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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2004-020C G Temp. Ord. #T02053 1 05/17/2004 revision 1 6/30/04 revision 2 7/6/04 revision 3 7/7/04 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2004-20 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING TAMARAC CODE, CHAPTER 14, "MOTOR VEHICLES AND TRAFFIC", BY CREATING ARTICLE IV, "COMMERCIAL VEHICLE WEIGHT AND LOAD RESTRICTIONS", IN ACCORDANCE WITH CHAPTER 316, FLORIDA STATUTES, BY PROVIDING REGULATIONS ON WHEEL AND AXLE LOAD AND VEHICLE WEIGHTS FOR CERTAIN VEHICLES OPERATING ON CITY ROADWAYS; PROVIDING FOR ENFORCEMENT, INSPECTION, PENALTIES AND APPEAL; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FORSEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, municipalities are authorized to enact commercial vehicle regulations for roadways within the jurisdiction of the municipality pursuant to Florida Statute sections 316.006 and 316.555; and WHEREAS, the regulation of wheel and axle loads and gross vehicle weights of certain vehicles on roadways within the City's jurisdiction and the assessment of fees and penalties for violations of the regulations will promote the public health, safety and general welfare upon the streets, roadways and highways within the City of Tamarac; and WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interest of the citizens and residents of the City of Tamarac that Chapter 14 of the CODING: Words in st-rtrel( thFeUgh type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #T02053 2 05/17/2004 revision 1 6/30/04 revision 2 7/6/04 revision 3 7/7/04 Tamarac Code, "Motor Vehicles and Traffic", be amended to add Article IV, "Commercial Vehicle Weight and Load Restrictions", in accordance with Chapter 316 of the Florida Statutes. 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: That the Tamarac Code, Chapter 14, "Motor Vehicles And Traffic", is hereby amended by adding Article IV, " Commercial Vehicle Weight And Load Restrictions" as follows: Chapter 14 MOTOR VEHICLES AND TRAFFIC* Article IV: COMMERCIAL VEHICLE WEIGHT AND LOAD RESTRICTIONS Sec. 14-80. Purpose. The purpose of this Article is to promote the public health, safetv and general welfare upon the streets, roadways and highways of the city by regulating the wheel and axle loads and gross vehicle weights of certain vehicles: to provide for the assessment of fees: and to provide penalties for the violation of this Article. CODING: Words in StFU eUg# type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #T02053 3 05/17/2004 revision 1 6/30/04 revision 2 7/6/04 revision 3 7/7/04 Sec. 14-81. Adoption. Except as otherwise provided in this Article the city expressly adopts the weight and load restrictions and enforcement procedures for commercial vehicles as promulgated in Florida Statutes, Chapter 316, Rules and Regulations contained in Chapter 49 Code of Federal Regulations 390-397 and North American Driver Out -of -Service Criteria, as amended from time to time. Sec. 14-82. Jurisdiction. The jurisdiction for determining restrictions as to oversize/overweight vehicles is given to the city by the state through the provisions of Florida Statutes, Chapter 316, specifically ss. 316.006 and 316.555. Sec. 14-83. Violation. It is a violation of this Article for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved, on any street, roadway or highway in the city, any vehicle or vehicles of a size or weight exceeding the limitations stated in this chapter or otherwise in violation of this chapter. Sec. 14-84. Maximum Weights. (a) The gross weight imposed on the street, roadway or highway by the wheels of any one axle of a vehicle shall not exceed 20.000 hounds. b) Subiect to the limit upon the weiaht imposed upon the streets. roadways and highways through any one axle as set forth herein, the total weight with load imposed upon the street, roadway or highway by all the axles of a vehicle or combination of vehicles shall not exceed the gross weight given for the respective distance between the first and last axle of the vehicle or combination of vehicles. measured lonaitudinally to the nearest foot as set forth in the followina table: Distance in Feet Between First Maximum Load in Pounds and Last Axles of Vehicles or on all Axles Combination of Vehicles 4.......... 40,000 CODING: Words in StFUekthreegh type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #T02053 05/17/2004 revision 1 6/30/04 revision 2 7/6/04 revision 3 7/7/04 5.......... 6.... 40.00 7.... 40.00 8.......... 40,000 9.......... - 44,140 10.......... 44.98 11.......... 45 810 12.......... 46,640 13.......... 47,480 14.......... 48.310 15.......... 49,150 16.......... 49,980 17.......... 50,810 18.......... 51.64 19.......... 52.48 20.......... 53.310 21.......... 54.14 22.......... -- 54.980 23.......... 55 810 24.......... 