HomeMy WebLinkAboutDocumentation_Regular_Tab 24_10/10/2013 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: 41-13
10/10/13
Consent Agenda: No Resolution #:
Originating Department: Attorney
� � � • • • • C - • • -s•
ORDINANCE 41-13, FIRST READING, AMENDING THE VILLAGE CODE OF ORDINANCES �T
CHAPTER 46. MOTOR VEHICLES AND TRAFFIC, AT ARTICLE III. PARKING, STOPPING OR
STANDING, BY CREATING AN ENTIRELY NEW DIVISION 2. TO BE ENTITLED "PARKING OF
COMMERCIAL VEHICLES, TRUCKS AND RECREATIONAL VEHICLES"; RELOCATING AND
UPDATING SAID REGULATIONS FROM CHAPTER 78 ARTICLE IX, DIVISION 11; AND ALSO
RELOCATING AND UPDATING RELEVANT DEFINITIONS FROM CHAPTER 78 ARTICLE I-
Village Attorney Davis
� . . -.
Account #: Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: Appropriate Fund Balance:
_ _ __ _
� ' � � � � � lA`.;- �w r��=%�q . (Jk, �1;1;I�.J��K'i4ilr D��p l�l�lt �;tl)�l`11��';, l 17�1:�:
� . � � .
Department Head �,yy�'°� �"�� �t� d�' G�!
Finance Director _
Reviewed for Financial Sufficiency ❑ � � �i
� / `,
No Financial Impact 0 1_ .
Attorney: (for legal sufficiency) ; '
Village Manager:
Submit for Council Discussion: [�"" �!�(�� G��� h
A rove Item: - I � �
pp ❑
Deny Item: �
' � • ' `' (;Ili�� �����,lu,� • - . • - - - • - • • - - • • - -
• - • • • - • • - • . • tf��;; ,, �� , ��.j'K��M� - - - • -
Form Amended: 7/12/12
ORDINANCE NO. 41-13
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,
AT ARTICLE III. PARKING, STOPPING OR ST.ANDING, BY
CREATING AN ENTIRELY NEW DIVISION 2. TO BE ENTITLED
"PARKING OF COMMERCIAL VEHICLES, TRUCKS AND
RECREATIONAL VEHICLES"; RELOCATING AND UPDATING SAID
REGULATIONS FROM CHAPTER 78 ARTICLE IX, DIVISION 11; AND
ALSO RELOCATING AND UPDATING RELEVANT DEFINITIONS
FROM CHAPTER 78 A.RTICLE I; 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, Article III. Parking, stopping or
standing, by creating an entirely new Division 2. To be entitled "Parking of Commercial
Vehicles, Trucks and Recreational Vehicles", and relocating and updating applicable regulations
from Chapter 78 Article IX, Division 1l; and also relocating relevant definitions from Chapter
78 Article I, all in order to organize and consolidate the Village's vehicle related codes; 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 at Article III. Parking, stopping or standing, by creating
an entirely new Division 2. To be entitled "Parking of Commercial Vehicles, Trucks and
Recreational Vehicles"; relocating and updating said regulations from Chapter 78 Article IX,
1
Division 11; and also relocating relevant definitions from Chapter 78 Article I; providing that
Chapter 46 Article III shall hereafter read as follows:
ARTICLE III. - PARKING, STOPPING OR STANDING
��VIS N 1 GENERALLY
Sec. 46-61. - Paxkin�violation fines.
Sec. 46-62. - Parking,.on swales.
Sec. 46-63. - Parkin� on Tequesta Oaks Drive.
Sec. 46-64. – Off street_parking in eg neral•
Secs. 46-65-46-69 �9. - 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 46-51.
Sec. 46-63. – Parking on Tequesta Oal�,s Drive.
(a) It shall be unlawful to stand, stop or park any motor vehicle, boat, trailer or
machinery upon any portion of Tequesta Oaks Drive within the village between the
hours of 1:00 a.m. and 6:00 a.m.
(b) 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
violations fines as set forth in section 46-61
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. 46-65-46-69 99. - Reserved.
D��l.�N 2 ARKIN OF COMMFRCIAI VEHTCLES TRUCKS AND
R C FATiON I VEHICLF�
Sec.46-70. Purnose
�ec 46-71 Definitions
�ec 46 72 Par 'n� of certain commercial vehicles and trucks nrohibited in residential areas
2
Sec 46-73 Parkin� of certain commerc vehicles and recreational vehicles in R-1, R-2 and
R-3 distri
Sec 46-74 Parkin� of certain commercial vehicles and recreational vehicles in the R-lA
district.
