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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1988-011Temp. Ord. #1383 CITY OF TAMARAC, FLORIDA ORDINANCE No. 0-88--14 AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA RELATING TO THE OPERATION OF ALL TERRAIN VEHICLES, AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF TAMARAC BY CREATING SECTION 16-9 TO BE ENTITLED "OPERATION OF OFF ROAD MOTOR VEHICLES"; PROVIDING FOR CON- DITIONS ON THE OPERATION OF OFF ROAD MOTOR VEHICLES; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVID- ING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is now largely developed throughout all of its boundaries; and WHEREAS, most undeveloped land within the City of Tamarac is residentially zoned or in close proximity to developed family residences; and WHEREAS, the City of Tamarac has received an increasing number of complaints involving the operation of off -road motor vehicles within the City; and WHEREAS, it is the opinion of the City Council of the City of Tamarac that the operation of off -road motor vehicles in certain manners can create a public nuisance due to the noise, dust, fumes or other conditions caused by the opera- tion of off road motor vehicles; and WHEREAS, the City Council of the City of Tamarac wishes to place reasonable restrictions on the operation of off road motor vehicles so as to eliminate the offensive conditions caused by the improper operation of off road motor vehicles; and WHEREAS, a public hearing has been held pursuant to Chapter 166, Florida Statutes; and WHEREAS, the City Council of the City of Tamarac deter- mines that it is in the public interest to adopt the follow- ing Ordinance. CDC Temp. Ord. #1383 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31i 32 33 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1 : That Chapter 16 of the City of Tamarac Code of Ordinances is hereby amended by creating Section 16-9 to be entitled "Operation of off road motor vehicles" which shall read as follows: "Sec. 16-9. Operation of off road motor vehicles. 1., For Purpose of this Section off road motor vehicles shall be defined as any motor vehicle driven device capable of carLying one or more persons that is designed for operation, modified for operation, or is operated on land or ProRerty not improved for roadway purposes, including,.but not limited to mini -bikes, -go-carts, motorcycles commonly called "dirt bikes", dune -buggies and all terrain vehicles. 2. The operation of off road motor vehicles shall be rohibited within the City of Tamarac, unless: (a) Such off road motor vehicle is equipped with an exhaust system, where applicable, incorpor- atingincoK2or- ating a muffler or other mechanical device for the Purpose of reducing engine noise cutouts or by-passes in the exhaust are__prohibited. The system shall be securely attached and located so as not to interfere with the operation of the motorized vehicles. Shieldin shall be vrovided to 12revent inadvertent bodjjX contact with the exhaust system during normal operation; and b The property owner where such operation is being conducted has agreed in writing to such operation and the operator in question has such written Permission in his Rossession during such operation. -2- Temp. Ord. #1383 (c) Exce t when traveling on a Public road off -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 =� 0 '31 32 33 34 35 road motor vehicles shall not be o erated within seven hundred and fifty 750) feet of a residential dwelling, apartment or hotel. d) The operation of off --road motor vehicles is to be limited to those hours of o eration set forth for noisy business in Section 16-6 above. 3. The Provisions of this section are intended to supplement and be in addition to Section 16-2, set out above. " SECTION 2 : Specific authority is hereby granted to codify this Ordinance. SECTION 3 : Should this ordinance be ruled invalid by a Court of competent jurisdiction said ruling shall not affect the remaining clauses, phrases, sentences or portions thereof. SECTION 4 : This ordinance shall take effect immediately upon passage on second reading and signature by the Mayor. PASSED FIRST READING this � 7 day of 1988. PASSED SECOND READING this // day of 1988. ATTEST: CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. RICHARD DOODY CITY ATTORNE ALL -TERRAIN" 2143030488/t NORMAN ABRAMOWITZ MAYOR RECORD OF COUNCIL VOTE MAYOR ABRAMOWITZ 4"__ DISTRICT 1: C/M ROHR 4 DISTRICT 2: V/M STELZER DISTRICT 3: C/M HOFFMAN DISTRICT4- C/M BENDER y�a7/8t 01cc 5811 NORTHWEST 88TH AVENUE TAMARAC TELEPHONE (305) 722-5900 MAIL REPLY TO: P.O. BOX 25010 