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Home My WebLink AboutDocumentation_Regular_Tab 08A_07/14/1994 ;"' VILLAGE OF TEQUESTA Post Office Boz 3273 • 357 Tequcsta Drive I� I ' Tcyuesta, Florid.a 33469-0273 • (40� 575-6200 � * � � � Fax: (407) 575-6203 �� t 'o ., t 'C M COUM�, . l�i-iil�lOi�l11 \ L V l�i• TO: Village Council �-- F'ROM: Thomas G. Bradford, V�llage Manager / �9� DATE: July 8, 1994 • SUBJECT: Ordinance Prohibiting Parkinq of Vehicles, etc. on Swales; Aqenda Item At the Village Council Meeting in June, the Village Council voted to prohibit parking of vehicles, etc. on the swales of all streets within the Village and not just Tequesta Drive and Country Club Drive. The Village Council also requested the Chief of Police to conduct a survey of the community to determine how many areas would be impacted by this Ordinance. The Chief of Police' survey and recommendations are attached for your consideration. The following is recommended for consideration by the Village Council should you proceed with such an Ordinance applying throughout the Village: 1) The Ordinance should be amended so that it is legal for a person to park their permitted vehicle within that portion of , the driveway lying within the "swale area". 2) As you can see from the Chief of Police' survey, 65 single- family properties would be impacted by such a parking ban. Multi-family and some commercial properties would also be effected. You should be absolutely certain that this is what is wanted prior to proceeding with the same. 3) I believe that the Chief of Police' recommendation is a good compromise in that he feels that the prohibition should apply only to the major designated thoroughfares. However, Seabrook Road would have the Good Shepherd Church and Gallery Square South to contend with. In the future, should complaints and problems associated with parking in the swale within residential areas become such that attention is warranted, then you could prohibit it within the.remaining areas of the Village. Therefore, I recommend that you, bring this Ordinance back for second and final reading at your next meeting, with the Ordinance re-written to allow vehicle parking within driveways located within "swale areas" and limiting the blanket prohibition to those � thoroughfares indicated by Chief Roderick. TGB f krb flr•. ��'IPd P:7nrr - '- '�. . � °�� ' :GE OF � .JESTA ��F�� °D J � : ^ ^ !99�t N .AGE � I�. �AGER S ��Fic� ;�w TO: Thomas G. Bradford, Villaqe Manaqer � FROli: Carl R. Roderick, Chief of Police �'� ` D1�Tg: June 29, 1994 SQBJgCT: Parking Prohibition, within SWale Area. Attached is a survey date June 22, 1994, that t�as completed bp Sergeant R. Garlo during the late eveninq hours. As requested, the list indicates vehicles that are parked in front of homes in the swale area as well as those parked on the paved portion of driveways that traverse village swale riqht-of-way. At his point in time, I suqqest that the ordinance go torward with a restriction on all desiqnated local "Collector" roads such as Tequesta Drive, Country Club Drive, Riverside Drive, Countp Line Road, and Seabrook Road which is a"Local" street designation but carries a high traffic flow. I feel that further studies need to be done on the impact of this o,rdinance before all villaqe streets are subject to it. TU: CHIEF F7pERICK FROM: S�T GAPLO • DATE: JuNE 22, 1994 REF SWALE PARKING SURVFY �CARS PARKED IN DRIVEWAYS STREET CARS PAPKED ON SWALE ENCROACHING ON SWA�E AREA AZALIA CIRCLE � . BAYVIEW RO � BAYVIEW TERR � �EACON ST 3 CAMELIA CIRCLE � CHESTNUT TRAIL 3 CHURCH RD � COUPJTRY CLUB DR 1 DovER Ro 4 . EVERGREEN AVE � ' FRANKLIN RD � GOLFVIEW DR 4 HICKORY HILL RD 3 LEIGH RD � � MARS AVE 2 OAKRIDGE LN � � PINEHILL TRL W 2 PINETREE CIRCIE 2 RIOGEWOOD CIRCLE 12 RivE� DR 1 3 SATURN AVE � 'I , SHRDY LN 1 SHAY PLACE 3 TEQUESTA CIRCLE 1 VENUS AVE 2 . Z WILLOW RD 4 YACHT CLUB PL 1 1 TOTAL. 