HomeMy WebLinkAboutDocumentation_Workshop_Tab 06_06/02/2014 ORDINANCE NO. 41-13 �
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF I � i
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF I
ORDINANCES AT CHAPTER 46. MOTOR VEHICLES AND TRAFFIC, �,
AT ARTICLE III. PARKING, STOPPING OR STANDING, BY
CREATING AN ENTIRELY NEW DIVISION 2. TO BE ENTITLED i�
"PARKING OF COIVIlV�RCIAL VEHICLES, TRUCKS AND �
RECREATIONAL VEHICLES"; RELOCATING AND UPDATING SAID I
REGULATIONS FROM CHAPTER 78 ARTICLE IX, DIVISION 11; AND
ALSO RELOCATING AND UPDATING RELEVANT DEFINITIONS �
FROM CHAPTER 78 ARTICLE I; PROVIDING THAT EACH AND I
EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 46. I
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 I
standing, by creating an entirely new Division 2. To be entitled "Parking of Commercial �I
Vehicles, Trucks and Recreational Vehicles", and relocating and updating applicable regulations I
from Chapter 78 Article IX, Division 11; and also relocating relevant defmitions 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 I
Village amend its motor vehicle and traffic ordinance as stated herein. '�
NOW, THEREFORE BE IT ORDAINED BY THE VILLAGE COUNCIL F T ��
� O HE
VILLAGE OF TEQUESTA, FLORIDA, THAT: I '�,
�
Section 1: 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, I
I, I
I
1
I
I
I
Division 11; and also relocating relevant defmitions from Chapter 78 Article I; providing that
Chapter 46 Article III shall hereafter read as follows:
ARTICLE III. - PARKING, STOPPING OR STANDING I ,
--- - --- - - -- - ---- ---- --
---
- --- ----_ — -
DIVISION 1 CENERALLY � I
I
Sec. 46-61. - Parkin� violation fines. !
Sec. 46-62. - Parking on swales. I ,
Sec. 46-63. - Parkin� on Tequesta Oaks Drive. �I
Sec. 46-64. - Off street parking in e� 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 I
machinery upon the swale areas adjacent to Tequesta Drive within the corporate '�
limits of the village.
(b) It sha11 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
sha11 be subject to punishment in accordance with section 1-14 and the parking
violation fines as set forth in section 46-61. i
Sec. 46-63. - Parking on Tequesta Oaks Drive. II
(a) It shall be unlawful to stand, stop or park any motor vehicle, boat, trailer or I
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 46-51
Sec. 46-64. - Off street parking in general.
The requirements of Chapter 78, Article X regarding off street parking shall be complied �I
with, as applicable, throughout the Village. '
Secs. 46-65--46-69 �A. - Reserved. I I
DIVISION 2 PARKING OF COMI��RCIAL VEHI LE TRUCKS AND
RECREATIONAL VEHICLES
Sec.46-70. Puroose. --- --- ------ -- --- I
Sec.46-71. Defmitions. I
Sec. 46-72. Parking of certain commercial vehicles and trucks nrohibited in residential areas. I
�
I
2
Sec. 46-73. Parkin� of certain commercial vehicles and recreational vehicles in R-1 R-2 and I
R-3 districts. i
Sec. 46-74. Parkin� of certain commercial vehicles and recreational vehicles in the R-lA �i
district. 'i
Sec. 46-75. Off-street narkin� reauirements I
Sec. 46-76. Waivers. �
Secs. 46-77�6-90. Reserved. I
Sec. 46-70. Purnose.
The nurnose of the reQUlations in this division is to nrotect the nublic welfare
nreserve the residential character of the residential zonin� districts of the villa�e and
enhance the aesthetic anveal of the village. I
I
Sec.46-71 Definitions �I
�
The followin� words. terms and nhrases. when used in this division shall have the 'I
meanin�s ascribed to them in this section. excent where the context clearlv indicates a �
different meanin�:
Carnort means sbace for the housin� or stora�e of vehicles and enclosed on not
more than two sides bv walls.