Sec. 46-75. Off-street narkin� reauirements.
Sec. 46-76. Waivers.
Secs. 46-77---46-90. Reserved.
Sec. 46-70. Purpose.
The aumose of the re�ulations in this division is to nrotect the nublic welfare
preserve the residential character of the residential zonin� districts of the villa�e, and
enhance the aesthetic anneal of the villa�e.
Sec.46-71. Definitions.
The followin� words, t erms and nhrases, when used in this division. shall have the
meanin�s ascribed to them in this section, excent where the context clearlv indicates a
different meanin�:
Carnort means st�ace for the housin� or stora�e of vehicles and enclosed on not
more than two sides b�walls. v
Commercial vehicle means anv vehicle of anv natur which is used or desi�ned or
intended to be used for hire or in the furtherance of commerc work or fo profit. Anv
vehicle that has commercial letterin�, markin�s or advertisin� shall be considered to be a
commercial vehicle unless the letterine, markin�s or advertisin� is on a removable si�n
which is removed when the vehicle is park
Gara�e, brzvate means a buildin� or space used as an accessorv to or a nart of a
main buildin� nermitted in anv residence district and nrovid for the stora�e of motor
vehicles and in which no business, occunation or service for profit is in anv wav
conducted.
Motor� home. See Travel trailer.
Recreational vehicle means a vehicular tvpe unit primarilv desi�ned _for
— ---�— - -- . -
recreational camni or tr avel use, which either has its own motive oower or is mounted
on or drawn bv another vehic The basic entities are t ravel trailers, cambin� trailers,
_.__ _-
truck campers, buses, mo tor homes, boats, boat trailers, nrivate motor coaches. van
conversions bark trailers, fifth wheel trailers and all-terrain vehicles (ATVsI.
T�ailer means a sen arate vehicle not driven or aropelled bv its own nower but
-- --- —
drawn bv some indene ndent power to include anv nortable or movable structure or
vehicle includin� trailers desi�ned for livin� auarters, offices, stora�e, or for movin� or
haulin� frei�ht, eauipment, animals. or merchandise of anv kind, includin� boats, boat
trailers swamn bu half-trucks and the like.
Travel tr•ail means anv vehicle or structure desi�ned and constructed in such
-- -- ._ _
manner as will nermit occupanev thereof as sleet�in� auarters for one or more nersons,
and so desi�ned that it is or mav be mounted on wheels and used as a convevance on
streets or hi�hwavs, nronelled or drawn bv its own or other motive power. Such vehicles
or stnictures shall have a bodv width not exceed ei�ht feet, and mav be of anv len�th
nrovided the �ross wei�ht does not exceed 4,500 nounds, or mav be of anv wei�ht
provided the bodv len�th does not exceed 29 feet.
3
Truck means anv motor vehicle desi�ned used or maint for transnortin� or
deliverin� probertv or material used in trade or commerce in �eneral, includin� a nv motor
vehicle havin� space desi �ned for and canable of carrvin� bronertv, car�o, or bulk
— - - _ _ ---
material and which snace is not oc c un ied bv bassen�er seatin� but shall not include
passeneer vans or aanel vans with side nassen�er windows and rear bassen�er seats, or
snort utilitv vehicles such as Jeep Grand Cherokee and similar vehicles.
Vehicle means anv self-pronelled convevance desi�ned for and used for the
puraose of transportin� or movin� nersons animals frei�ht merchandise or anv
substance and shall include nassen�er cars trucks buses motorcvcles and scooters and
recreational vehicles.
Sec 46-72 Parkin� of certain commercial vehicles and trucks nrohibited in residential
ra eas•
�a No commercial vehicles or trucks over three-�uarters ton rated ca�acitv mav be
parked on anv bronertv or ri�ht-of-wav within a residential area, subiect to the
excentions listed below.
b� For burooses of this division. residential areas include all areas within the villa�e
other than C-1 C-2 C-3 and R/OP.
� This restriction shall not applv to the temnorarv, davtime parkin� of such vehicles
on nrivate brot�ertv in resi ential districts ubon which construction is underwav
and for which a current and valid buildin� nermit has been issued bv the villa�e
- ---.______.. ___ _
and such nermit is pronerlv disblaved on the nremises.
d� This restriction shall not anblv to routine deliveries bv tradesmen or the use of
commercial vehicles or trucks in makin� service ca lls, nrovidin� that such time
beriod is actuallv in the course of business deliveries or servicin�, as the case mav
be.
�e This restriction shall not anvlv to the barkin� of emer�encv vehicles, nrovided
that the time narked is actuallv necessarv for the emer�encv. Further, the
restric shall not apnlv to volunteer emer�encv vehicles driven bv residents of
the villa�e and barked on their nrot�ertv.
