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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1998-014Temp. Ord. #1824 Rev. #l, June 19, 1998 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-98-/i� AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 7 OF THE TAMARAC CODE ENTITLED "FIRE PREVENTION AND PROTECTION", ARTICLE 1, IN GENERAL BY ADDING SECTION 7-1 ENTITLED "BLASTING PROHIBITED", PROVIDING FOR THE BAN ON EXPLOSIVES WITHIN THE CITY OF TAMARAC; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, property owners and residents of the City of Tamarac have expressed that their real and personal property has been damaged as a result of blasting activities permitted in conjunction with excavation activities; and WHEREAS, excavation activities by blasting can cause damage to properties which are difficult for property owners to prove and place a heavy burden on property owners and residents to pursue claims against the parties conducting the blasting activities; and WHEREAS, blasting operations have become a nuisance in the City producing annoyance, inconvenience, and discomfort to the residents of the City; and WHEREAS, a prohibition of blasting in the City of Tamarac will serve to eliminate the potential adverse impact to the surrounding residents' properties; and WHEREAS, there are alternative methods to blasting which alleviate the difficulty of mining, quarrying and excavation operations caused by the hardness of rock in the City of Tamarac; and CODING: Words in stfusk 4weug4 type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #1824 Rev. #1, June 19, 1998 WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interests of the health, safety, and general welfare of the citizens and residents of the City of Tamarac to prohibit blasting within the City of Tamarac. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing whereas clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The Tamarac City Code is hereby amended by adding the following: BLASTING PROHIBITED Sec. 7-1. Explosives, blasting prohibited. It shall be unlawful for any user, through himself or a blaster, to blast, fire, detonate or use My explosive within the territorial limits of the city. This section shall not act to regulate the use of fireworks as set forth in Chapter 15 of this Code. SECTION 3: Any person or developer who does not have a pending application or a valid permit issued by any governmental entity to conduct blasting activities within the City of Tamarac as of the passage of this Ordinance will be prohibited from conducting blasting operations within the City of Tamarac. SECTION 4: It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered, relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. CODING: Words in stfusk thr-euglrtype are deletions from existing law; Words in underscored type are additions. 1 `1 Temp. Ord. #1824 Rev. #1, June 19, 1998 SECTION 5: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 7: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this e day of Jc/1y ,19 9IF PASSED, SECOND READING this -?-� day of JU& ,19 -ff ATT T: CAROL Gqfo CITY CLEkk I HEREBY CERTIFY that I have approved this Ordinance as to form. Cy1610:111CiT-%WNM r E SCHREIBER MAYOR RECORD OF COMMI MAYOR SCHREIBER DIST 1: COMM. McKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANC DIST 4: COMM. ROBERTS CODING: Words in type are deletions from existing law; Words in underscored type are additions. N VOTE Temp. Ord. # 1824 Rev. #1, June 19, 1998 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-98-_ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 7 OF THE TAMARAC CODE ENTITLED "FIRE PREVENTION AND PROTECTION", ARTICLE 1, IN GENERAL BY ADDING SECTION 7-1 ENTITLED 'BLASTING PROHIBITED", PROVIDING FOR THE BAN ON EXPLOSIVES WITHIN THE CITY OF TAMARAC; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERA_BILITY, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, property owners and residents of the City of Tamarac have expressed that their real and personal property has been damaged as a result of blasting activities permitted in conjunction with excavation activities; and WHEREAS, excavation activities by blasting can cause damage to properties which are difficult for property owners to prove and place a heavy burden on property owners and residents to pursue claims against the parties conducting the blasting activities; and WHEREAS, blasting operations have become a nuisance in the City producing annoyance, inconvenience, and discomfort to the residents of the City; and WHEREAS, a prohibition of blasting in the City of Tamarac will serve to eliminate the potential Aw adverse impact to the surrounding residents' properties; and WHEREAS, there are alternative methods to blasting which alleviate the difficulty of mining, quarrying and excavation operations caused by the hardness of rock in the City of Tamarac; and CODING: Words in rig}} type are deletions from existing law; Words in underscored type are additions. Temp. Ord. # 1824 Rev. #1, June 19, 1998 WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interests of the health, safety, and general welfare of the citizens and residents of the City of Tamarac to prohibit blasting within the City of Tamarac. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing whereas clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The Tamarac City Code is hereby amended by adding the following: BLASTING PROHIBITED Sec. 7-1. Explosives: blasting_nrohibited. It shall be unlawful for any g_ r detonate or use ,.,,,,_ user, through himself o,., a blaster, to blast, fire, deton any explosive within the territorial limits of the city. This section shall not act to regulate the use of fireworks as set forth in Chapter 15 of this „Code. SECTION 3: Any person or developer who does not have a pending application or a valid permit issued by any governmental entity to conduct blasting activities within the City of Tamarac as of the passage of this Ordinance will be prohibited from conducting blasting operations within the City of Tamarac. w- SECTION 4: It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered, relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. CODING: Words in stpask tkr-e 94 type are deletions from existing law; Words in underscored type are additions. Temp. Ord. # 1824 Rev. #1, June 19, 1998 SECTION 5: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 7: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this day of Jyly PASSED, SECOND READING this day of JU At ,19 I HEREBY CERTIFY that I have approved this Ordinance as to form. i ` MITCHELL S. KRAFT CITY ATTORNEY RECORD OF COMMISSION VOTE MAYOR SCHREIBER 16 DIST 1: COMM. McKAYE DIST 2:—NUM MISHKIN DIST 3: COMM' SULTANOF DIST 4: COMM. ROBERTS CODING: Words in s"el, thfowgii type are deletions from existing law; Words in underscored type are additions.