HomeMy WebLinkAboutOrdinance_22-14_12/11/2014 ORDINANCE NO. 22 -14
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE 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; CONTRACTOR NUMBER." TO
REQUIRE COMMERCIAL VEHICLES CONDUCTING BUSINESS WITHIN
THE VILLAGE TO DISPLAY THE APPLICABLE CONTRACTOR LICENSE
NUMBERS OF THE CONTRACTOR ON THE VEHICLE; AND AT ARTICLE
III. PARKING, STOPPING OR STANDING. DIVISION 1. GENERALLY. BY
UPDATING AND REVISING REGULATIONS FOR UNLAWFUL PARKING
THROUGHOUT THE VILLAGE, AND PROVIDING FOR TOWING AND
IMPOUNDMENT UNDER CERTAIN CIRCUMSTANCES; 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 SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Village Council desires to require commercial vehicles 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, THEREFORE, 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 creating an entirely new
Section 46 -3. "Commercial vehicles; contractor number." to require commercial vehicles
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conducting business within the village to display the applicable contractor license numbers of the
contractor on the vehicle; providing that Chapter 46 Article I shall hereafter read as follows:
Chapter 46. Motor Vehicles and Traffic
ARTICLE I. IN GENERAL
Sec. 46 -1. - Hitchhildng. [This section shall remain in full force and effect as previously
adopted.]
Sec. 46-2. — Use of golf carts upon designated village streets. [This section shall remain in full
force and effect as previously adopted.]
ec. 46 -3. - Commercial vehicles: contractor number. Any commercial vehicle being used by
a state licensed contractor to conduct business within the village shall have prominently
'snlaved thereon the license numberlsl 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 Standing. Division 1.
Generally. by updating and revising regulations for unlawful parking throughout the Village, and
providing for towing and impoundment under certain circumstances; and by creating an entirely
new Division 3. to provide procedures and notice requirements for towing and impounding
illegally parked vehicles; providing that Chapter 46 Article III shall hereafter read as follows:
Chapter 46. Motor Vehicles and Traffic
ARTICLE III. PARKING, STOPPING OR STANDING
DIVISION 1. - GENERALLY
Sec. 46-61. - Parking 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) Overtime parking ..... $20.00
(2) Double parking..... 20.00
(3) Parking in fire lane ..... 20.00
(4) Parking in loading zone ..... 20.00
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(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) Parking in restricted zone ..... 20.00
(11) Parking within ten (101 feet of a tee elese to fire plug ..... 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 unlawful to obstruct, park, stand or stop a vehicle within a properly marked designated
parking space for the disabled without a proper permit issued pursuant to state 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
parking ticket.
(d) All other parking violations shall be as prescribed by the appropriate state statute or
ordinance relating thereto.
Sec. 46-62. — Parkin stopping or standing prohibited generally on- sweles.
(a) No person shall nark. stop or leave standing a motor vehicle, trailer or machinery of any
nature_ in any of the following places, except when necessary to avoid conflict with oth
traffic or in compliance with the directions of a law enforcement officer ortrM control
(1) On the roadway side of any vehicle stopped or narked at the edge or curb of a
atreet so as to impede travel on the roadway ( "double narking "):
(2) On a sidewak or in such a manner that any Hart of such vehicle is Protruding
ver a sidewalk:
(3) In such a manner as to block any Private driveway:
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(4) Wi hip an intersection or crosswalk:
(5) Upon any bridge:
(6) On a bicycle path or exclusive bicycle lane;
7 Within a marked fire lane, or within seven and one half (7.5) feet of any fine
hydrant:
(8) Within any area where a traffic control device prohibits standing, stopping or
(9) Within five feet of the edge of pavement adiacent to Teauesta Drive. Country
Club Drive, Riverside Drive. County Line Road.. Seabrook Road or that portion of
beach Road beginning 300 feet west of the parallel parking spaces adiacent to the
bridge.
(10) Upon any public street or roa or any publicly owned parking lot, or other public
ropertv. where continued presence of the motor vehicle. trailer or machinery.
e opinion of a law enforcement officer or the Village Manager. because of the
physical location or the condition of the motor vehicle, trailer or machinery, poses
ger to the public health. safety or welfare, or to the motor vehicle, trailez or
machinery itself.
