HomeMy WebLinkAboutDocumentation_Regular_Tab 11_06/12/2014 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: 41-13
6/12/14
Consent Agenda: No Resolution #:
Originating Department: legal
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ORDINANCE 41-13, SECOND READING - AMENDING THE VILLAGE CODE OF 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 "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;
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Village Manager:
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ORDINANCE NO. 41-13
AN ORDINANCE OF THE VII,LAGE COUNCIL OF THE VII.LAGE OF
TEQUESTA, FLORIDA, AMENDING THE VII.LAGE CODE OF
ORDINANCES AT CHAPTER 46. MOTOR VEffiCLES AND TRAFFIC,
AT ARTICLE III. PARI�NG, STOPPING OR STANDING, BY
CREATING AN ENTIRELY NEW DIVISION 2. TO BE ENTITLED
"PARI�IG OF COMMERCIAL VEHICLES, TRUCKS AND
RECREATIONAL VEffiCLES"; RELOCATING AND UPDATING SAID
REGULATIONS FROM CHAPTER 78 ARTICLE IX, DIVISION 11; AND
ALSO RELOCATING AND UPDATING RELEVANT DEFII�TITIONS
FROM 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 Recrea.tional Vehicles", and relocating and updating applicable regulations
from Chapter 78 Article IX, Division 11; and also reloca.ting relevant definitions from Cha.pter
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 ordi.nance as stated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE VII.LAGE COUNCII. OF THE
VILLAGE OF TEQUESTA, FLORIDA, TAAT:
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 Vebicles"; relocating and updating said regulations from Chapter 78 Article IX,
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Division 11; and also relocating relevant definitions from Chapter 78 Article I; providing tha.t
Cha.pter 46 Article III shall hereafter read as follows:
ARTICLE III. - PARKING, STOPPING OR STANDING
1,IVISION 1. G�N�RAi.L.Y -------------- ---__._,
Sec. 46-61. - Parking violation fines.
Sec. 46-62. - Parkin� on swales.
Sec. 46-63. - Parking on Tec�uesta. Oaks Drive.
Sec. 46-64. — Off street �g in �eneral.
Secs. 46-65—�6-6919. - Reserved.
Sec. 46-62. - Parl�ng on swales.
(a) It shall be unlawfiil 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 sha11 be unlaw�fiil to stand, stop or park any motor vehicle, boat, 17ai.ler, or
machi.nery 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 violati.ng the provisions of this section
shall be subject to punishment in accorda,nce with section 1-14 aad 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 pazk any motor vehicle, boat, trailer or
machinery upon any portion of Tequesta Oaks Drive withi.n the village between the
hours of 1:00 a.m. and 6:00 a.m.
(b) The owner of any such velucle found guilty of violating the provisions of this section
sha11 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. — O� street parking in generaL
The requirements of Chapter 78, Article X regarding off street parking sha11 be complied
with, as applicable, throughout the Village.
Secs. 46-65�—d6-69 �A. - Reserved.
IVISION 2. PARI�NNG OF COMIV�RCIAL VEHICLES. TRUCKS AND
REATIONAL VEHICLES
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ec.46-70. Purnose.
�ec.46-71. Definitions.
ec. 46-72. Parkin� of certain commercial vehicles and trucks nrohibited in residential areas.
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Sec. 46-73. Parkin� of certain commercial vehicles and recreational vehicles in R-1, R-2 and
R-3 districts.
Sec. 46-74. Parking 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�6-90. Reserved.
Sec. 46-70. Purpose.
The nuruose of the regulations 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, terms and vhrases, 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 snace 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 desiened or
intended to be used for hire or in the furtherance of commerce. work or for nrofit. Anv
vehicle that has commercial letterin�. markines or advertisin� shall be considered to be a
commercial vehicle unless the lettering, markin�s or advertisin� is on a removable or
c ncealable si�n which is removed or concealed when the vehicle is narked.