56 640 25.......... 57 470 26.......... 58,310 27.......... 59.140 28.......... 59,970 29.......... 60,810 30.......... 61.640 31.......... 62,470 32.......... 63,310 33.......... - 64.140 34.......... 64.970 35.......... 65,800 36.......... 66,610 (c) With respect to those highways not in the Interstate Highway System in all cases in which it exceeds state law in effect on January 4 1975 the overall gross weight on the vehicle or combination of vehicles including all enforcement tolerances shall be as determined by the following formula: CODING: Words in StFUEk threugh type are deletions from existing law; Words in underscored type are additions. E it 1 Temp. Ord. #T02053 05/17/2004 revision 1 6/30/04 revision 2 7/6/04 revision 3 7/7/04 W = 500((LN _ (N-1)+ 12N + 36) Where W = overall gross weight of the vehicle to the nearest 500 pounds; L = distance in feet between the extreme of the external axles; and N = number of axles on the vehicle. However, such overall gross weight of any vehicle or combination of vehicles may not exceed 80,000 pounds including all enforcement tolerances. (d) Dump trucks, concrete mixing trucks, fire trucks and other emergency vehicles, trucks engaged in waste collection and disposal, and fuel oil and gasoline trucks designed and constructed for special type work or use, when operated as a single unit, shall be subject to all safety and operational requirements of law, except that any such vehicle need not conform to the axle spacing requirements of this section provided that such vehicle shall be limited to a total gross load, including the weight of the vehicle, of 20,000 pounds per axle plus scale tolerances and shall not exceed 550 pounds per inch width tire surface plus scale tolerances. No vehicle operating pursuant to this section shall exceed a gross weight, including the weight of the vehicle and scale tolerances, of 70,000 pounds. Any vehicle violating the weight provisions of this section shall be penalized as provided in Section 14-85. (e) The city shall adopt rules consistent with the Department of Transportation to implement this section, shall enforce this section and the rules adopted hereunder, and shall publish and distribute tables and other publications as deemed necessary to inform the public. (f) Except as hereinafter provided, no vehicle or combination of vehicles exceeding the gross weights specified in Section 14-84(b), U and (d) shall be permitted to travel on the public streets, roadways or highways within the city. Sec. 14-85. Weight and Load Unlawful; Special Fuel and Motor Fuel Tax Enforcement; Inspection; Penalty; Review. (a) Any designated officer of the city or of the Department of Transportation having reason to believe that the weight of a vehicle and load is unlawful is authorized to require the driver to stop and submit to a weighing of the same by means of either portable orfixed scales and may require that such vehicle be driven to the nearest weigh station or public scales, provided such a facility is within five miles. Upon a request by the vehicle operator, the officer shall weiah the vehicle at fixed scales rather than by Dortable scales if such a CODING: Words in stFUel( thFaUgh type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #T02053 6 05/17/2004 revision 1 6/30/04 revision 2 7/6/04 revision 3 7/7/04 facility is available within five miles. Anyone who refuses to submit to such weighing obstructs an officer pursuant to Florida Statute s. 843.02 and is guilty of a misdemeanor of the first degree, punishable as provided in Florida Statute ss 775.082 or 775.083. Anyone who knowingly and willfully resists obstructs or opposes an officer while refusing to submit to such weighing by resisting the officer with violence to the officer's person pursuant to Florida Statute s. 843.01 is guilty of a felony of the third degree punishable as provided in Florida Statute ss. 775.082, 775.083 or 775.084. (b) (1) Whenever an officer, upon weighing a vehicle or combination of vehicles with load determines that the axle weight or gross weight is unlawful the officer may require the driver to stop the vehicle in a suitable place and remain standing until a determination can be made as to the amount of weight thereon and if overloaded the amount of penalty to be assessed as provided herein However, any gross weight over and beyond 6,000 pounds beyond the maximum herein set shall be unloaded and all material so unloaded shall be cared for by the owner or operator of the vehicle at the risk of such owner or operator. Except as otherwise provided for in Florida Statutes Chapter 316 to facilitate compliance with and enforcement of the weight limits established in Section 14-84 weight tables published pursuant to Florida Statutes. 