Commercial vehicle means anv vehicle of anv nature which is used or desiQned or
intended to be used for hire or in the furtherance of commerce work or for nrofit Anv I
vehicle that has commercial lettering markin�s or advertisin� shall be considered to be a
commercial vehicle unless the lettering markin�s or advertisin� is on a removable si�n �,
which is removed when the vehicle is narked '',
GaraQe. nrivate means a buildin� or snace used as an access�rv t� nr a narr nf a I
main building nermitted in anv residence district. and nrovidin� for the storage of motor
vehicles and in which no business occunation or service for nrofit is in anv wav
conducted. �,
Motor home. See Travel trailer.
Recreational vehicle means a vehicular tvae unit nrimarilv desi�ned for
recreational. camnin� or travel use which either has its own motive nower or is mounted I
on or drawn bv another vehicle. The basic entities are travel trailers camning trailers
truck camners, buses. motor homes. boats. boat trailers. nrivate motor coaches, van I
conversions. nark trailers. fifth wheel trailers and all-terrain vehicles (ATVs) ���
Trailer means a senarate vehicle not driven or nronelled bv its own nower but
drawn bv some indenendent vower. to include anv nortable or movable structure or
vehicle includin� trailers desi�ned for livin� auarters. offices. storage or for movin� or
haulin� freight, eauinment. animals, or merchandise of anv kind. includin� boats, boat I
trailers, swamn bu�gies. half-trucks and the like
Travel trailer means anv vehicle or structure desiQned and constructed in such
manner as will nermit occunancv thereof as sleenin� 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 highwavs, nronelled or drawn bv its own or other motive nower_ Such vehicles ��
or structures shall have a bodv width not exceedin� ei�ht feet. and mav be of anv length '
provided the �ross wei�ht does not exceed 4.500 vounds, or mav be of anv wei�ht I
provided the bodv len�th does not exceed 29 feet. �
3
Tr means anv motor vehicle desiQned. used or maintained for transnortin� or
deliverin� nronertv or material used in trade or commerce in �eneral includin� anv motor �
vehicle havin� snace desiQned for and canable of carrving nrovertv car�o or bulk
material and which snace is not occunied bv vassen�er seatin� but shall not include I
passen�er vans or nanel vans with side nassen�er windows and rear vassen�er seats or I
snort utilitv vehicles such as Jeen Grand Cherokee and similar vehicles ,
Vehicle means anv self-nronelled convev_ance desi�ned for and used for the
nurnose of transnortin� or movin� nersons. animals frei�ht merchandise or anv I
substance. and sha11 include nassen�er cars trucks buses motorcvcles and scooters and
recreational vehicles.
Sec. 46-72. Parkin� of certain commercial vehicles and trucks nrohibited in rPCidpntial i
areas. I
a� No commercial vehicles or trucks over three-auarters ton rated canacitv mav be ��
parked on anv nronertv or right-of-wav within a residential area subiect to the I
excentions listed below. I�
b� For nurooses of this division. residential areas include all areas within the villa�e
other than G1. G2 C-3, and R/OP
�c This restriction shall not annlv to the temnorarv. davtime narkin� of such vehicles
on nrivate nronertv in residential districts unon which construction is underwav
and for which a current and valid buildin nermit has been issued bv the villa�e '
and such nermit is nronerlv disnlaved on the nremises. I
�d This restriction sha11 not annlv to routine deliveries bv tradesmen or the use of
commercial vehicles or trucks in makin service calls vrovidin� that such time �
neriod is actuallv in the course of business deliveries or servicin�, as the case mav
be.
e� This restriction shall not annlv to the narkin� of emergencv vehicles nrovided
that the time narked is actuallv necessarv for the emer�encv. Further the
restriction shall not annlv to volunteer emergencv vehicles driven bv residents of
the villa�e and narked on their nronertv.
