HomeMy WebLinkAboutCity of Tamarac Ordinance O-1978-041Introduced by:
Temp. #552
Rev. 6/19/78
Rev. 6/28/78
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. -79-Lll
AN ORDINANCE REPEALING ORDINANCE NO. 70-31 AS CODIFIED
IN SECTIONS 15-6 THROUGH 15-9 OF THE TAMARAC CITY CODE
WHICH PERTAINS TO THE PROHIBITION OF CERTAIN VEHICLES
AND BOATS IN RESIDENTIAL AND CLUBHOUSE ZONED AREAS;
ENACTING A NEW SECTION 15-6 OF THE CITY CODE WHICH
PROHIBITS COMMERCIAL AND RECREATIONAL VEHICLES AND
BOATS AND BOAT TRAILERS IN RESIDENTIAL AND CLUBHOUSE
ZONED DISTRICTS; PROVIDING EXCEPTIONS; PROVIDING DEFI-
NITIONS; PROVIDING FINES; PROVIDING FOR A TICKETING
PROCEDURE MAKING IT A VIOLATION OF THIS ORDINANCE FOR
A PERSON TO REFUSE TO ACCEPT AND SIGN A CITATION OR
NOTICE TO APPEAR ISSUED PURSUANT TO THIS SECTION; PRO-
VIDING FOR A SEPARATE OFFENSE OF FAILURE OR REFUSAL TO
PAY FINE; PROVIDING FOR CODIFICATION; PROVIDING REPEALER;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION 1: Ordinance No. 70-31 as codified in Sections 15-6
through 15-9 of the City Code is hereby repealed and a new Section
15-6 is hereby enacted as follows:
SECTION 15-6 Parking or storage of Commercial or Recreational
Vehicles, Boats or Boat Trailer
(A)
Restrictions
Except as hereinafter provided, no owner or person having
the use of a commercial vehicle, or recreational vehicle or a boat or
boat trailer shall park said vehicle or boat or boat trailer for any
period of time on either public right-of-way or privately owned pro-
perty in a residentially zoned district as now defined or as may be
defined in the future or in a clubhouse district as now defined or as
may be defined in the future between 9:00 P.M. and 6:00 A.M. This
section shall not apply, however, to the following:
(1) Vehicles, boats or boat trailers parked in a
covered garage or carport, or fenced area. Said fenced area
shall be not less than twenty-five (25) feet from any public
right-of-way and must be separated from said right-of-way
and from all adjacent property by a six foot opaque fence.
The area around the fence is to be landscaped in a manner
that will help screen the vehicle, boat or boat trailer
from view from the public right-of-way. This section is
not a waiver of setback requirements or any other ordinance:
or regulations each of which must be complied with by any
party seeking to be included under this section.
(2) Vehicles made necessary by actual physical impair-
ment.
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(3) Vehicles, boats or boat trailers parked in R-3U and
R-4A zoned districts for which special areas for these commer-
cial or recreational vehicles have been designated by the property
owner. These areas must be not less than 25 feet from any pub-
lic right-of-way and must be separated from said right-of-way
by a fence or vegetation of a minimum height of four (4) feet
and a maximum height of six (6) feet. A property owner seeking
to provide a special parking area for commercial or recreational
vehicles must notify the City's Building Official and Chief of
police, in writing of the creation of said area.
(4) Any prohibited vehicle may be parked or stored in a
prohibited area for purposes of loading or unloading on a tem-
porary basis; provided, however, any vehicle remaining on the
premises for a continuous, twenty-four (24) hour period shall
be considered as conclusive evidence that said vehicle is not
being loaded or unloaded and, any of the foregoing vehicles
parked or stored in a prohibited area for more than two evenings
between the hours of 9:00 P.M. and 6:00 A.M. in any twenty (20)
day period shall be considered as being in violation of the
prohibited parking section of this ordinance.
