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Home My WebLink AboutDocumentation_Workshop_Tab 04_03/13/2014 ORDINANCE NO. 41-13 AN ORDINANCE OF THE VII.LAGE COUNCII. OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VII.LAGE CODE OF ORDINANCES AT CHAPTER 46. MOTOR VEAICLES AND TRAFFIC, AT ARTICLE III. PARHING, STOPPING OR STANDING, BY CREATING AN ENTIRELY NEW DIVISION 2. TO BE ENTITLED �PARKING OF COMN�RCIAL VEffiCLES, TRUCKS AND RECREATIONAL VEHICLES"; RELOCATING AND UPDATING SAID REGULATIONS FR�M CHAPTER 78 ARTICLE IX, DIVISION 11; AND ALSO RELOCATING AND UPDATING RELEVANT DEFINITIONS F`ROM CHAPTER 78 ARTICLE 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 11; and also relocating relevant definitions from Chapter 78 Article I, a11 in order to organize and consolida.te the Village's vehicle related codes; and WI�REAS, 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 aud traffic ordina.nce as stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE VII,LAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: Chapter 46. Motor Vehicles and Traffic. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article IlI. Parking, stopping or standing, by creating au 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 tha.t Chapter 46 Article III shall hereafter read as follows: ARTICLE III. - PARKING, STOPPING OR STANDING ---- - -- -- - -------- ------ ---�_ ��_ IVI ON 1. GENERAi I,V � Sec. 46-61. - Parking violation fiaes. Sec. 46-62. - Pazking on swales. Sec. 46-63. - Parking on Tequesta Oaks Drive. Sec. 46-64. – Off street parkin�general. Secs. 46-65-46-6� 19. - Reserved. Sec. 46-62. - Parlang on swalec. (a) It sha11 be unlawfiil to stand, stop or park any motor velucle, boat, hailer, or machinery upon the swale areas adjacent to Tequesta Drive within the corpora.te limits of the village. (b) It sha11 be unlawful to stand, stop or pazk any motor velucle, boat, trailer, or machinery upon the unpaved swale areas adjacent to Country Club Drive, Riverside Drive, County Line Road and Sea.brook Road withi.n the village between the hours of 1:00 a.m. and 6:00 am. (c) The owner of any such vebicle found guilty of violating the provisions of this section sba.11 be subject to punishment in accordance with section 1-14 and the parking violation fines as set forth in section 46-61. Sec. 46-63. – Parking on Tequesta Oaks 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 betweea the hours of 1:00 a.m. and 6:00 a.m. (6) The owner of any such vehicle found guilty of violating the provisions of tlus sectioa 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 parlang in general. The requirements of Chapter 78, Article X regazding off street parking shall be complied with, as applicable, throughout the Village. Secs. 46-65--46-69 lA. - Reserved. IVISION 2. P�RKiN(3 OF CONIlVIERCiAi. VEHICLE3, TRUC �.I S AN1� CREATIONAL VEHICLES ----_ __--- --- ------------ - ------------ -- ec.46-70. Purnose. Sec.46-71. Definitions. ec. 46-72. Parkin� of certaiaa commercial vehicles and trucks nrahibited in residential areas. 2 '• ' i !, � -�: i �u-t� -�-- ' .�� 2 ��, -� � ' ' ._�t � � . Y � --- ---- s � � ! ' � � � ' �_: � � �� ' - � : i � � � . - � � � - . � � �� •` �- �..,_i! -� -��-� I , ' ' � ---- ------ '� '� •i �- -�� _ 2 . '_ ! � _ . �. _� � � . . �- �.�l - � i- - ,� �� - �_- � � �i" " �- �-� i.�: � �- - �-� __�i � � Y�_. � �." !._ . �- .��. 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" � 1 � � � 2 1 �� ' 1 { 1 � 1 � " � � r�uck means anv motor vehicle desi�ned. used. or maintained for transnartin� or eli ering nronertv or material used in trade or cc�mmerce in �eneral. includin� anv motor ehicle havins snace desi�ned for and canable of carrvins nronertv. car�o, or b �a.��a1 and which snace is not occunied bv nassen�er seatine but sball not include assen�er vans or nanel vans with side nassengez wi ndows and arear nassenger seats. oar s�wrt utilitv vehicles such as Jeen Grand Cherokee and si.n�ilar vehicles, Vehicle means anv self-nronelled convevance designed for and used for the ��2se of transnortin� or movin� nersons. a.nimals, frei�ht merchandise. or anv stance. and shall include �assen�er cars. trucks. buses. motorcvcles. and scooters. and �ecreational vehicles. ec. 46-72. Par� of certain commercial vehicles and trucks nrohibited 'ur residential � � No commercial vehicles or trucks over tkiree-auarters ton rated canacitv mav be taarked on anv nronertv oz risht-of-wav within a residential area. subiect to the excentioas listed below. � For nurooses of this division. resident�al azeas include all azeas within the villa.Ee er than C-1, C-2. C-3. and R/OP. �c This restrictian sha11 not �nlv to the temnorarv. da.vtime nazki.n� of such vehicles nrivate nronertv in residential districts unon which construction is underwav d for which a current and valid buildin� p ermit has been issued by the villa.