316.535(7) shall include a 10% scale tolerance and shall reflect the maximum scaled weights allowed any vehicle or combination of vehicles. Notwithstanding any other provision of the weight law, if a vehicle or combination of vehicles does not exceed the gross external bridge or internal bridge weight limits imposed in Section 14-84 and the driver of such vehicle or combination of vehicles can comply with the requirements of Florida Statutes Chapter 316 by shifting or equalizing the load on all wheels or axles and does so when requested by the proper authority, the driver shall not be held to be operating in violation of the weight limits (2) The officer shall inspect the license plate or registration certificate of the commercial vehicle, as defined in Florida Statute s. 316.003(66) to determine if its gross weight is in compliance with the declared gross vehicle weight If its gross weight exceeds the declared weight, the penalty shall be the amount per pound as provided for in Florida Statute s. 316.545, as amended, on the difference between such weights In those cases when the commercial vehicle as defined in Florida Statutes 316 003(66) is being operated over the streets, roadways or highways of the city with an expired registration or with no registration from this or any other jurisdiction or is not registered under the applicable provisions of Florida Statutes Chapter 320 the penalty herein shall apply on the basis of the amount per pound as provided for in Florida Statute s. 316.545, as amended on that scaled weight which exceeds 35,000 pounds on laden truck tractor- semitrailer combinations or tandem trailer truck combinations 10,000 pounds on laden straight trucks CODING: Words in StFUe eagh type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #T02053 7 05/17/2004 revision 1 6/30/04 revision 2 7/6/04 revision 3 7/7/04 or straight truck -trailer combinations, or 10,000 pounds on any unladen commercial motor vehicle. If the license plate or registration has not been expired for more than 90 days, the penalty imposed under this section may not exceed $1,000.00. In the case of special mobile equipment as defined in Florida Statutes. 316.003(48), which qualifies for the license tax provided for in Florida Statute s. 320.08(5) (b),being operated on the streets, roadways, or highways of the city with an expired registration or otherwise not properly registered under the applicable provisions of Florida Statutes, Chapter 320, a penalty of $75.00 shall apply in addition to any other penalty which may apply in accordance with Florida Statutes, Chapter 316. A vehicle found in violation of this section may be detained until the owner or operator produces evidence that the vehicle has been properly registered. Any costs incurred by the retention of the vehicle shall be the sole responsibility of the owner. A person who has been assessed a penalty pursuant to this division for failure to have a valid vehicle registration certificate pursuant to the provisions of Florida Statutes, Chapter 320, is not subject to the delinquent fee authorized in Florida Statute s. 320.07, if such person obtains a valid registration certificate within 10 working days after such penalty was assessed. U Weight limits established and posted for a road or bridge pursuant to Florida Statute s. 316.555 and weight limits specified in special permits issued pursuant to Florida Statute s. 316.550 shall be deemed to include all allowable tolerances. In those cases when a vehicle or combination of vehicles exceeds the weight limits established and posted for a road or bridge pursuant to Florida Statute s. 316.555, or exceeds the weight limits permitted in a special permit issued pursuant to Florida Statutes. 316.550, the penalty shall be the amount per pound as provided for in Florida Statute s. 316.545, as amended, on the difference between the scale weight of the vehicle and the weight limits for such posted road or bridge or permitted in such special permit. However, if a special permit is declared invalid in accordance with rules promulgated pursuant to Florida Statute s. 316.550, the penalties imposed in Section 14-85(c) below shall apply to those weights which exceed the limits established in Section 14-84. (c) Any person who violates the overloading provisions of this chapter shall be conclusively presumed to have damaged the streets, roadways or highways of this city by reason of such overloading, which damage is hereby fixed as follows: (1) When the excess weight is 200 pounds or less than the maximum herein provided, the penalty shall be $10.00; (2) The amount per pound as provided for in Florida Statute s. 316,545, as CODING: Words in struck thnaugh type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #T02053 8 05/17/2004 revision 1 6/30/04 revision 2 7/6/04 revision 3 7/7/04 amended, for each pound of weight in excess of the maximum herein provided when the excess weight exceeds 200 pounds. However, whenever the gross weight of the vehicle or combination of vehicles does not exceed the maximum allowable gross weight, the maximum fine for the first 600 pounds of unlawful axle weight shall be $10.00: U An apportioned motor vehicle, as defined in Florida Statutes. 