HomeMy WebLinkAboutCity of Tamarac Ordinance O-1986-040" PLEASE
DOTE
*** THE ORIGINAL SIGNED ORDINANCE #86-40
CANNOT BE FOUND.
A COPY OF THE UNSIGNED ORDINANCE
IS BEING FILMED WITH A COPY OF THE
7/9/80 CITY COUNCIL MEETING MINUTES
THAT APPROVED THIS ORDINANCE.
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THIS IS BEING DONE IN ORDER TO PRESERVE
THE INTEGRITY OF THIS ROLL OF FILM.
M
—in#,Eoduced by:
Temp. Ord. #1268
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-86- 40
AN ORDINANCE AMENDING THE CITY CODE OF THE
CITY OF TAMARAC AT CHAPTER 151 MOTOR VEHI-
CLES AND TRAFFIC, ADDING A NEW SUBSECTION TO
BE NUMBERED 15-3.3; PROVIDING FOR A PRESUMP-
TION THAT ANY MOTOR VEHICLE, RECREATIONAL
VEHICLE, TRAILER, BOAT OR BOAT TRAILER,
MOTOR HOME. COMMERCIAL VEHICLE PARKED IN
VIOLATION OF CHAPTER 15 OF THE CODE OF,
ORDINANCES OF THE CITY OF TAMARAC SHALL BE
PRESUMED TO HAVE BEEN PARKED ILLEGALLY BY
THE OWNER OF SAID MOTOR VEHICLE, RECREA-
TIONAL VEHICLE, TRAILER, BOAT OR BOAT
TRAILER, MOTOR HOME AND COMMERCIAL VEHICLE;
PROVIDING FOR A REPEALER; PROVIDING FOR j
SEVERABILITY OF INVALID PROVISIONS; PROVI-
DINGFOR CODIFICATION; AND PROVIDING AN
EFFEgTIME.. ATE • -
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF TAMARAC, FLORIDA THAT:
SECTION]-1: Chapter 15, Motor Vehicles and Traffic shall be
amended by adding a new Section to be numbered 15-3.3 which
shall provide in full as follows:
15-3.3
rgs'ponsibilityr prClumption.
The owner of any motor vehicle, recreational vehicle,
trailer, boat, or boat trailer, motor home, commercial vehicle,
is responsible and liable for payment of any parking ticket vio-
lation received as a result of the violations of the provisions
of this Chapter unless the owner can furnish evidence that said
motor vehicle, recreational vehicle, trailer, boat or boat
trailer, motor home, commercial vehicle, was at the time of the
parking violation, in care, custody, or control of another
person. In such instances, the owner of the motor vehicle,
recreational vehicle, trailer, boat or boat trailer, motor home,
commercial vehicle, is required, within reasonable time after
notification of. the parking violation, -to furnish to the appro-
priate law enforcement authority, the name and address of the
person or company who leased, rented or otherwise had the care,
-1-
custody, or control of,the motor vehicle, recreational vehicle,
= trailer, boat or boat trailer, motor home, commercial vehicle.
3 The owner of the motor vehicle, recreational vehicle, trailer,
4 boat or.boat trailer, motor home, commercial vehicle, is not
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responsible for a parking ticket received as a result of a
violation of this Chapter if when the ticket was received, the
,particular motor vehicle, recreational vehicle, trailer, boat or
boat trailer, motor home, commercial vehicle was stolen or in
the care, custody, or control of some person who did not have
permission of the owner.
b&VXAW1Y_L: All Se9l;JOUN VL kPQL4o0 V1 act %-J6W&&0 vi Fa&W •IWWv
Of Municipal Ordinances, all ordinances or parts of ordinances,
and all resolutions or parts of resolutions in conflict here-
with, be and the same, are hereby repealed to the extent of such
conflicts.
SCIION -, 3: Should any section or provision of this Ordin-
ance or any portion thereof, or any paragraph, sentence or word
be declared by a Court of competent jurisdiction to be invr"
such decision shall not affect the validity of the
hereof as a whole or any part hereof, other than the part
declared to be -invalid.
SECTION 4: Specific authority is hereby granted to codify
this Ordinance.
SECTION 5: This Ordinance shall become effective immedi-
ately upon its final passage.
PASSED FIRST READING this day Of , 1986.
PASSED SECOND READING this day of , 1986.
ATTEST:
CITY CLERK
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this ORDINANCE.
CITY ATTORNEY
-2-
MAYOR
PUBLIC HEA
8. Yehicle, Boat-or'1
,ChaRter .1.5 - TeMp. Qrd.1268 - Discussion and possible
action to amend Chapter 15 by creating a new Subsection
15-3.3 to provide for a presumption that any motor vehicle,
recreational vehicle, trailer, boat or boat trailer, motor
home or commercial vehicle parked in violation of this
Chapter shall be presumed to have been parked illegally by
the owner. Second Reading.
SYNOPSIS OF ACTION: ORDINANCE NO. 0-86-40 PASSED.
APPROVED on second and final
reading. Public hearing was
held.
Mr. Applegate read Temp. 0 #1268 by title.
Mayor Hart opened the public hearing. Bernard Sims, resident,
asked if this Ordinance will enable the Police to go on private
property 'to cite illegal parking. Mr. Applegate said it is a
provision in the City Code and, if there are any vehicles
illegally parked, the Police can take appropriate action.
Vickie Beech, resident, said many residents are not aware that the
Ordinance exists pertaining to violations of parking of vehicles,
etc., and she suggested that an announcement be made in the PIC
notices to the public.
Morris Haber, Charter Board member, said public hearings do not
have much value since the people are not aware of what is being
discussed.
Mayor Hart closed the public hearing with no further response.
C/W Massaro asked Mr. Sims if he would like the Police to monitor
his area for parking and Mr. Sims said yes. He said there are
illegally parked vehicles at times and the Police will not get
involved because it is Condominium and is considered private
property. C/W Massaro said this should be considered further.
Mr. Applegate said the question raised is valid but it must be
reviewed by the Administration, Legal and Police Departments to
determine what is being done and why it is being done. He said
that question has nothing to do with this Ordinance.
C/W Massaro asked if something cannot be written into this Ord-
inance that would make it illegal for people to park where they do
not belong. Mr. Applegate said this will be examined further.
C/M Gottesman asked if the Police are allowed to ticket a car in a
private residence and Mr. Applegate said he will have to examine
this further. He said the purpose of this Ordinance is to
establish a presumption so that when the Police ticket a vehicle
that is illegally parked, the City is aided in prosecution of that
parking violation by noting that the owner is the one responsible
for that violation.
C/W Massaro asked if a resident owns a recreational vehicle, do
they have the right to park this in their yard. Mayor Hart said
that.is not what is on the agenda for discussion today.
C/M Stein MOVED APPROVAL of Temp. Ord.,#1268 on second and final
reading, SECONDED by V/M Stelzer.
VOTE:
12 7/9/86
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