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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1986-0071 2 3 4 S 6 8 9 10 11 12 13 14 21 22 23 24 25 26 27 28 29 30 131 A 33 34 Introduced by: Temp. Ord. #1236 Rev. 12/16/85 Rev. 01/09/86 Rev. 01/10/86 Rev. 01/27/86 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-86-7 AN ORDINANCE AMENDING CHAPTER 15 OF THE CITY CODE BY THE CREATION OF SECTION 15-8, "PROHIBITION OF MOTOR VEHICLE REPAIRS IN RESIDENTIALLY ZONED AREAS"; PROVIDING PENALTIES FOR VIOLATIONS; PROVIDING FOR SEVERABILITY OF INVALID PROVISIONS; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by authority of the powers granted to municipalities by article 8, Section 2(b) of the Florida constitution the City has the right to protect the character of its residential areas; and WHEREAS, major motor vehicle repairs in residentially zoned areas are inconsistent with the nature of a residentially zoned area and cause an adverse effect on the residents' health, safety, welfare and on neighborhood aesthetics; and WHEREAS, the City Council takes note that major and minor motor vehicle repairs are being conducted within residential areas on private property and public rights of way; and WHEREAS, motor vehicle repairs in residentially zoned areas frequently result in those vehicles being immobilized for extended periods of time, thus causing a hindrance to the effective rendition of fire, police and emergency medical services, as well as creating an unsightly appearance; and WHEREAS, major motor vehicle repairs tend to degrade the environment by allowing motor vehicle fluids and cleaning solvents to runoff into the streets, sewers and canals of residentially zoned areas; and WHEREAS, motor vehicle repairs are a permitted use in business zoned areas where proper facilities exist. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTIQN_1: That Section 15-8 of the Tamarac City Code is hereby created to provide as follows: "Sec. 15-8 Prohibition of Motor Vehicle Repairs in Residentially Zoned areas. a) No motor vehicles may be dismantled or repaired in a residentially zoned area. Minor repairs to vehicles are exempted from this section provided that no money or consideration is given for the repair. For the purposes of this section minor repairs shall be defined as replacement of bulbs, fuses and windshield wipers; adjustment and replacement of the battery or VU ac 1 2 3 4 5 6 7 8 9 10 11 12 13 14 21 22 23 24 25 26 27 28 29 30 31 33. 33 34 activation of the battery by means of a charging machine or booster cables. b) Nothing herein shall prohibit the rendition of booster cable service and the removal of a motor vehicle from a residentially zoned area by towing. c) Vehicles with invalid registration or expired registration (Tags) or that are in a partially dismantled condition, shall not be parked or stored on the public right -of way or on private property in residentially zoned areas. d) Nothing contained herein shall prohibit any individual from performing any repairs on his personal motor vehicle when such repairs are conducted entirely within a fully enclosed residential garage. e) Any person who knowingly performs vehicle repairs or dismantles a vehicle; who permits a vehicle owned by him or in his possession to be repaired or dismantled; or permits vehicle repairs or dismantling of a vehicle to be made or done on property owned or rented by him, contrary to this section shall be subject to a fine of One hundred dollars ($100). Each vehicle and each day shall be a separate Violation. f) Any person storing or parking a vehicle contrary to subsection (c) above shall be in violation of this section and shall be subject to a fine of $100 as indicated in subsection (e) above. SECTION 2: Should any section or provision of this Ordinance or any portion thereof, or 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 hereof in whole or any part hereof, other than the part declared to be invalid. SECTION 3: Specific authority is hereby granted to codify this Ordinance. SECTION-1: This Ordinance shall become effective immediately upon its final passage. PASSED FIRST READING this_11_day of December-, 1985. _. PASSED SECOND READING thisAday of or MAYOR ATTEST: RECORD OF COUNCIL VOTE CITY CLERK 7 MAYOR: I HEREBY CERTIFY that I have approved the fm and correct- DIST4: nes / this ORDINANCE. 4-DIST 3: V ATTORNEY 10110785/t DIST 2: DIST 1: KRAVITZ�¢ C/M STEIN10, CIM GOTTESMAN�. C/ MUNITZ�Z V M MAS RO U U -2-