�f This restriction shall not annlv to a situation where such vehicle becomes disabled �I
and. as a result of such emer�encv, is reauired to be varked within a residential �I
district for lon�er than the time allowed in this section. However anv such I '�
vehicle shall be removed from the residential district within 24 hours bv wrecker I,
towin�, if necessarv, regardless of the nature of the emer�encv. and the cost of
such towin� shall be at the exnense of the owner of the vehicle. �
ec. 46-73. Parkin� of certain commercial vehicle , truck and recreational vehicles in R-1.
R-2 and R-3 districts.
Commercial vehicles. trucks and trailers of not over three-auarters ton rated ��
canacitv, and recreational vehicles, narked on a lot containin� a single-familv residence I
in R-1. R-2 and R-3 zonin� districts within the village, shall be narked subiect to the I
following conditions: I,
�1 The vehicles and eauinment narked nursuant to this section must be �
owned bv and used nrimarilv bv a resident of the nremises: nrovided.
however. that a Quest of the resident of the nremises mav nark such
4 �
I
vehicles and eauit�ment in the drivewav for not more than three
consecutive davs in anv 30-dav veriod. For the nuroose of this subsection
anv nart of a 24-hour neriod, measured from midniQht to midniQht shall
be considered as one dav.
� 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
buildina line adiacent _to _ the side vard where the eauipment is located°
provided, however, that such eauivment is screened on at least three side�
aaainst direct view from abuttinQ broperties. Boats on trailers Shall be
screened to the ton of the �unwale
F�mnl�a ��i1 thP � '�- .� +1-.;� „t. r' t., i �• a
r � b
.,t., ;., 1, .a.. � L,'„L, . ,;17 L. Ff r' -' '
„ ` i b
"�.vc'�i "'v �i�???°�c-i6 ET�F��vF�6�°cc^Q�; �ti-ctYY r l. 1 r' *r-rri [ tl�
�=��eEa� �ar� This subsection is not to be construed as reauirin
screenin� from direct view from the street in front of the lot
� Anv of the vehicles or eauipment described in this section mav be barked
in a nrivate �ara�e or caroort which is screened on three sides• nrovided
however, that no bortion of the vehicle or eauibment shall extend bevond
the roofline.
4� All vehicles and eauipment parked pursuant to this section and the area
utilized for narkin� shall be maintained in a clean neat and presentable
manner, an� the vehicles and eauivment shall be in usable condition at all
times.
5� All vehicles and eauipment narked v_ursuant to this section shall at all
times have attached a current vehicle re istration and/or license nlate as
repuired bv law, and if recauired. a current insnection sticker.
� No maior revairs or other work on anv vehicles or eauinmenr <_,�
^""°���_� n-°" ^"''"^ ^ �^*° ~� shall be made or nerformed
while such vehicles or eauibment are narked nursuant to this section.
7� When nark�d on the site, vehicles and eauivment varked vursuant to this
section shall not be used for livin� or sleenin� auarters or for
housekeeni�� or storaQe nurooses and shall not have attached thereto anv
service connection lines, excent as mav neriodicallv be reauired to
maintain such vehicles and eauipment
8� No vehicle or piece of eauivment narked nursuant to this section mav be
parked in the area between the street lot line and the structure or in the
riaht-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 exceedina four hours in anv one 24-hour period.
� No more than two vehicles or nieces of eauinment reQulated bv this
section mav be parked on anv one residential lot at anv one time.
1�0 The excentions set forth in section 46-72 shall be annlicable to the
vehicles and eauinment varked pursuant to this section and shall not count
toward the two vehicle limit
1�1 The �rovisions and conditions set forth in this section are not
intended to reQulate the t�arkinQ of vehicles onlv
5
used for nPrsonal transnortation and not used or intended to be used for
commercial nurnoses.
