HomeMy WebLinkAboutCity of Tamarac Ordinance O-2016-0101
Temp. Ord. # 2333
May 2, 2016
Page 1
REV 1
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. ` 0
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA AMENDING CHAPTER 14 OF THE CITY'S
CODE OF ORDINANCES, ENTITLED "MOTOR VEHICLES AND
TRAFFIC" BY SPECIFICALLY AMENDING ARTICLE II, ENTITLED
"STOPPING, STANDING AND PARKING," SECTION 14-30
ENTITLED "PARKING OR STORAGE OF COMMERCIAL OR
RECREATIONAL VEHICLES, BOATS AND BOAT TRAILERS" TO
PROHIBIT THE PARKING AND STORAGE OF CERTAIN
COMMERCIAL AND RECREATIONAL VEHICLES IN
RESIDENTIAL AREAS EXCEPT AS PROVIDED HEREIN;
PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, City Administration has conducted a review of the regulations
concerning the parking of recreational vehicles, boats, boat trailers, and commercial
vehicles within the City; and
WHEREAS, upon its review, City Administration has recommended that the
parking and storage of commercial vehicles, such as semi -cabs, trailers, tow trucks and
heavy construction equipment, and recreational vehicles, boats, and boat trailers in
residential zoned districts be limited, in order to protect the peace and tranquility
expected by residents in those districts; and
WHEREAS, the City Commission finds that limiting the parking and storage of
boats, boat trailers, commercial and recreational vehicles in residential zoning districts
is in the best interests of the citizens and residents of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AS FOLLOWS:
(00063624.9 2704-0501640)
CODING: Words in StFike thFough type are deletions from existing law; Words in
underlined type are additions.
Temp. Ord. # 2333
May 2, 2016
Page 2
REV 1
SECTION 1. The foregoing recitals 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. Chapter 14, entitled "Motor Vehicles and Traffic," Article II, entitled
"Stopping, Standing and Parking," Section 14-30 entitled "Parking or Storage of
Commercial or Recreational Vehicles, Boats and Boat Trailers" of the City of Tamarac
Code of Ordinances is hereby amended as follows:
14-30 Parking or Storage of Commercial or Recreational Vehicles, Boats
and Boat Trailers.
(a) Definitions. The following words, terms and phrases, when used in this
section, shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning. Other definitions
provided in F.S. section 320.01 are incorporated by reference.
(1) Boat or boat trailer means any maritime vessel boat, yacht or vessel,
regardless of size or motor capacity, and any transportation device which
may be utilized to transport a boat, yacht or vessel along a public right-of-
way.
(2) Commercial vehicle means any vehicle which is not used solely for
personal
nonbusiness �ractivities. Outside—Ietter;Rg ofany UGh „ehinle
desigR tti g a business tat-aRykiRd shall be ^no, but not the GnlYie methed
of establishiRg itS nommerGial status. The following types of vehicles shall
be considered commercial for purposes of this section:
a. Truck cab;
b. Trailer;
c. Semitrailer;
d. Tractor crane;
e. Power shovel;
f. Well driller;
g. Bus;
h. Taxi, limousine and other vehicles for hire;
i. Ambulance;
j. Wrecker (tow truck),
k. Hearse;
I. Vehicles with more than two axels:
{00063624.9 2904-05016401
CODING: Words in stFikethFeuQ# type are deletions from existing law; Words in
underlined type are additions.
Temp. Ord. # 2333
May 2, 2016
Page 3
REV 1
m. Vehicles which exceed 20 feet in length and 8 feet in height;
n.. Vehicles with visible outside lettering licensure information
decals, logos, vehicle wraps or other commercial information.
o. Vehicles with visible ladder, bucket aerial device refrigerated
box, or having any equipment for the purpose of performing any
work of a commercial nature or carrying goods other than for
personal effects of passengers.
(3) Mobile home means a structure which is transportable in one (1) or
more sections, which is eight (8) body feet or more in width and is thirty-
two (32) body feet or more in length, which is built on a permanent
chassis, and which is designed to be used as a dwelling with or without a
permanent foundation when connected to the required utilities. kF S—.
section 513.01)
(4) Recreational vehicle means a vehicular, portable structure which is
built on a chassis; which is designed as a temporary dwelling for travel,
camping, recreation or vacation, and which has a transportable body
which either has its own motive power or is mounted on or drawn by
another vehicle. width net eXGeeding eight (8) body foot and a length net
eXGeeding thirty fide (35) feet.