320.01, operating on the streets, roadways or highways of this city without being properly licensed and registered shall be subject to the penalties as herein provided; (4) Vehicles operating on the streets, roadways, or highways of this city from nonmember International Registration Plan jurisdictions which are not in compliance with the provisions of Florida Statutes. 316.605, shall be subject to the penalties as herein provided. (5) The defendant in an action hereunder may seek to rebut the presumption of damage set forth in this Section. (d) (1) No commercial vehicle, as defined in Florida Statute s. 316.003(66) shall be operated over the streets, roadways, or highways of this city unless it has been properly registered under the provisions of Florida Statutes. 207.004. Whenever any law enforcement officer identified in Florida Statute s. 207.023(l), upon inspecting the vehicle or combination of vehicles determines that the vehicle is in violation of Florida Statute s. 207.004. a Denaltv in the amount of $50.00 shall be assessed. and the vehicle may be detained until payment is collected by the officer. U In addition to the penalty provided for in Section 14-85 (d)(1), the vehicle may be detained until the owner or operator of the vehicle furnishes evidence that the vehicle has been properly registered pursuant to Florida Statute s. 207.004. Any officer or agent of the Department of Transportation may issue a temporary fuel use permit and collect the appropriate fee as provided for in Florida Statutes. 207.004(4). Notwithstanding the provisions of this section, all permit fees collected pursuant to this subsection shall be transferred to the Department of Hiahwav Safetv and Motor Vehicles to be allocated ursuant to Florida Statute s. 207.026. (3) Any person aggrieved by the imposition of penalties pursuant to Section 14- 85(d) may apply to the City's Special Master as provided for in Section 14-85(h_), for modification, cancellation, or revocation of the penalty, and the Special Master is authorized to modify, cancel, revoke or sustain such penalty. CODING: Words in stFUEl h type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #T02053 9 05/17/2004 revision 1 6/30/04 revision 2 7/6/04 revision 3 7/7/04 (e) In addition to the right to prosecute violations in County Court, whenever any person violates the provisions of this chapter and becomes indebted to the city because of such violation in the amounts aforesaid and refuses to pay said penalty, such penalty shall become a lien upon the motor vehicle, and the same may be foreclosed by the city in a court of equity. It shall be presumed that the owner of the motor vehicle is liable for the sum. Any person, firm, or corporation claiming an interest in the seized motor vehicle mays at any time after the lien of the city attaches to the motor vehicle, obtain possession of the seized vehicle by filing a good and sufficient forthcoming cash bond with the officer having possession of the vehicle, payable to the city in twice the amount of the city's lien. It shall be presumed that the owner of the motor vehicle is liable for the penalty imposed under this section. Upon the posting of such bond with the officer making the seizure, the vehicle shall be released and the bond shall be forwarded to the city for safekeeping. The lien of the city against the motor vehicle aforesaid shall be foreclosed in equity, and the ordinary rules of court relative to the proceedings in equity shall control. If it appears that the seized vehicle has been released to the defendant upon defendant's forthcomina bond, the citv shall take judgment of foreclosure against the property itself, and judgment against the defendant for the amount of the lien, including cost of proceedings. After the rendition of the decree, the city may, at its option, proceed to sue the defendant for the amount recovered as aforesaid or direct the sale of the vehicle under foreclosure. (f) Any officer or agent collecting the penalties herein imposed shall give to the owner or driver of the vehicle a receipt for all penalties collected. Such officers or agents shall cooperate with the owners or drivers of motor vehicles so as not to delay unduly the vehicles. (g) Pursuant to Florida Statute ss. 316.302 and 316.545, penalties and fees are due and payable at the time of issuance and shall be remitted to the officer who assessed the penalty. Payment shall be made for the amount of the assessment in cash, money order, or cashier's check and shall be made payable to the city_ (h) Any person aggrieved by the imposition of a civil penalty pursuant to this Article may