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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 CODING: Words in stFuelE thFeWffk type are deletions from existing law; Words in underscored type are additions. 1 �7 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: CODING: Words in s#Fuel( thFOUg4 type are deletions from existing law; Words in underscored type are additions. 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: 3 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 CODING: Words in stpuele thFeug4 type are deletions from existing law; Words in underscored type are additions. LJ 1 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. CODING: Words in stFue�k thFeHff4 type are deletions from existing law; Words in underscored type are additions. 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. CODING: Words in stFuelE thFOH# type are deletions from existing law; Words in underscored type are additions. 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 CODING: Words in stfuel( thFeug& type are deletions from existing law; Words in underscored type are additions.