HomeMy WebLinkAboutDocumentation_Regular_Tab 16_03/10/2016 � � �
CORBETT, WH1TE,
�� DAVIS AN� ASHTON, r�A.
KEITH W. DAVIS
ATTORNEY AT LAW
Board Certified irt City, Cottrtty and Local Goverrnnent Law
MEMORANDUM
TO: Mayor Brennan, Vice Mayor Arena, Council Members D'Ambra, Okun and
Paterno
CC: Manager Couzzo, Clerk McWilliams
FROM: Attorney Davis
DATE: February 1, 2016
RE: Agenda Item — First Reading of Ordinance 5-16; Three Axle Boat Trailers
The following describes in detail the above referenced agenda item:
Based on discussion from the January Village Council Workshop, I have prepared the
attached ordinance that would allow both two axle and three axle boat trailers to be towed
across the Tequesta Drive Bridge as exceptions to the general rule allowing only single axle
trailers to be towed across the bridge.
ORDINANCE NO. 5-16
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER
46. MOTOR VEHICLES AND TRAFFIC. OF THE CODE OF
ORDINANCES, VILLAGE OF TEQUESTA, AT SECTION 46-141
BY REVISING THIS SECTION TO ALLOW THREE AXLE
BOAT TRAILERS TO BE DRIVEN ACROSS THE TEQUESTA
DRIVE BRIDGE; PROVIDING THAT EVERY OTHER
SECTION AND SUBSECTION OF CHAPTER 46 SHALL
REMAIN IN FULL EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICT CLAUSE, A SEVERABILITY
CLAUSE, AUTHORITY TO CODIFY, AN EFFECTIVE DATE,
AND FOR OTHER PURPOSES.
WHEREAS, chapter 46 of the Code of Ordinances, Village of Tequesta, Florida
regulates motor vehicles and traffic within the Village of Tequesta; and
WHEREAS, article VI of chapter 46 provides regulations to protect the structural
integrity and extend the lifespan of the Tequesta Drive Bridge; and
WHEREAS, section 46-140 prohibits the operation of motor vehicles with more than
two �les to be driven across the Tequesta Drive bridge; and
WHEREAS, section 46-141 provides an exception to section 46-140 that allows for
tandem axle boat trailers to be towed across the Tequesta Drive Bridge; and
WHEREAS, the Village Council desires to amend section 46-141 to allow three axle
boat trailers to be towed across the Tequesta Drive Bridge; and
WHEREAS, the Village Council understands and acknowledges that towing three axle
boat trailers across the Tequesta Drive Bridge will not decrease the structural integrity and
lifespan of the bridge; and
WHEREAS, the Village Council believes the following amendment to the Code of
Ordinances, Village of Tequesta, Florida to be in the best interests of the health, safety, and
welfare of the citizens and residents of the Village of Tequesta, Florida.
NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA:
THAT
Section 1. Section 46-141 of the Code of Ordinances, Village of Tequesta, Florida, is
hereby amended to read as follows:
This article shall not prohibit:
(1) The operation of emergency vehicles with more than two axles (including trailers
with more than two axles) on the Tequesta Drive Bridge.
(2) The operation of motor vehicles with more than two a�es and/or the towing or
drawing of trailers with more than two �les owned or operated by the village, its
agents, representatives or employees on the Tequesta Drive Bridge.
(3) The operation of motor vehicles with more than two �les andlor the towing or
drawing of trailers with more than two �les owned or operated by any governmen-
tal agency.
(4) The towing or drawing of a tandem Qr three a�cle boat trailer.
(5) The operation of motor vehicles and trailers utilized by the village's solid waste and
refuse franchisee.
Section 2: Each and every other section and subsection of Chapter 46. Motor
Vehicles and Traf�ic, 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, paragraph, sentence, word or provision of this
ordinance be declared invalid by a court of competent jurisdiction, such decision shall not affect
the validity of the remainder of this ordinance.
Section 5: Specific authority is granted to the Village Clerk codify and incorporate
this ordinance into the existing Code of Ordinances of the Village of Tequesta, Florida.
Section 6: This ordinance shall take effect immediately upon adoption.
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