~ illa~e Clerk