�e such nermit is nronerlv disnlaved on the nremises. � This restriction shall not annlv to routine deliveries bv tradesmen or the use of ercial vehicles or trucks in makin� service calls, nroviding tha.t such time neriod is actuallv in the course of business deliveries or servicin�, as the case mav � � This restriction shall not a�nlv to the narking of emer�encv vehicles, nravided t the time nazked is a.ctuallv necessarv for the emer�encv. Further, the r striction shall not annlv to volunteer emer�encv vehicles driven bv residents of e villa�e and narked on their nronertv. � This restriction shall not aa�nlv to a sxtuation where such vehicle becomes disabled d. as a result of such emereencv. is reauired to be narked within a residenh 'strict for lon�er than the time allowed. ia this sectian. However, anv such ehicle shall be removed from the residential district within 24 hours bv wrecker tawin�. if necessarv. regazdless of the naiure of the emergencv. and the cost of uch towing shall be at the exnense of tl�e owner of the vehicle. Sec. 46-73. Parlane of certain commercisl vehicles, hvcks and recreational velucles in R 1 -2 and R-3 districts. ommercial vehicles. irucks and trailers of not over three-auarters ton ra.ted canacitv. and recreational vehicles. narked on a lot containin� a single-familv residence in_R-1. R-2 and R-3 zonin� districts within the village. shall be narked subiect to the followin� conditions: 1� The velucles and eauinment narked D»��Ant t0 this section must be owned bv and used nrimarilv bv a resident of the Dremises; nrovided. owever, that a Quest of the resxdent of the nremises mav nark suc� 4 vehicles and eauinment in the drivewav for not more than three consecutive davs in anv �-dav neriod. For the nurnose of this subsection, an nart of a 24-hour neriod, measured from midni�ht to midnisht. shall be considered as one dav. 2�1 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 _sicie Xard where the e ui ment is l ocated; rovided. however, that such eauipment is screened on at least three sides against direct view from abuttin� properties. Boats on trailers shall be -- - -- — screened to the ton of the gunwale. E9�`t��3 " �cmg^--mia �2�6�--6�-�fi�}9�-c0 E`Xccc�t'dkx^v7@c'�`'.�nR��i^v iir=ci rir�6�$��ii$ ��seEt�s��e� This subsection is not to be construed as reauirin� screenin� from direct view from the street in front of the lot. 3� Any of the vehicles o e� i�ment d in this secti mav be barked in a nrivate �ara�e or caroort w,hich is screened on three sides; brovided, however. that no nortion 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 eauipment shall be in usable condition at all times. 5� All vehicles and eauipment t�arked nursuant to this section shall at all times have attached a current vehicle re�istration and/or license nlate as re uired bv law, and if reauired, a current insnection sticker. � No maior renairs or other work on anv vehicles or eauibment �_,� shall be made or performed while such vehicles or eauibment are narked nursuant to this section. .�7 When narked on the site. vehicles and eauinment narked nursuant to this section shall not be used for livin� or sleenin� auarters or for housekeenin� or stora�e nurooses and shall not have attached thereto anv service connection lines. except as mav neriodicallv be reauired to maintain such vehicles and eauinment. 8� No vehicle or niece of eauipment narked nursuant to this section mav 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 eauinment mav be varked 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 nieces of eauipment reeulated bv this section mav be narked on anv one residential lot at anv one time. l�0 The excentions set forth in section 46-72 shall be annlicable to the vehicles and eauinment narked nursuant to this section and shall not count toward the two vehicle limit. l�l The provisions and conditions set forth in this section are not intended to re�ulate the oarkins of �� °;m;'�r +��°° ^� vehicles onlv 5 used for nersonal transnortation and not used or intended to be used for commercial nurooses. 