Garage, nrivate means a buildin� or snace used as an accessorv to or a aart of a
main buildin� nermitted in anv residence district, and nrovidin� 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 tvne unit nrimarilv desi�ned for
recreational, camnin�. or travel use. which either has its own motive nower or is mounted
on or drawn bv another vehicle. The basic entities are travel trailers. camvins trailers,
truck camners, buses, motor homes. boats. boat trailers, nrivate motor coaches, van
conversions. nark trailers, fifth wheel trailers and all-terrain vehicles (ATVs).
Trailer means a separate vehicle, not driven or nronelled by its own nower, but
drawn bv some indenendent nower, to include anv nortable or movable structure or
vehicle includin� trailers desi�ned for livin� auarters, offices, stora�e, or for movine or
haulin� frei�ht, eauinment, animals. or merchandise of anv kind, includin� boats. boat
trailers, swamn bu�gies, half-trucks and the like.
Travel trailer means anv vehicle or structure designed and constructed in such
manner as will nermit occunancv thereof as sleeuin� 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. Drot�elled or drawn bv its own or other motive nower. Such vehicles
or structures shall have a bodv width not exceeding eight feet, and a bodv length not
exceedin� 45 feet.
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Truck means anv motor vehicle designed. used or maintained for transnortine or
deliverin nronertv or material used in trade or commerce in �eneral, includin� anv motor
vehicle havin� snace desi�ned for and canable of carrving nronertv, car�o. or bulk
material and which snace is not occuoied bv nassen�er seatin� but shall not include
�assen�er vans or nanel vans with side nassen�er windows and rear nassen�er seats, or
s ort utilitv vehicles such as Jeen Grand Cherokee and similar vehicles.
Vehicle means anv self-nronelled convevance desi�ned for and used for the
nurnose of transnortin� or movin� nersons, animals, frei�ht. merchandise, or anv
substance. and shall include nassen�er cars. trucks. buses, motorcvcles, and scooters, and
recreational vehicles.
ec. 46-72. Parking of certain commercial vehicles and trucks nrohibited in residential
areas•
�a No commercial vehicles or trucks over three-auarters ton rated canacitv mav be
narked on anv nronertv or ri�ht-of-wav within a residential area, subiect to the
excentions listed below.
b� For nurposes of this division, residential areas include all areas within the villaee
other than C-1. G2. C-3, and R/OP.
c�} This restriction shall not annlv to the temnorarv, davtime narkin� of such vehicles
n nrivate nronertv in residential districts unon which construction is underwav
and for which a current and valid buildin� nermit has been issued bv the villaee
and such nermit is nronerlv disnlaved on the nremises.
d� Thi restriction shall not annlv to routine deliveries bv tradesmen or the use of
commercial vehicles or trucks in makin� service calls, providin� that such time
period is actuallv in the course of business deliveries or servicins, as the case mav
be.
�e This restriction shall not annlv to the varkin� of emer�encv 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
and. as a result of such emer�encv, is reauired to be narked within a residential
district for loneer than the time allowed in this section. However, anv such
vehicle shall be removed from the residential district within 24 hours bv wrecker
towing, if necessarv, reeardless 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 vehicles. trucics 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. parked on a lot containin� a sin�le-familv residence
in R-l. R-2 and R-3 zonin� districts within the villase. shall be narked subiect to the
followin� conditions:
1� The vehicles and eauinment narked nursuant to this section must be
owned bv and used brimarilv bv a resident of the nremises; nrovided
however, that a�uest of the resident of the premises mav nark a motor
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h me in the drivewav for not more than three consecutive davs in anv 30-
av neriod. For the nuroose of this subsection, anv nart of a 24-hour
neriod. measured from midni�ht to midnight, shall be considered as one
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2� The location for such narked vehicles and eauioment 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 eauinment is located:
provided, however, that such eauinment is screened on all four sides
�ainst direct view from abuttin� nronerties as well as the street in front of
e subiect lot. Boats on trailers shall be screened to the top of the
�unwale. All other vehicles shall be screened to the ton of the vehicle.