�f This restriction shall not abblv to a situation where such vehicle becomes disabled
and, as a result of such emer�encv, is reauired to be narked within a residential
district for lon�er than the time allowed in this section. However, anv such
---- __
vehicle shall be removed from the residential district within 24 hours bv wrecker
towine, if necessarv, re� ardless of the nature of the emer�encv, and the cost of
such towin� shall be at the exnense of the owner of the vehicle.
Sec. 46-73. Parkin� of certain commercial vehicles, trucks and recreational vehicles in R-l.
-- _ ----- --- -- -- __
R-2 an�l R-3 districts.
Commercial vehicles, trucks and trailers of not over three-auarters ton rated
ca�acitv, and recreational vehicles. narked on a lot containing a sin�le-familv residence
in R-1, R-2 and R-3 zon in� districts within the villa�e, shall be narked subiect to the
-- _ _--
followin� conditions:
.1� The vehicles and eauibment barked nursuant to this section must be
owned bv and used t�rimarilv bv a resident of the bremises; nrovided,
however, that a�uest of the resident of the nremises mav bark such
4
vehicles and eauiument in the drivewav for not more than three
consecutive davs in anv 14-dav beriod. For the nurnose of this subsection,
anv nart of a 24-hour period, measured from midni�ht to midni�ht, shall
be considered as one dav.
�2 The location for such narked vehicles and eauinment shall be in the rear
vard or in the side vard to the rear of a line established bv the front
buildin� line adiacent to the side vard where the eauibment is located;
-----�---- - _ _ _ .
provided, however, that such eauinment is effectivelv screened on at least
three sides a�ainst direct view from abuttin� nroperties. Boats on trailers
shall be screened to the toa of the �unwale. ^�° '�^ r°°°^^�'�'��
+ � i • ,a •�, ,� • ��.• �, �• �,
u���cv �l. .��c civzr
�ease���iec�-e�t-�te �te e�Eeea--t-��--�e��s�i� �* '��
^��*;�r ��*'�;° �„'�°°�*;�� �' This subsection is not to be construed
as reauirin� screenin� from direct view from the street in front of the lot.
3�1 Anv of the vehicles or equinment described in this section mav be narked
in a nrivate �ara�e or carnort which is effectivelv screened on three sides•
rovided, however, that no portion of the vehicle or eauinment shall
extend bevond the roofline.
�4 All vehicles and eauinment narked nursuant to this section, and the _area
utilized for narkin� shall be maintained in a clean, neat and nresentable
manner. and the vehicles and eauinment shall be in usable condition at all
times.
5� All vehicles and eauiument barked nursuant to this section shall at all
times have attached a current vehicle re�istration and/or license nlate as
reauired bv law. and if reauired, a current inst�ection sticker.
�6 No maior renairs or other work on anv vehicles or eauinment ,.,�
„°*;*„*°� °;*'�°r �,.'�';� � �°+° ,� ° shall be made or performed
while such vehicles or eauinment are narked pursuant to this section.
�7 When narked on the site, vehicles and eauipment barked bursuant to this
section shall not be used for livin� or sleenin� c�uarters or for
housekeenin� or stora�e burnoses and shall not have attached thereto anv
service connection lines. excent as mav neriodicallv be reauired to
maintain such vehicles and eauinment.
�8 No vehicle or niece of eauinment narked nursuant to this section mav be
barked in the area between the street lot line and the structure or in the
ri�ht-of-wav in front of the structure; however, one such vehicle or niece
of eauibment mav be narked in the front drivewav for a cumulative neriod
not exceedin� four hours in anv one 24-hour neriod.
�9 No more than two vehicles or aieces of e�uipment re�ulated bv this
section mav be narked on anv one residential lot at anv one time.
10 The excentions set forth in section 46-72 shall be anplicable to the
vehicles and eauinment n arked pursuant to this section and shall not count
toward the two vehicle limit.
1�1 The provisions and conditions set forth in this section are not
intended to re�ulate the barkin� of •�^^� ^r �;m;'�r +.,„°� �� vehicles onlv
5
used for bersonal transbortation and not used or intended to be used for
--- ____
commercial nuraoses.
1�2 In the case of doubt as to the nrober classification of a sbecific
vehicle under the terms of this section, the determination bv the state
motor vehicle commission shall be controllin� The bodv d e sc rintion and
classification on the motor vehi certificate of title shall be t�rima facie
evidence of such determination.