3� 34 STREETS ARE LlSTED ALPHABETICALLY. THOSE STREETS NOT LISTEO , WERE WITHOUT VIOLATIONS. • (� �, JONES, FOSTER, JOHNSTON & STUBBS, P. A. ATTOfWEVB AND COUNSELQRB �LER CENTER TOWEq . dOb BOUTH FLAOLER DRIVE � �; � ') �v�n� �ooa -• . ,/ � u�. e�xasnEp ,io►�N ewn �roea�c�,� P. O. BOX �7b �' � . I1f _j �� Nar r. uue� s+eo.rtN � �txu+r ��a+N e� a�wooivEi,M WE8T PI1W BEAGI. FlOR10A �.7102-347 �` ' �� °� +b+•+w iwKEr EUwtpn� A�Cf A CONw�r Jp+N C NAU (IOn A69ti1000 � � ALLMOM.IOMMTOM MMIGQNET L COO�fA AMOREW NOSt �� "' /NLIN� FAX: (40�a32-1�64 �,wna EOw�D �A2 .TEVEN � �10,MIµ j�� ..• �BECCA O OOAKE VETEF A 8ACN8 �� ' �f �a�.,w CMWSTOiMEH S plRE p CULVER SYITM m j� Mw SCOS7 Q NAwKrws S�p+Er A S�u888. �a {� Lhff C. MiOIfE T�QANTON M MENpr KIEN R. TO4UN80N r• �y� �� v �� • tf7�•1Ml VETEq S MOLTOM JpIN 9 TR�YOEA /�� MAie( 8 7CLEINFELD YK;I/AEL V WAL9N WRITEqS OIAECT UME• � R � • !r NETINEO M�P�AEL T. KiUM2 N ADAMB WEAVER • � OFF/CE $ .a � � � 4 MARTqI iUWAt�At� S q June 13, 1994 Mr. Thomas G. Bradford Village Manager Village of Tequesta • Post Office Box 3273 Tequesta, Florida� 33469 RE: Village of Tequesta Ordinance Prohibitinq parkinq Within Swale Areas Our File No. 13153.1 Dear Tom: Pursuant to the direction of the Villaqe Council I have amended the ordinance prohibitinq parkinq within swale areas in the manner and form attached. since'rely, JONES, TER, JOHNSTON & STUBBS, P.A. hn . Randolph JCR/ssm . Enclosure oxnixr�rtcs �o. AN ORDINANCE OF THE VILI.AGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 11.5 OF THE CODE OF ORDINANCES AT SECTION 11.5-21 RELATING TO THE PROHIBITION OF PARKING OF VEHICLES, BOATS, MACHINERY, ETC. ON �'lNPA'VED SWALES � EA,S mz+n rfrr'r'C�': �V, r nv ""'itiY'' . . ADJACENT TO -:-asr�&�1irr-�:��n�l'3$ £1�t��F£�?�I$�±�\�;;:;"�.:: WITHIN THE VII.LAGE; PROVI�7TNG�� ERMZTS; PROVIDING FOR EXCEPTIQNS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; 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 of the Code of Ordinances is hereby amended at Section 11.5-21 to read as follows: "8ec. 11.5-Z1. Parkinq ot vehicles, boats, machinerp, etc., on svales prohibited, where. (a) It shall be unlawful to stand, stop or park any motor vehicle, boat, trailer, or machinery upon the ��.:.::.::.:.:.:x.::e �.#��:::::;swale areas adjacent to ' ��::::. . ,: .>.- ..,,,.;.,. ... „ �'`',_��:�N;s^��ee�� within the corporate limits of the village unless"�a permit has been granted by the village which permit, if qranted, shall be visibly displayed on the inside of the driver's side windshield of the vehicle. (b) An owner of property contiguous to a swale area ad j acent Ee� e�.��—�i�e—e�--�Feq�es�� ^-� -.��'�:�� ..-< ...,.. �:��s, may obtain from the village through its poliae c��epartment a temporary permit to allow parkinq within the swale areas for a temporary period of time not to exceed twenty-four (24) hours. (c) This provision shall not apply to the followinq vehicles which are exempted from the terms of this ordinance. (1) Emergency or service vehicles of the Village , . of Tequesta or other government agencies in the performance of a service in the area in which the vehicle is parked. (2) Service vehicles such as landscape maintenance vehicles, plumbers, electricians, or other • •rr,.�:�.�s •+v,.�.�� i iJf/.i `:• 'fsTl/.F:\.�:ir +�� :�n/�� i/nsy,sa:ta;F:yr: Ms:^.