(b) Restrictions in residentially zoned districts. Except as hereinafter provided, no
owner or person having the use of a commercial vehicle, or recreational
vehicle or a boat or boat trailer shall park such vehicle or boat or boat trailer
for any period of time on either a public right-of-way or privately owned
property in a residentially zoned district as now defined or as may be defined
in the future or in a clubhouse district as now defined or as may be defined in
the future between 9.00 p.m. and 6.00 a.m. This section shall not apply,
however, to the following:
(1) Commercial Vvehicles, parked in a covered
garage or carport or other area which is enclosed on any side of the
Property adiacent to residential property and is concealed or completely
screened from view from any side street abutting the parcel where the
vehicle is located. This section is not a waiver of setback requirements or
any other applicable ordinance, code, or regulation.
eF fenGed area. SUGh fenGed area shall be RGt less than hyeRty five (25) fee
feRGe is to be landSGaped in a FnanRer that will help SGreen the vehide, beat
eF �eat tFaffileF from view fFem the publiG Fight of way. This 6eGtiOR i m0t. -A
of whiGh must be GE)Mplied with by any party seekiRg to be iRGluded undeF this
{00063624.9 2704-0501640)
CODING: Words in strike thpe„gh type are deletions from existing law; Words in
underlined type are additions.
Temp. Ord. # 2333
May 2, 2016
Page 4
REV 1
seetier
(2) A maximum of one Recreational vehicle, one boat and one boat trailer,
under ten (10) feet in height, may be parked or stored as follows:
a. within a covered garage or carport, or other area which is enclosed on any
side of the property adjacent to residential property and is concealed or
completely screened from view from any side street abutting the parcel
where the vehicle is located; or, in a fenced area not less than twenty five
(25) feet from any public right of way provided that the area shall be
concealed or completely screened from view from any street abutting the
parcel where the vehicle is located and from any contiguous residential
property by landscaping and fencing or opaque fencing.
b. This section is not a waiver of setback requirements of any other
ordinances or regulations, each of which must be complied with by any
party seeking to be included under this section.
(2�-3 Motor vehicles made necessary by actual physical impairment.
(3) (4) Motor vehicles, boats or boat trailers parked in districts zoned R 3U
aad—R 4A multifamily for which special areas for these commercial or
recreational vehicles have been designated by the property owner. These
areas must be not less than twenty-five (25) feet from any public right-of-way
and must be separated from the right-of-way buy a fence or vegetation of a
minimum height of four (4) feet and a maximum height of six (6) feet. A
property owner seeking to provide a special parking area for commercial or
recreational vehicles must notify the city's community development
department bwildiRg effiGial and Gh4ef of PGliGe, in writing, of the creation of the
area.
(4)-Any prohibited vehicle may be parked or stored in a prohibited area for
purposes of loading or unloading on a temporary basis; provided, however,
any vehicle remaining on the premises for a continuous twenty -four-hour
period shall be considered as conclusive evidence that the vehicle is not
being loaded or unloaded, and any of the foregoing vehicles parked or stored
in a prohibited area for more than two (2) evenings between the hours of 9:00
p.m. and 6:00 a.m. in any twenty -day period shall be considered as being in
violation of the prohibited parking section of this section.
(5) Recreational vehicles and mobile homes shall be permitted to park or
be stored in a prohibited area for a period of up to forty-eight (48) hours, in
addition to that twenty -four-hour period permitted by paragraph (4)(5),
provided that the owner of the recreational vehicle or mobile home complies
{00063624.9 2704-0501640)
CODING: Words in strike t►,Fou h type are deletions from existing law; Words in
underlined type are additions.
Temp. Ord. # 2333
May 2, 2016
Page 5
REV 1
with the following:
a. The owner of a recreational vehicle or mobile home desiring to park or
store the recreational vehicle or mobile home in a prohibited area for up to
seventy-two (72) hours must contact the city police department and
request permission to park for such additional period.
b. Where required by the police department, it may be necessary for the
owner to submit any or all manner of reasonable proof, including written
documents and an application, in order to show that the additional forty-
eight -hour period being sought will be utilized for the purposes of loading
or unloading a recreational vehicle or mobile home.
(c) Restrictions in commercially zoned districts.
(1) Except as hereinafter provided, no owner or person having the use of a
commercial vehicle, recreational vehicle, boat or boat trailer shall park, store
or keep the vehicle, boat or boat trailer for any period of time within the
property lines of any commercially zoned district.