Reauired screenin� shall be in nlace immediatelv unon the
commencement of narkine of anv such vehicle. If ve�etation is utilized
for anv nortion of reauired screenin�. all such vesetation shall be
suDnorted with landscane irrisation. For the screening of boats on trailers;
however. screenin� bv use of ve�etation shall be deemed in comnliance
with this reauirement if. within two weeks of the commencement of
narking of the boat on trailer, five �allon sized cocovlum for eauivalentl.
's nlanted in sufficient auantitv to form the reauired screenine unon
�rowth to maturitv.
3� Anv of the vehicles or eauinment described in this section mav be narked
in an enclosed nrivate gara�e or fullv screened camort• nrovided, however
that no nortion of the vehicle or eauinment shall extend bevond the
roofline.
4� The screenins reauirements set farth above shall annlv onlv to vehicles
that had not been lawfullv narked and screened nrior to the adontion of the
ordinance from which this code was derived. AnY vehicle which would
otherwise be subiect to the screening reauirements of this division, but
which had been lawfullv narked on the subiect lot nrior to the adontion of
the ordinance from which this code was derived (nrior to Julv 10. 20141 in
compliance with nrior screenin� reeulations shall be subiect to such nrior
re�ulations which �enerallv reauired such vehicles to be "effectivelv
screened on three sides."
�5 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.
6�1 All vehicles and eauinment taarked nursuant to this section shall at all
times have attached a current vehicle re�istration andlor license nlate as
reauired bv law. and if reauired, a current insnection sticker.
�7 No maior renairs or other work on anv vehicles or eauinment shall be
made or oerformed while such vehicles or eauinment are narked nursuant
to this section
� Vehicles and eauioment barked nursuant to this section shall not be used
for livine or sleevin� auarters or for housekeenin� or stora�e vurooses and
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shall not have attached thereto anv service connection lines. excent as mav
periodicallv be reauired to maintain such vehicles and eauinment.
�9 No vehicle or niece of eauinment 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 adiacent to the subiect lot: however. one such vehicle or
piece of eauinment mav be parked in the front drivewav for a cumulative
neriod not exceedine four hours in anv one 24-hour oeriod.
1�0 No more than two vehicles or nieces of eauinment re�ulated bv
this section mav be narked on anv one residential lot at anv one time.
1�1 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.
12 The provisions and conditions set forth in this section are not
intended to re�ulate the narkin� of vehicles onlv used for nersonal
transportation and not used or intended to be used for commercial
nurnoses.
1�3 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 controlling. The bodv descrintion and
classification on the motor vehicle certificate of title shall be prima 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
cavacitv, and recreational vehicles. narked on a lot containin� a sin�le-familv residence
in R-lA zonin� district within the villa�e, shall be narked subiect to the followin�
conditions:
�1 The vehicles and eauinment narked nursuant to this section must be
owned bv and used primarilv bv a resident of the nremises; nrovided
however. that a�uest of the resident of the nremises mav nark a motor
home in the front drivewav for not more than three consecutive davs in
v 30-dav neriod. For the nuroose of this subsection, anv nart of a 24-
hour neriod. measured from midnight to midni�ht. shall be considered as
one a .
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 eauipment is located;
provided, however, that such eauinment is screened on a11 four sides so as
not to be visible from abuttin� nronerties, anv roadwav, waterwav, or solf
�ourse. Boats on trailers shall be screened to the ton of the �unwale. All
other vehicles shall be screened to the ton of the vehicle. Reauired
screenin� shall be in nlace immediatelv unon the commencement of
�arkin� of anv such vehicle. If ve�etation is utilized for anv vortion of
reauired screenine, a11 such ve�etation shall be sunnorted with landscane
irri�ation. For the screenin� of boats on trailers: however, screenin� bv
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use of vegetation sha11 be deemed in comnliance with this reauirement if.
within two weeks of the commencement of narkin� of the boat on trailer.
five �allon sized coconlum (or ec�uivalent). is nlanted in sufficient auantitv
to form the reauired screenin� unon �rowth to maturitv.