��:`2: contractors a��C��;�:.a�:: a��n�:::;:��:-, :�:�:e'<:�;��.��?i'y:�� - ::•:�re.•:.::::.�::::....: ..��: . ��.:-.:::r..;.;. • �•y7_f...: �' <i�+.... • �:.\:: :_fir/•:e;:x<:.;.;r.••.::.::.;•..:o.: .; . ...,:: . rf 2::.:. r. #��„��c�Z:::.;�o�:�:>:��:��s:::�::laeiri'�` � . parked : t x. u: �!. r'>. frv : m i -a : •r:.: :. x �e� i : •,'.'::. f :� .i\\ � : ; a : : : � :: �\ \� � . �r.: � . ��:... ....Y , �fii::; �\\Si�ii. i : v/1�/. during the actual time work is beinq performed . (d) The owner of any such vehicle found quilty of violatinq the provisions of this section shall be subject to the general penalty provisions of the Village Code of ordinances.�� Section 2. Severability. If any provision of this C?rdinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of thi� 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 Village of Tequesta. � Section 5. Effective Date. This Ordinance shall take effect immediately upon its passaqe and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember , who moved its adoption. The Ordinance was seconded by Counc lmember and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION 2 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\SVALE.PAR 3 ORDINANCE �O. AN ORDINANCE OF THE VILI,P�GE COUNCIL OF THE VILLAGE OF TEQUESTA, PAI1rI BEACH COUNTY, FLORIDA, AMENDING CHAPTER 11.5 OF THE CODE OF ORDINANCES AT SECTION 11.5-21 RELATING TO THE PROHIBITION OF PARKING OF VEHICLES, BOATS, MACHINERY, ETC. ON UNPAVED SWALE AREAS ADJACENT TO PUBLIC STREETS WITHIN THE VILLAGE; PROVIDING FOR PERMITS; PROVIDING FOR EXCEPTIONS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERP,BILITY; PROVIDING FOR REPEAI, OF ' ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; 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 of the Code of Ordinances is hereby amended at Section 11.5-21 to read as follows: , "Seo. 11.5-21. Parkinq ot vehicles, boats, machinery, etc., on swales prohibited, where. (a) It shall be unlawful to stand, stop or park any motor vehicle, boat, trailer, or machinery upon the unpaved swale areas adjacent to public streets within the corporate limits of the villaqe unless a permit has been granted by the village which,permit, if granted, shall be visibly displayed on the inside of the driver�s side windshield of the vehicle. (b) An owner of property contiguous to a swale area adjacent public streets may obtain from the village through its police department a temporary permit to allow parking wit�in the swale areas for a temporary period of time not to exceed twenty-four (24) hours. (c) This provision shall not apply to the following vehicles which are exempted from the terms of this ordinance. � (1) Emergency or service vehicles of the Village , of Tequesta or other government agencies in the performance of a service in the area in which the vehicle is parked. (2) Service vehicles such as landscape maintenance vehicles, plumbers, electricians, or other contractors parked adjacent to the residence at which work is being performed when parked . during the actual time work is beinq performed. . (d) The owner of any such vehicle found guilty oP violating the.provisions of this section shall be subject to the general penalty provisions of the Villaqe Code of Ordinances." �ection 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 given 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 Village of Tequesta. Section 5. Effective 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 beinq put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION 2 � 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\S11ALE.PAR 3