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.