3� Anv of the vehicles or eauinment described in this section mav be narked
in an enclosed nrivate �ara�e: nrovided, however, that no bortion of the
vehicle or eauinment shall extend bevond the roofline.
4� The screenin� reauirements set forth above shall annlv onlv to vehicles
that had not been lawfullv narked and screened nrior to the adontion of the
ordinance from which this code was derived. Any vehicle which would
otherwise be subiect to the screenin� reauirements of this division, but
hich had been lawfullv narked on the subiect lot nrior to the adontion of
the ordinance from which this code was derived (nrior to Julv 10. 20141 in
mnliance with nrior screenin� re�ulations shall be subiect to such nrior
re�ulations which �enerallv reauired such vehicles to be "effectivelv
s�reened on three sides."
5� All vehicles and eauinment narked bursuant 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.
6� All vehicles and eauinment narked 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.
�7 No maior renairs or other work on anv vehicles or eauinment shall be
made or nerformed while such vehicles or eauipment are narked nursuant
to this section
�8 Vehicles and eauinment narked nursuant to this section shall not be used
for livin� or sleenine auarters or for housekeenin� or stora�e nurooses and
shall not have attached thereto anv service connection lines, excent as mav
periodicallv be reauired to maintain such vehicles and eauinment.
9� No vehicle or niece of eauioment 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 adiacent to the subiect lot; however. one such vehicle or
niece of eauinment mav be narked in the front drivewav for a cumulative
neriod not exceeding four hours in anv one 24-hour neriod.
1�0 No more than two vehicles or nieces of eauinment re�ulated bv
this section mav be narked on anv one residential lot at anv one time.
1�1 The excentions set forth in section 46-72 shall be annlicable to the
vehicles and eauinment narked nursuant to this section and sha11 not count
toward the two vehicle limit.
1�2 The nrovisions and conditions set forth in this section are not
_ _ __
intended to resulate the narkin� of vehicles onlv used for nersonal
transportation and not used or intended to be used for commercial
vurooses.
1�3 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
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motar vehicle commission shall be controlling. The bodv describtion and
classification on the motor vehicle certificate of title shall be prima facie
evidence of such determination.
ec. 46-75. Off-street narking reauirements.
Vehicles and eauinment re�ulated bv this division that are varked on nropertv not in a
rieht-of-wav must be narked on a desienated oarkin� area nursuant to the narkin� sbace
reauirements of Secs. 78-692 and 78-693. The barkine surface material reauirements referenced
above shall annlv onlv to vehicles that had not been lawfullv narked and screened nrior to the
adontion of the ordinance from which this code was derived. Anv vehicle which would
herwise be subiect to the narkin� surface reauirements of this division, but which had been
lawfullv narked on the subiect lot nrior to the adontion of the ordinance from which this code
was derived (nrior to Julv 10. 2014) in comnliance with nrior regulations shall be subiect to such
brior re�ulations which �enerallv allowed such vehicles to be naxked on eravel or other non-
livin� landscane material surface.
Sec. 46-76. Waivers.
Anv nart or the whole of this division mav be waived bv the villa�e council on the
filing of a written annlication for such action settine forth the reasons for the reauest.
Such annlication must set forth a hardshin on the nart of the annlicant, and �rantin� of the
r auest bv the villase council must be based on the hardshin. No waiver �ranted nursuant
to this section mav violate or in anv wav be contrarv to anv reauirement of Chavter 78
Article XII. Flood Dama�e Prevention.
Secs. 46-77---46-90. Reserved.
Section 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.
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.
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