1�2 In the case of doubt as to the t�roner classification of a snecific 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 nrima facie evidence of such determination. Sec 46-74 Parkin� of certain commercial vehicles and recreational vehicles in the R-lA district• Commercial vehicles. trucks and trailers of not over three-auarters ton rated ca acitv, and recreational vehicles. narked on a lot containin� a sin�le-familv residence in R-lA zoning district within the villa�e, shall be narked subiect to the followin� conditions: 1� The vehicles and eauipment narked nursuant to this section must be owned bv and used nrimarilv bv a resident of the nremises: nrovided. however. that a euest of the resident of the nremises mav nark a motor home in the front drivewav for not more than 24 hours in anv 30-dav �eriod while the owner or driver thereof visits the home of the lot owner. 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 eauioment is located; provided. however. that �u�h eauinment is s creened 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 ton of the �unwale. �� *'�° m°^^°r �ese-r�l�e�-� t�seet�e�-�e�se�Te�se�1T-a��e�-te ce� #e�ge-��^��ese�r-e€€eEt�=e-ss�ee�--�-�e�se�l�� „ o ooa +...,, < ��,,,�� ,,,,+ �,o ; „�„+;,,,, ��.�,;� no,.�;,,� , ° �, . 3� Anv of the vehicles or eauinment described in this section mav be narked in a nrivat� gara�e which is screened on three sides; nrovided, however, that no nortion of the vehicle or eauinment shall extend bevond the roofline. �4 All vehicles and eauinment narked oursuant 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 eauinment oarked 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 insnection sticker. 6� No maior renairs or other work on anv vehicles or eauinment �1-� shall be made or performed while such vehicles or eauinment are narked nursuant to this section. �7 When narked on the site. vehicles and eauinment narked nursuant to this section shall not be used for livin� or sleenin� auarters or for housekeenin� or stora�e nurooses and shall not have attached thereto anv 6 ��v�_ce connecrion lines. excent as mav veriodicallv be reauired to �ntain such veUicles and eauiAment. �8 No vehicle or niece of eauinment narked nursuant to this section may be �r�ed in the azea between the s treet lot Iine and the structure or in the ' t-of-wav in frant of the structure: however. one such vehicle or niece eauinment ma,v be nazked in the frant drivewav for a cumulative neriad at exceedine four hours in anv one 24-hour neriod. �9 o more than two vehicles or nieces of eaui�ament re�ulated bv this ction mav be Daxked on anv one residential lat at anv one time. l 0 e excentions set forth in section 46-72 shall be annlicable to tbe vehicles and eauinment narked nursuant to this section and shall not count toward the two vehicle limit. 1�.1 e nmvisions and condxtions set forth in this section are not ' tended. to regulate the nazking o vehicles onlv for nersonal tiansnortati.on and not used or intended to be used foz c ercial numoses. 1�2 Jn the case of doubt as to the nrouer classification of a snecific v'cle under the terms of this section. the determination bv the state motor vehicle commissian sbaJl be cantrolling. The bodv descrintion and cl ' cation on the motor vehic�e certificate of title shall be nrima facie evidence of such determination. Sec. 46-75. Off-street narl�ng reauirements. Vehicles and eauiument re�ulated. bv this division that aze nazked on vronertv not in a ri�ht-of-wav must be narked on a desienated nazkin� area nursuant to the narkin� snace eauirements of Secs. 78-692 and 78-693. ��. 46 Waivers. v nart or the whole of this division may be waived bv the villa�e councxl on the _fi_li�n of a written annlication for such action settin� forth the reasons for the reauest. uch a�lication must set forth a hardshin on the nart of the annlicant and granting of the e bv the villase council must be based on the hardshin. No waiver eranted nursuan to this section mav violate or in anv wav be contrazv to anv reauaremeat of Chanter 78 'cle XII. Flood Da.ma.�e Prevention. ecs. 46-77--46-90. Reserved. Section 2: Each and every other Section and Subsection of Chapter 46. Motor Vehicles and Traffic. shall rema.in in full force and effect as previously adopted. Section 3: All ordina.nces or parts of ordinances in conflict be and the same aze hereby repealed. 7 Section 4: Should any sectioa or provision of this Ordinance or any portion thereof, any pazagraph, sentence or word be declared by a court of competent jurisdiction to � invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 5: Specific authority is hereby granted to codify this Ordina.nce. ection 6: This Ordinance sha11 take effect immediately upon passage. 8