HomeMy WebLinkAboutDocumentation_Regular_Tab 15_12/11/2014 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: AAeeting Type: Regular Ordinance #: 22-94 2" Reading (amended
12/11/14 at first reading)
Cons�nt Agenda: No Resolution #:
Originating Department: Legal
� �� . . . . . .
ORDINANCE 22-14. SECOND READING. AMENDING TI-� VILLAGE CODE OF ORDINANCES AT
CHAPTER 46. MOTOR VEHICLES AND TRAFFIC. AT ARTICLE I. IN GENERAL. BY CREATING AN
ENTIRELY NEW SECTION 46-3. "COMMERCIAL VEHICLES; CONT'RACTOR NUMBER" TO
REQUIRE CONiMERCIAL VEHICLES CONDUCTING BUSINESS WITHIN 'TI� VILLAGE TO
DISPLAY THE APPLICABLE CONTRACTOR LICENSE NUMBERS OF THE CONTRACTOR ON TI�
VEHICLE; AND AT ARTICLE III. PARKING, STOPPING OR STANDING. DNISION 1. GENERALLY.
BY UPDATING AND REVISING REGULATIONS FOR UNLAWFUL PARKING THROUGHOUT TI-�
VILLAGE, AND PROVIDING FOR TOWING AND IMPOUNDMENT UNDER CERTAIN
CIRCUMSTANCES; AND BY CREA'TIl�TG AN ENTIRELY NEW DIVISION 3. TO PROVIDE
PROCEDURES AND NOTICE REQUIREMENTS FOR TOWIl�TG AND IlVIl'OUNDING ILLEGALLY
PARKED VEHICLES
: � � . •.
Account #: Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: Choose an Appropriate Fund Balance: Choose an item.
item.
�' • � �- • •
....� . .
Departrnent Head
Finance Director or Represen�tive
Reviewed for Financial Sufficiency ❑
No Financial Impa�t ❑
Attorney: (for legal sufficiency)
Village AAanager:
Submit for Council Discussion: �
Approve Item: ❑
Deny Item: �
- � � • •- .
. .
Form Amended: 3/14114
ORDINANCE NO. 22-14
AN ORDINANCE OF TI� VILLAGE COUNCII, OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING TI� VII.,LAGE CODE OF
ORDINANCES AT CHAPTER 46. MOTOR VEHICLES AND TRAFFIC. AT
ARTICLE I. IN GENERAL. BY CREATING AN ENTIRELY NEW SECTION
46-3. "COMIVIERCIAL VEHICLES; CONTRACTOR NUMBER." T�
REQUIRE COMMERCIAL VEHICLES CONDUCTING BUSINESS RTiTHIN
TI� VILLAGE TO DISPLAY THE APPLICABLE CONTRACTOR LICENSE
NUMBERS OF THE CONTRACTOR ON 'TI� VEHICLE; AND AT ARTICLE
III. PARKING, STOPPING OR STANDING. UNISION 1. GENERALLY. BY
UPDATING AND REVISING REGULATIONS FOR UNLAWFUL PARKING
THROUGHOUT THE VII,LAGE, AND PROVIDING FOR TO�fTING AND
IlVIPOUNDMENT UNDER CERTAIN CIRCUM5TANCES; AND BY
CREATING AN ENTIRELY NEW DIVISION 3. TO PROVIDE
PROCEDURES AND NOTICE REQUIREMENTS FOR TOWING AND
IMPOUNDING ILLEGALLY PARKED VEHICLES; PROVIDING THAT
EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER
46. MOTOR VEHICLES AND TRAFFIC. SHALL REMAIN IN FULL FORCE
AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
CLAUSE, A SEVERABII,ITY CLAUSE AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTNE DATE; AND FOR OTI�R PURPOSES.
WHEREAS, the Village Council desires to require commercial velucles doing business
within the village to display thereon the contractor's license number(s); and
WHEREAS, the Village Council desires to update and augment regulations for illegal
parking throughout the Village; and
WHEREAS, the Village Council desires to provide for the towing and impoundment of
illegally parked vehicles in certain circumstances; and
WHEREAS, the Village Council believes these amendments to its Code of Ordinances
are in the best interests of the citizens of the Village of Tequesta.
NOW, TI-�REFORE, BE IT ORDAINED BY THE VILLAGE 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 I. In General. by creatin� an entirely new
Section 46-3. "Commercial vehicles; contractor number." to require commercial vehicles
1
conducting business within the village to display the applicable contractor license numbers of the
contractor on the vehicle; providing tha.t Chapter 46 Article I shall hereafter read as follows:
Chapter 46. Motor Vehicles and Traffic
ARTICLE I. IN GENERAL
Sec. 4b-1. - Hitchhil�ng. [This section shall rema.in in full force and e�ect as previously
a.dopted.]
