HomeMy WebLinkAboutCity of Tamarac Ordinance O-1986-0071
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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
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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
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DIST 2:
DIST 1:
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