(2) This section shall not apply to the following:
a. Vehicles parked in city storage facilities;
b. Vehicles parked in duly authorized and properly licensed commercial
establishments that engage in the sale or lease of motor vehicles;
c. Vehicles which have an active commercial or business purpose for
which the owner or person having the use of said vehicle(s) holds a
current and valid local business license for a business location within the
commercially zoned district; provided, however, that such vehicle shall be
parked, stored or kept within ten (10) feet of the business location or at the
rear of the commercial facility or structure. If parked at the rear of the
structure in cases where the structure abuts a public street, or any
residential or recreation/open space zoning district, the vehicle shall be
provided with an opaque screen, which screen when seen from the
abutting residential property, recreation property, public street or from the
second floor or higher of a residential structure, totally obstructs the view
of the vehicle.
(d) Parking on or adjacent to vacant land.
(1) Parking on or adjacent to vacant land or on City owned property is prohibited,
other than for disabled vehicles, which are required to be removed within six
(6) hours of such disability. No commercial or recreational vehicle, trailer,
semitrailer, semi -truck, cart, buggy, truck, bus or tractor shall be permitted to
{00063624.9 2704-05016401
CODING: Words in strike thmug# type are deletions from existing law; Words in
underlined type are additions.
Temp. Ord. # 2333
May 2, 2016
Page 6
REV 1
park on vacant properties or on roadways adjacent to vacant property.
(2) For the purposes of this section, "vacant property" shall be defined as any
property within city limits which is unimproved, not occupied and/or not used.
"Vacant property" includes lands platted and not platted.
(3) Violations: Any vehicle found to be in violation of this section shall be
impounded at the direction of the City of Tamarac. Said vehicle shall remain
impounded until any and all towing and/or storage fees are paid directly to the
towing company together with a two hundred dollar ($200.00) City
Administrative Fee, which fee shall be paid directly to the City of Tamarac to
reimburse the city for the administrative expenses incurred in the impounding
process.
(e) Living or residing in a recreational vehicle: No recreational vehicle shall be
occupied or used for human habitation, including, but not limited to sleeping,
eating, or entertaining_
(f) Obstruction of Sidewalks: No Commercial or Recreational vehicle boat or
boat trailer shall obstruct a sidewalk.
(g) Covering of Commercial Lettering: Visible outside lettering licensure
information, decals, logos, vehicle wraps, or other commercial information may
be concealed by an aesthetically appropriate and secured weatherproof cover.
Examples of aesthetically appropriate and secured weatherproof covers are but
are not limited to, a plain magnetic cover similar to the color of the vehicle or a
Properly secured vehicle cover. The City's Community Development Director's
determination as to the appropriateness of a particular cover shall be final.
(eh) Citation. The Broward Sheriffs Office District Commander or his designate is
directed to review and recommend to the city the disposition of a citation
issued for improper parking of a commercial or recreational vehicle upon the
showing of registration or other proof for the vehicle that was issued the
citation that demonstrates that the cited vehicle is not within any category set
forth in subsections (a)(2), or (a)(4), or falls within the exceptions set forth in
subsection (c)(2) above.
SECTION 3. Codification. It is the intention of the City Commission of the City of
Tamarac 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, re lettered and the word "Ordinance" may be changed to
(00063624.9 2704-0501640)
CODING: Words in type are deletions from existing law-, Words in
underlined type are additions.
;1
Temp. Ord. # 2333
May 2, 2016
Page 7
REV 1
"Section", "Article" or such other word or phrase in order to accomplish such intention
SECTION 4. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or
parts thereof in conflict herewith, be and the same are hereby repealed to the extent of
such conflict.
SECTION 5. Severability. Should any section, provision, paragraph, sentence,
clause of word of this Ordinance or portion hereof be held or declared by any court of
competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be
considered as eliminated and shall not affect the validity of the remaining portions or
applications of this Ordinance.
SECTION 6. Effective Date. This Ordinance shall become effective upon
adoption.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
{00063624.9 2704-0501640)
CODING: Words in strike thmuo type are deletions from existing law; Words in
underlined type are additions.
Temp. Ord. # 2333
May 2, 2016
Page 8
REV 1
PASSED, FIRST READING this day of 0'2016.
PASSED, SECOND READING this day of 2N , 2016.
has-
EWA
�l!l. L�F' 4 l l
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form:
�. HARRY DRESSLER
RECORD OF COMMISSION VOTE: 1ST Reading
MAYOR DRESSLER 641(4
DIST 1: COMM BUSHNELL
DIST 2: COMM GOMEZ
DIST 3: V/M GLASSER
DIST 4: COMM PLACKO
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR DRESSLER �esa-1
DIST 1: COMM BUSHNELL ,..-
DIST 2: COMM GOMEZ
DIST 3- V/M GLASSER
SAM6rffLt_�G_OREW
CITY ATTORNEY
CODING: Words in stFi through type are deletions from existing law; Words in
underlined type are additions.
{00063624.9 2704-0501640}
DIST 4: COMM PLACKO
J