Sec. 46-2. — Use of golf carts upon designated village streets. [This section shall remain in full
force and effect as previously adopted.]
Sec. 46-3. - Commercial vehicles: contractor number. Anv commercial vehicle beinQ used bv
a, state licensed contractor to canduct business within the villa,�e s}�all have nxominentiv
'snlaved thereon the license number(sl of the contractor.
Section 2: 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 Standi.ng. Division 1.
Generally. by updating and revising regulations for unlawful parking tbroughout the Village, and
providing for towing and im�undment under certain circumstances; and by creating an entirely
new Division 3. to provide procedures and notice requirements for towing and impoundi.ng
illegally parked vehicles; providing that Chapter 46 Article III shall hereafter read as follows:
Chapter 46. Motor Vehicles and Tra�ic
ARTICLE III. PARKING, STOPPING OR STANDING
DIVISION 1. - GENERALLY
Sec. 46-61. - Parl�ng violation fines.
(a) It shall be unlawful for any person to violate any of the parking regulations referenced in this
section. The following shall constitute the fine for the violations listed:
(1) Overtino.e parking.....$20.00
(2) Double parking.....20.00
(3) Pazking in fire lane.....20.00
(4) Parking in loading zone.....20.00
2
(5) Parking in wrong direction.....20.00
(6) Parking in alley.....20.00
(7) Parking in prohibited area.....20.00
(8) Keys left in ignition in parked car.....20.00
(9} Parking in crosswalk.....20.00
(10) Parki.ng in reslricted zone.....20.00
(11) Parking v�ithin ten (101 feet of a�ee-slese�e fire ��t �g.....20.00
(12) Parking across lines.....20.00
(13) Parking too close to intersection.....20.00
(14) Obstructing traffic lane.....20.00
(15) Parking too close to stop sign.....20.00
(16) Blocking private driveway.....20.00
(17) Permit or decal violation.....20.00
(b) It is unlawfi,il to obstruct, park, stand or stop a vehicle within a properly mazked. designated.
parking space for the disabled without a proper permit issued pursuant to sta.te law. Any
person in violation of this standard shall be subject to a fine of $250.00.
(c) Fines shall be paid to the village within 48 hours of the time and date of issuance of the
parki.ng ticket.
(d) All other parking violations sha11 be as prescribed by the appropriate state statute or
ordinance relating thereto.
Sec. 46-62. — Parlflne stonning or standin� nrohibited generallv se-�a�es.
(a) No nerson shall nark. ston or lea.ve standine a motor vehicle. trai.ler or machinerv of anv
��1ure in anv of the followine nlaces. excent when necessarv to avoid conflict with other
c or in comnliance with the direcrions of a law enforcement o�cer or traffic contro�
� �
(1) On the roadwav side of anv vehicle stonned or narked at the edge or curb of a
s�reet so as to imnede trave� on the roadwav ("double narkin�"l:
(21 On a sidewalk. or i.n such a manner that anv nart of such vehicle is uratrudin�
ver a sidewalk:
(3) In such a manner as to block anv nrivate drivewav:
3
(41 Wi hin an i�nterce��j,on or cros_swalk:
(51 Unon anv brid�e•
(61 On a bicvcle nath ar exclusive bicvcle lane:
f7) Witbin a marked fire lane, or within seven and one half (7.51 feet of anv fire
hvdrant;
C81 Within anv area where a tra�c control device nrolubits standine. stoDnimg or
�
(91 Within five feet of the edge of navemeat ad.iacent to Teauesta Drive. Countrv
Club Drive. Riverside Drive. Countv I.ine Road. Seabrook Road or that nortion of
Bea.ch Road be�inning 300 feet west of the nara11e1 nazkiun� snaces adiacent to the
bridge•
Ol Unon anv nublic street or roa.d_ or anv nubliclv owned narking lot or other nublic
e�re continued �sresence of the motoz vehicle, tra.iler or maclunerv, in
e oninion of a law enforcement officer or the Village Manaeer. b�ause of the
Ab�vsica� location oz the condition of the motor vehicle, trailer or machinerv. noses
�er to the nublic health. safetv or welfaze. or to the motor vehicle. �ailer or
machinerv itself.