apply to the City's Special Master for a modification, cancellation or revocation of the penalty: and the Special Master is authorized to modify, cancel, revoke or sustain such penalty. Penalties and fines collected by anv officer or aaent will be delivered to the Citv of Tamarac, which will disperse ten percent (10%) of said penalties and fines into the City's CODING: Words in stFUel( thFeUgh type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #T02053 10 05/17/2004 revision 1 6/30/04 revision 2 7/6/04 revision 3 7/7/04 Police Services Educational Assistance fund on a monthly basis Sec. 14-86. Special Permits. An oversize or overweight vehicle or load thereon may not enter onto or be operated on a public road in the city unless the owner or operator of such vehicle has first obtained the special permit pursuant to Florida Statutes 316.550. Any owner or operator holding such special permit shall be exempt from the limitations established in Section 14-84 but must abide by the limitations as described in the special permit Sec. 14-87. Weight, Load Limits Lowered The city may prescribe, by notice hereinafter provided for loads and weights lower than the limits prescribed in this chapter and other laws whenever in its judgment any road or part thereof or any bridge or culvert shall by reason of its design deterioration rain or other climatic or natural causes be liable to be damaged or destroyed by motor vehicles trailers or semitrailers, if the gross weight shall exceed the limits prescribed in said notice The city may, by like notice, regulate or prohibit in whole or in partthe operation of any specified class or size of motor vehicles trailers or semitrailers on any streets roadways or highways or specified parts thereof under its jurisdiction whenever in its judgment such regulation or prohibition is necessary to provide for the public safety and convenience on the streets, roadways or highways or parts thereof, by reason of traffic density, intensive use thereof by the traveling public or other reasons of public safety and convenience The notice or substance thereof shall be posted at conspicuous places at terminals of all intermediate crossroads and road junctions with the section of street roadway or highway to which the notice shall apply. After any such notice has been posted the operation of any motor vehicle or combination contrary to its provisions shall constitute a violation of this chapter. Sec. 14-88. Damage to Streets Roadways, Highways: Liability of Driver and Owner. Any person driving or moving any vehicle or combination of vehicles object or contrivance upon any street, roadway, highway or highway structure shall be liable for all damages which the highway or structure may sustain as a result of any illegal operating driving or CODING: Words in StFUe'( thFeUgh type are deletions from existing law; Words in underscored type are additions. I Temp. Ord. #T02053 11 05/17/2004 revision 1 6/30/04 revision 2 7/6/04 revision 3 7/7/04 moving of such vehicle or combination of vehicles, obmect, or contrivance, whether or not such damage is a result of operating driving, or moving any vehicle or combination of vehicles, object, or contrivance weighing in excess of the maximum weights or exceeding the maximum size as provided in this chapter but authorized by special permit issued pursuant to Florida Statute s. 316.550. Whenever the driver is not the owner of the vehicle or combination of vehicles, object, or contrivance but is so operating driving, or moving the same with the express or implied permission of the owner, then the owner and driver shall be jointly and severally liable for any such damage. Such damage may be recovered in any civil action brought by the authorities in control of the street, roadway, highway or highway structure. 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 or 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 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 stFuck thFough type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #T02053 12 05/17/2004 revision 1 6/30/04 revision 2 7/6/04 revision 3 7/7/04 SECTION 6: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this 14th day of July, 2004. PASSED, SECOND READING this 25th day of August, 2004. JOE SCHREIBER MAYOR ATTEST: RECORD OF COMMISSION VOTE: 1st Reading AYOR SCHREIBER AYE DIST 1: COMM. PORTNER AYE MARION SWENSON, CMC DIST 2: COMM. FLANSBAUM-TALABISCO AYE CITY CLERK DIST 3: V/M SULTANOF AYE DIST 4: COMM. ROBERTS AYE RECORD OF COMMISSION VOTE: 2nd Reading I HEREBY CERTIFY that MAYOR SCHREIBER AYE I have approved this DIST 1: COMM. PORTNER AYE ORDINANCE as to form. DIST 2: COMM. FLANSBAUM-TALABISCO AYE DIST 3- M SULTANOF AYE ,l` DI 4: COMM. ROBERTS AYE MITCHEL)fS. KRM CITY ATTORNEY CODING: Words in s#ttel( thFough type are deletions from existing law; Words in underscored type are additions.