HomeMy WebLinkAboutCity of Tamarac Ordinance O-1999-0131
March 26, 1999 - Temp. Ord. #1839 1
Revision No. 1 - June 16, 1999
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-99-/3
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
AMENDING CHAPTER 14 ENTITLED, "MOTOR
VEHICLES AND TRAFFIC", ARTICLE I
ENTITLED, "IN GENERAL", CREATING
SECTION 14-6 ENTITLED, "PROHIBITION OF
HEAVY COMMERCIAL TRUCK TRAFFIC"
PROHIBITING HEAVY COMMERCIAL TRUCK
TRAFFIC ON NW 108 TERRACE/NW 80
STREET; CASE NO. 11-Z-97; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, the City of Tamarac, Florida has been experiencing rapid growth
throughout the City for the past five (5) years in the area of business and commerce
and forsees the growth to continue over the next five (5) years; and
WHEREAS, the creation of the Tamarac Commerce Park is strategically located
to attract significant business and commerce to the City of Tamarac which will increase
the amount of heavy commercial truck traffic along the major arterial roadways in the
City; and
WHEREAS, the City Commission of the City of Tamarac, Florida realizes the
pavement damage, pollution and noise that is generated by heavy commercial truck
traffic; and
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March 26, 1999 - Temp. Ord. #1839 2
Revision No. 1 - June 16, 1999
WHEREAS, it is the recommendation of the Director of Community Development
and the Director of Public Works that heavy commercial truck traffic be prohibited along
certain designated roadways in the City; and
WHEREAS, the City Commission of the City of Tamarac, Florida realizes the
pavement damage, pollution and noise that is generated by heavy truck traffic; and
WHEREAS, the City Commission of the City of Tamarac, Florida has deemed it to
be in the best interest of the citizens and residents of the City of Tamarac to amend the
regulations and requirements for motor vehicles and traffic regarding heavy commercial
truck traffic.
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 the Ordinance
upon adoption hereof.
SECTION 2: That Article I, entitled "In general" is hereby amended and
Section 14-6, entitled "Prohibition of heavy commercial truck traffic" is hereby created to
read as follows:
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March 26, 1999 - Temp. Ord. #1839
Revision No. 1 - June 16, 1999
Section 14-6 Prohibition of heavy commercial truck traffic.
It shall be a violation of this section for any person without authority to operate a heavy_
commercial truck along those public roads specified in this section except when
necessary to avoid conflict with other traffic or in compliance with the direction of a
police officer or traffic central device.
(a) Definitions. The City hereby adopts by reference all of the
rovisions of F.S. Chapter 320.01 known as Motor Vehicle Licenses Definitions
general. - for this section except where the context clearly indicates a different
meaning:
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Truck means any motor vehicle with a net vehicle weight of 5,000 pounds
or less and which is designed or used principally for the carriage ofgoods...
transportation of goods or commerce but not those vehicles carryingpassengers.
0 Heavy Commercial Truck means any motor vehicle with a net vehicle
weight of more than 5,000 pounds, which is registered on the basis of gross
vehicle weight in accordance with F.S. 320.08 4 and which is designed or used
for the carriage of goods... other than the personal effects of the passengers.
u Exemptions. The following is a list of heavy trucks that are
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March 26, 1999 - Temp. Ord. #1839 4
Revision No. 1 - June 16, 1999
exempt in this section:
LD Garbage Trucks (provided a franchise agreement has been
executed between the city and franchisee):
0 Moving Trucks
Q Delivery Vans:
(4) Municipal, county, state and other governmental agency vehicles..
Lb) Restrictions. The provisions of this section shall apply to the following public
roads:
LD Along the course of Northwest 1081" Terrace from its intersection with
McNab Road northerly a distance of six -thousand six -hundred fifty-nine
(6,659) feet.
0 Along the course of Northwest 80`" Street from its intersection with Nob
Hill Road westerly a distance of two -thousand six -hundred forty (2,640)
feet.
(c) Violation. Whenever a law enforcement officer finds a vehicle in violation of this
section that officer may charge the operator or other person in charge of having
the use of the vehicle in violation of this section punishable as provided herein.
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March 26, 1999 - Temp. Ord. #1839 5
Revision No. 1 - June 16, 1999
d Penalty. Any person issued a citation for violatinq the pLovisions of this section
shall be subject to a fine of two -hundred fifty dollars ($250.00) for each such
citation. Any person cited under this provision -shall be entitled to the appeal
provisions of section 14-38.
SECTION 3: 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.
SECTION 4: All Ordinances or parts of Ordinances, and all Resolutions or
parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.
SECTION 5: 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.
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March 26, 1999 - Temp. Ord. #1839 6
Revision No. 1 - June 16, 1999
SECTION 6: This Ordinance shall become effective immediately upon its
passage and adoption.
PASSED, FIRST READING this �� y of 11999.
PASSED, SECOND READING this /Z/tlday of , 1999.
JOE SCHREIBER
MAYOR
ATTEST:
CAROL GOLD, C/AAE
CITY CLE K
I HEREBY CERTIFY that I
approved this
R INANCE as to form.
MITCHELL S'
CITY ATTOR
com mdev\u:\pats\u serdata\wpd ata\o rd\1839ord
RECORD OF COMMISSION
MAYOR
SCHREIBER
DIST 1:
COMM. PORTNER
DIST 2:
V/M MISHKIN
DIST &
COMM. SULTANOF
DIST d:
COMM. ROBERTS
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Words in underscored type are additions.