111 Unon anv nublic street or road a nublic narkin� lot or othez nublxc nronertv. or
unon nrivate nronerlv where the nublic has the nisht to travel bv motor vehicle.
or the nrincinal �uraose and intent of disulavin� the motar vehicle. trail.er or
iece of machinerv thereon foz sa.le. hire or rent in accordance with Sec
16.1951. Florida Statutes. In addition to anv other remedv avail�ble to the
in 1'� removal and imnoundment, a fine of $100.00 shall be i.mnosed
e awner of such motor vehicle. trailer or machiaerv: which must be nai.d to
e village nriar to release from imnoundment.
, �
� �
> >
4
(�-} � The owner of any such velucle found guilty of violating the provisions of tbis section
shall be subject to punishment in accordance with section 1-14 and� the parking violation
fines as set forth in section 46-61 s annlicable. �n addition such vehicles shall be subie.�t to
' noundment bv the villa�e as set forth in Division 3 below.
Sec. 46-63. - Parking on Tequesta Oaks Drive.
(a) It shall be unlawful to stand, stop or park any motor velucle, boat, trailer or maclunery upon
any portion of Tequesta Oaks Drive within the village between the hours of 1:00 am. 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 andL2 the pazking violations fines as
set forth in section 46-61 as annlicable. addition. such velucles shall be subiect to
' noundment bv the villa.ge as set forth in Division 3 below.
Sec. 46-64. - Off street parldng in general.
The requirements of chapter 78, article X regazding off street parking shall be complied with, as
applicable, throughout the village.
DMSION 2. — PARKING OF COMMERCIAL VEHICLES, TRUCKS AND
RECREATIONAL VEHICLES
['This Division shall remain in full force and effect as previously adopted.]
DNISION 3. - IMPOUNI)MENT
0. - Authoritv to imno�nd ve icles. notice of 'mno ndment
� Whenever anv law enforcement officer of the villa,ee shall find a motor vehicle. trailer or
hinerv of anv nalure nazked. stonned or left sta.ndin� in vialation of anv nrovision of Sec.
6-62 or 46-63 of the Village of Teauesta Cade of Ordinances. such law enforcement officer
orized to nrovide for the removal and imnoundment of such motor vehicle. trailer or
maclune�rv. The villa�e is authorized. to maintain a nublia stora�e nlace for all motoz vehicles.
'lers or mackunerv i,mnounded nursuant to thi.s section. and establish bv resolution of the
y�ill.a�e council. �ees for imnoundment and stora,ge theteon. Additionallv. the chief of nolice
v also authorize storaEe of such imnounded motor vehicle. �railer ar machinerv at anv
5
er location. nublic or nrivate. which is zoned for such storaee. The cost of such removal
the imnoundment/stora�e charges shal become a lien a,�ainst such motor velucle. trailer
or machinerv.
�,i enever a law enforcement officer removes and imnounds a motor vehicle. trailez� or
a�r,_�i�ezv of anv nature for a violation of Sec. 46-62 or 46-63 of tkie VillaEe of Teauesta
e of Ordinaaces. and the officex knows or is able to ascertain the name and addxess of the
wner thereof. the officer shall immediate�v �ive or cause to be given a notice in writin�
e owner of the fact of removal. and the reasons therefoz. and the nlace to which the motor
v'cle. trailer or machinerv has been removed. If anv motor vehi le, trailer or machinerv i
in_ an authorized �ara�e. a conv of the notice shall be �iven ta the nronrietor of that
�
�c enever a law enfozcea�.ent officer removes and i.m�unds a motor vebicle. trailer or
lunerv of anv nature for a violation of Sec. 46-62 or 46-63 af the Villase of Teauesta
of Ordinances. and the officer does not know and is not able to ascertain the name of
e owner. or for anv other reason is unable to eive the notice to the owner. as nrovided in
's section. and if the motor vehicle. trailer or machinerv is not returned to the owner wi '
of three (31 davs. the officer shall immediatelv send or cause to be sent a writt
of the removal bv ma.il to the division of motor velucles. and shall file a conv of the
otice with the nronrietor of anv authorized �ara,�e in which the motoz vehicle. trailer or
' erv mav be stored.. The natice shall include a camnlete descrintion of the motor
velucle, trailer or machinerv. the date. time and the nlace from which it was removed. the
ns for its removal. an.d the name of the �uage ar nlace where the vehic�e is stored.
Section 3: Each and every other section and subsection of Chapter 14. Buildings and
Building Regulations. shall remain in full force and effect as previously enacted.
Section 4: All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
Sectian 5: 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.
6
Section 6: Specific authority is hereby granted to codify and incorporate this ordinance into
the existing Code of Ordinances of the Village of Tequesta.
Section 7: This ordinance sha11 take effect immediately upon adoption.
7