�1�2 In the case of doubt as to the nroper classification of a snecific
vehicle un�der 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 oiF such determination.
ec. 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
canacitv, and recreational vehicles. varked on a lot containin� a�inale-familv residence
in R-lA zonin� district within the villa�e, shall be narked subiect to the followin
conditions:
�1 The vehicles and eauipment parked nursuant to this section must be
owned bv and used nrimarilv bv a resident of the premises� brovided,
however, t�at a Quest of the resident of the vremises mav nark 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 owner
.�2� The location for such �arked vehicles and eauipment shall be in the rear
vard or in the side vard to the rear of a line established bv the front
buildinQ line adiacent to the side vard where the eauipment is located
provided, however. that such eauinment is screened on at least three sides
so as not tc� be visible from anv roadwav. waterwav. ar aolf course. Boats
on trailers shall be screened to the to� of the �unwale ���m�
��ith the� a •�. a• *�.• �� r �.�, ..�.,rt;,,,. a *
-------- --------- --- ----� ..____..,__ .,� t ,a...a�._ � ... ..�...............5
h �g����=�-� eE9��—a�c���`=e--s��-��� ���e�e����
* i - 'xirr ° c� izi7��8 a,n�:�,°`7 t<, �L,.,11 „!,r l,o ,�1.,*;,..-. ,.F �1.:.. ,. ,.�:....
�
3� Anv of the vehicles or eauipment described in this section mav be narked
in a nrivate �arage which is screened on three sides: nrovided, however.
that no bo�rtion of the vehicle or eauivment shall extend bevond the
roofline.
4� All vehicles and eauipment narked nursuant to this section, and the area
utilized for varkinQ shall be maintained in a clean, neat and bresentable
manner, and the vehicles and eauipment shall be in usable condition at all
times.
5� All vehicl�s and eauinment parked 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 insvection sticker.
6� No maior repairs or other work on anv vehicles or eauit�ment .•,�
��==�±=����� �-�'.:�� � Nu�?:.. �� �,�� ^*° �' shall be made or performed
.°u�� ��Ar�����
while such vehicles or eauibment are varked pursuant to this section
� When parked on the site. vehicles and eauipment narked bursuant to this
section shall not be used for livinQ or sleebin� auarters or for
housekeevina or storaQe numoses and shall not have attached thereto anv
6
service connection lines excent as mav neriodicallv be reauired to
maintain such vehicles and eauinment
�8 No vehicle or niece of eauinment varked bursuant to this section mav be
parked in the area between the street lot line and the structure or in the
right-of-wav in front of the structure: however_ one such vehicle or niece I
of eauinment mav be narked in the front drivewav for a cumulative neriod I
not exceeding four hours in anv one 24-hour neriod. �I
�9 No more than two vehicles or nieces of eauinment reQUlated bv this
section mav be narked on anv one residential lot at anv one time.
1�0 The excentions set forth in section 46-72 shall be annlicable to the
vehicles and eauivment narked nursuant to this section and shall not count
toward the two vehicle limit.
1�1 The nrovisions and conditions set forth in this section are not
intended to re�ulate the narkin� of vehicles onlv
used for nersonal transnortation and not used or intended to be used for 'i
commercial nurnoses. �,
1�2 In the case of doubt as to the nroner 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. 46-75. Off-street narl�in� reauirements.
Vehicles and eauinment re�ulated bv this division that are narked on nronertv not in a ,
ri�ht-of-wav must be narked on a designated narking area nursuant to the narkin� snace �
reauirements of Secs. 78-692 and 78-693 ',
Sec. 46-76. Waivers.
Anv nart or the whole of this division mav be waived bv the villa�e council on the
filin� of a written anvlication for such action settin� forth the reasons for the reauest
Such anvlication must set forth a hardshin on the nart of the annlicant and grantin� of the
reauest bv the villa�e council must be based on the hardshin. No waiver �ranted vursuant
to this section mav violate or in anv wav be contrarv to anv reauirement of Chanter 78
Article XII. Flood Dama�e Prevention.
�
Secs. 46-77-46-90. Reserved. I
�
Section 2: Each and every other Section and Subsection of Chapter 46. Motor I � i
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. I
�
I
I
7
5ection 4: Should any section or provision of this Ordinance or any portion thereof, I
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. i
Section 6: This Ordinance shall take effect immediately upon passage. �I
I
I
�
I
,�
I
I
8 ��
I