Sec 46-74 Parkin� of certain commercial vehicles and recreational vehicles in the R-lA
distric
Commercial vehicles trucks and trailers of not over three-auarters ton r ated
capacitv, and recreational vehicles, barked on a lot containin� a sin�le-familv residence
in R-lA zonin� district within the villa�e, shall be �arked subiect to the followin�
conditions:
1� The vehicles and eauinment narked nursuant to this section must be
owned bv and used nrimarilv b v a resident of the nremises• nrovided
however, that a�uest of the resident of the nremises mav park a motor
home in the front drivewav for not more than 24 hours in anv 30-dav
-- --__. . _ _
period while the owner or driver thereof visits the home of the lot awner.
�2 The location for such parked vehicles and eauipment shall be in the rear
vard or in the side vard to the rear of a line established bv the front
buildin� line adiacent to the side vard where the eauibment is located;
nrovided, however. that such eauinment is effectivelv screened on at least
three sides so as not to be visible from anv roadwav, waterwav, or �olf
course. Boats on trailers shall be screened to the top of the �unwale. �
e aon «i�.oa .r. 4�ic. c+on4ii.r� /� o .z��� r rin���� n�4omrtr to
��t�n .�i � .lon..«:l�orl 41.:�, 0..4:�.� 1��. r�lnr�4ir�n rrl
p�lv cvi cii3 °}c�-civ^�-�0 2Xc@�-�'V��@i3�S� �L,.,11 ,,.�+ L,o ; ..1.��;.,., .,F rl.;�
° '��ccTr ^ vir.
3� Anv of the vehicles or eauinment described in this section mav be narked
in a nrivate �ara�e or carnort which is effectivelv screened on three sides;
nrovided, however, that no nortion of the vehicle or eauibment shall
extend bevond the roofline.
4� All vehicles and eauipment barked pursuant to this section, and the area
utilized for parkin� shall be maintained in a clean, neat and t�resentable
manner and the vehicles and eauinment shall be in usable condition at all
times.
5� All vehicles and eauibment narked bursuant to this section shall at all
times have attached a current vehicle re�istration and/ar license blate as
reauired bv law, and if reauired, a current insnection sticker.
�6 No maior renairs or other work on anv vehicles or eauinment ..,�
^^ °;+� �,.��:^ ^ ,�*° „ ��c°= , °° shall be made or performed
while such vehicles or eauinment are parked nursuant to this section.
�7 When narked on the site, vehicles and eauibment narked nursuant to this
section shall not be used for livin� or sle auarters or for
6
housekeebin� or stora�e nuraoses and shall not have attached thereto anv
service connection lines excent as mav neriodicallv be reauired to
maintain such vehicles and eauinment.
�8 No vehicle or niece of eauipment parked pursuant to this section may be
parked in the area between the street lot line and the structure or in the
ri�ht-of-wav in front of the structure; however, one such vehicle or niece
of eauibment mav be �arked in the front drivewav for a cumulative beriod
not exceedin� four hours in anv one 24-hour period.
--- __ _ --
9� No more tllan two_ v�hi�les or �ieces of e ui ment re ulated_� this
section mav be p arked on anv o residential lo t at anv one time.
�_1_0_� The excentions set forth in section 46-72 shall be apnlicable to the
vehicles and eauin ment narked pursuant to this section and shall not count
toward the two vehicle limit.
� T he provisions and c�nditions set forth in this section are not
intended to re�ulate the_ narkin� of ���„° ^r °�m;'�M +"�°� ^f vehicles anlv
used for oersonal transnortation and_ not used or intended to be used for
commercial burao
1�2 In the case of doubt as to the nroner classification of a sbecific
vehicle under the terms of this section, the determination bv the state
_-
motor vehicle commission shall be controllin�. The bodv descrintion and
classification on the motor vehicle certificate of title shall be prima facie
evidence of such determination.
Sec. 46-75. Off-street narkin� reauirements.
Vehicles and eauinment re�ulated bv this division that are narked on nrobertv not in a
ri�ht-of-wav must be uarked on a desi�nated narkin� area pursuant to the parkin� snace
reauirements of Secs. 78-692 and 78-693.
Sec. 46-76. Waivers.
Anv nart or the whole of th is division mav be waived bv the villa�e council on the
filin� of a written annlication for such action settin� forth the reasons for the reauest.
Such anblication must set forth a hardship on the part of the annlicant, and �rantin� of the
----
reauest bv the villa�e council must be based on the hardship. No waiver �ranted nursuant
to this section mav violate or in anv wav be contrarv to anv reauirement of Chanter 78
Article XII. Flood Damage Prevention.
Secs. 46-77-46-90. Reserved.
Seetion 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.
7
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.
8