(11) Upon any public street or road, a public parking loL or other public property. or
upon private property where the public has the right to travel by motor vehicle.
or the principal m mose and intent of displaying the motor vehicle. trailer or
piece of machinery thereon for sale, hire or rent in accordance with Sec.
316 1951, Florida Statutes. In addition to any other remedy available to the
village, including removal and impoundment a fine of $100.00 shall be imposed
upon the owner of such motor vehicle, trailer or machinery: which must be paid to
e village prior to release from impoundment.
the wipaved w.We afeas Ameat to Goun#y Club DfWe, Riverside D4w, County Line R
and Seabmok Read within the viRage bet the houfs of 1.00 &:m. and 6.:00 &ft
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(�} 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 violation
fines as set forth in section 46-61 as applicable In addition. such vehicles shall be subiect to
impoundment by the village 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 vehicle, boat, trailer or machinery upon
any portion of Tequesta Oaks Drive within the village between the hours of 1:00 am. and
6:00 am.
(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 andL the parking violations fines as
set forth in section 46 -61 as applicable In addition, such vehicles shall be subject to
poundment by the village as set forth in Division 3 below.
Sec. 46-64. - Off street parking in general.
The requirements of chapter 78, article X regarding off street parking shall be complied with, as
applicable, throughout the village.
DIVISION 2. — PARKING OF COMMERCIAL VEHICLES, TRUCKS AND
RECREATIONAL VEHICLES
[This Division shall remain in full force and effect as previously adopted]
DIVISION 3. - MQUNDMENT
See 46-80. -Authority to imnouad vehicles, notice of impoundmen&
enever any law enforcement officer of the village shall find a motor vehicle. trailer or
muWnm of any nature narked stopped or left standing in violation of any provision of Sec.
46-62 or 46 -63 of the Village of Teauesta Code of Ordinances, such law enforcement officer
is authorized to provide for the removal and impoundment of such motor vehicle, trailer or
erv. The village is authorized to maintain a public storage Place for all motor vehicles .
trailers or machinery impounded Pursuant to this sectim and establish by resolution of the
village council, fees for impoundment and storage thereon. Additionally. the chief of police
may also authorize storage of such impounded motor vehicle, trailer or machinery d any
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they locatim public or private. which is zoned for such storage. The cost of such removal
and the i_nMWdment/storage charges shall become alien against such _motor vehicle. i Wkr-
or machinery.
W — MIcaever a law enforcement officer removes and impounds a motor vehich trailer or
magWnm of any nature for a violation of Sec. 46 -62 or 46-63 of the Village of Teauesta
ade of Ordinances, and the officer knows or is able to ascertain the name and address of the
caner thereot the officer shall immediately Wye or cause to be given a notice in writing to
e owner of the fact of removal, and the reasons Ogre- for. and the place to which the motor
vehicle, trailer or machinery has been removed. If any motor vehicle. trailer or machinery is
in an authorized garage, a copy of the notice shall be given to the proprietor of that
garage•
enever a law enforcement officer removes and impounds a motor vehicle, trailer or
moph-inm of any nature for a violation of Sec. 46 -62 or 46 -63 of the Village QLT
e of Ordinances, and the officer does not know and is not able to ascertain the name of
e ownm or for any other reason is unable to give the notice to the owner, as provided in
this sectiom and if the motor vehicle, trailer or machinery is not returned to the owner within
A period of three (3) days, the officer shall immediately send or cause to be sent a written
mM of the removal by mail to the division of motor vehicles. and shall file a copy of the
otice with the proprietor of any authorized garage in which the motor vehicle, trailer or
machipm may be stored. The notice sball include a complete description of the motor
vehicle, trailer or machinery, the date. time and the place from which it was removed. the
asons for its removal, and the name of the mm or place where the vehicle 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.
Section 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.
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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 shall take effect immediately upon adoption.
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ORDINANCE
22 -14
Upon Second Readin
MOTION SECOND
Council Member Paterno Council Member Okun
VOTE
FOR ADOPTION AGAINST ADOPTION
Mayor Abby Brennan x
Vice -Mayor Vince Arena x
Council Member Steve Okun x
Council Member Tom Paterno x
Council Member Frank D'Ambra x
The Mayor thereupon declared the Ordinance duly passed and adopted this Dec 11, 2014
MAYOR OF TEQUESTA
4igairenna
rK
ATTEST:
Lori McWilliams, 0RP
Village Clerk G
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