(B) Definitions:
The term "commercial" vehicle shall be defined as any one
of the following classified vehicles:
(1) State of Florida Descriptive
Vehicle Tax Class Classification
Nos. 25 and 26---------Pickup truck
Commercial trucks
Nos. 31, 32, 33--------- with the name of a commercial
business painted on the truck
or otherwise affixed to the
truck
No. 34------------- ---Commercial trucks
Nos. 40, 41, 42, 43, 44 Commercial Tractor
45, 46, 47, 48, 49-trucks
Nos. 54, 55------------- Trailer for hire
No. 56------------------ Semitrailer
No. 81------------------ Truck, trailer, or,bus
No. 92------------------ Bus for hire
No. 93------------------ Bus, local
No. 94------------------ Ambulance, hearse, wrecker or
privately owned school bus
No. 96------------------ Tractor crane
- 2 -
1 No. 98 Truck, trailer or bus
2 (2) The term "recreational" vehicle shall be defined
3 as any one of the following classified vehicles:
4 State of Florida Descriptive
5
Vehicle Tax Class Classification
6 No. 51 Mobile home
Nos. 61, 62, 63, 64 Travel trailer, camp
trailer, motor coach
8 (3) The term "boat or boat trailer" is defined as
9 "Any boat, yacht or vessel, regardless of size or motor capacity,
10 and any transportation device which may be utilized to transport a
11 boat, yacht, or vessel along public rights -of -way."
12 (C) Ticketing Procedure:
13 Vehicles, boats, or boat trailers parked in violation
14 of this section shall be ticketed by the Tamarac Police Department,
15 said ticket to be affixed to the windshield of the offending vehicle
16 or affixed at some other prominent place.
17 (D) Refusal to accept and sign Citation or "Notice to
A ear":
:3
19 Any person who willfully refuses to accept and sign
20 a citation issued pursuant to this section shall be guilty of a
21 separate violation and that person may be arrested or issued a Notice
22 to Appear by any law enforcement officer of the City of Tamarac and
23 shall be punished by a penalty not to exceed $500.00
24 (E) Fine:
25 A fine of $5.00 shall be assessed for the first
26 violation of this section. Any repeat violation by the same vehicle,
27 however, shall be assessed as follows:
28 (a) Second violation within six months of
29 first violation---------------------- $10.00
30 (b) Third violation within six months of
31 first violation ---------------------- $15.00
32 (c) Fourth violation within six months of
33 first violation---------------------- $20.00
34 (d) Fifth violation within six months of
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first violation and each violation
thereafter-------------------------- $25.00
(F) Failure or refusal to pay fine:
It shall be a violation of this ordinance for any
person to refuse or fail to pay any fine assessed for a violation
of this section and that person shall be guilty of a separate
violation. A penalty of not more than Five Hundred dollars ($500.00)
shall be assessed against any person who shall refuse or fail to
pay a fine due for violation of this ordinance within thirty (3-0)
calendar days of the date of issuance of the Citation.
(G) The Chief of Police or his designate are hereby
directed to void a Citation issued for improper parking of a.
commercial or recreational vehicle upon the showing of registration
or other proof for the vehicle that was issued the Citation that is
not within any category set forth in Section (B)(1) or (B)(2) above.
SECTION 2: Severability
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or uncon-
stitutional by any Court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and
such holding shall not affect the validity of the remaining portions
of this ordinance.
SECTION 3: Specific authority to codify this ordinance
in the City's code is hereby granted.
SECTION 4: All ordinances or parts of ordinances in
conflict herewith are hereby repealed to the extent of such conflict.
SECTION 5: This ordinance shall be effective July 8, 1978.
PASSED FIRST READING THIS � 7 DAY OF ,1978_
PASSED SECOND READING THIS(�(T DAY OF ,1978.
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ATTEST: -
MAYO
CITY CLERK
/0 I HEREBY CERTIFY that I have approved RECORD Q� COUNCIL y��
the form and correctness of this ORDINANCE MAYOR W.FALCK
yi
y� V/M H. MASSARp ___ a. v
C ATTORNEY C/M H. WIENER
C/M I.M. D►SRAELLY