TAMARAC, FLORIDA 33320 May 18, 1988 Robert Laslie, Supplements MUNICIPAL CODE CORPORATION P.O. Box 2235 Tallahassee, Florida 32304 Attention: Enclosed please find your copy from the CITY OF TAMARAC, the following: ORDINANCE NO'S: 0-88-11, 0-88-12. Very truly yours, CITY OF TAMARAC Pat LaBello City Clerk's Office Enc. (ram_ FLORIDA 33321 AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (305) 722.5900 MAIL REPLY TO; P,O. BOX 25010 TAMARAC, FLORIDA 33320 May 18, 1988 CHAMBER OF COMMERCE 8519 W. McNAB Road Tamarac, Florida 33321 Enclosed please find your copy from the CITY OF TAMARAC, the following; ORDINANCE NO'S: 0-88-11, 0-88-12. Very truly yours, CITY OF TAMARAC CITY CLERK'S OFFICE ENC. r AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS r 5811 NORTHhES1 88TH AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 MAIL REPLY TO: P.O. BOX 25010 TAMARAC, FLORIDA 33320 May 18, 1988 BROWARD COUNTY LIBRARY 100 South Andrews Avenue Fort Lauderdale, Florida 33301 Enclosed please find your copy from the CITY OF TAMARAC, the following; ORDINANCE NO'S: 0-88-11, 0-88-12 . Very truly yours, CITY OF TAMARAC CITY CLERK'S OFFICE ENC. AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS I OF T,q 4' U � �4 O R P MAIL REPLY TO P.O. BOX 25010 TAMARAC, FLORIDA 33320 May 18, 1988 'I 5811 NO 'THWEST Robert Ussery, Codification MUNICIPAL CODE CORPORATION P.O. Box 2235 Tallahassee, Florida 32304 Attention: 88TH AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 Enclosed please find your copy from the CITY OF TAMARAC, the following: ORDINANCE NO'S: 0-88-11, 0-88-12. Very truly yours, CITY OF TAMARAC Pat LaBello City Clerk's Office Enc. (o4 AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS uttg ob �v atlimc qk-° INTER -OFFICE MEMORANDUM - P.D. #88-3-18 THRU: John Kelly, City Manage MEMO TO: Richard Doody, City Atto ney;? FROM: Joseph McIntosh, Chief of Police DATE: March 29, 1988 SUBJECT: PROPOSED ORDINANCE kkPEkENCE: All Terrain Vehicles We have reviewed the proposed ordina&& f or All Terrain Vehicles. It is our opinion that suo;-aFh or44nancy could not be enforced as written and a number of changes"eed to be made. First of all, in Section 1 off -road motor vehicles are defined as "motor vehicle driven devices". There is actually no such thing. The State law defines motor vehicles, motorcycles, mopeds and in some statutes refer to motor -driven cycles. In Section 2 of the proposed ordinance, reference is made to a motorized bicycle. Once again, a motorized bicycle would be a motorcycle or a moped depending on the horsepower. Section 2 also refers to the exhaust system, but it is our opinion that Florida Statute 316.272 clearly covers exhaust systems and prevention of noise. Section 2 (c) addresses noise levels and this is where we really get into a big mess. I have been through this problem many times before,both in Ft. Lauderdale and here in Tamarac,and it is virtually impossible to enforce the law on permissible sound levels because police officers do not carry decibel meters and even if they did, they are not certified to determine the readings on such equipment. The State law says "The measurement procedures for determining compliance shall be established by the Department of Environmental Regu- lation. Such regulations shall include the selection of measurement sites and measurement procedures and shall take into consideration accepted scientific and professional methods f-or the measurement of vehicular sound levels". To include sound levels in this ordinance would be a mistake as is any ordinance which cannot be enforced. We also suggest that the POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS AN EQUAL OPPORTUNITY EMPLOYER Richard Doody Proposed Ordinance/All Terrain Vehicles page two operation of all terrain vehicles be separate and apart from the noise ordinance, which by the way, is only in effect from 8:00 A.M. until 6 P.M. Seciton 3 of the proposed ordinance states that should the ordinance be ruled invalid, the ruling shall not effect the remaining clauses, phrases, etc. In our opinion, if the ordinance is invalid, than all of it is invalid. I am sure you will want to discuss this proposed ordinance before proceeding. Please advise when such a meeting would be convenient. SEP cINTOSH Chief of Police JM/cb cc: Bob Jahn AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS DRAF Temp. Ord. #1383 CITY OF TAMARAC, FLORIDA ORDINANCE No. 0-88-' AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA RELATING TO THE OPERATION OF ALL TERRAIN VEHICLES, AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF TAMARAC BY CREATING SECTION 16-9 TO BE ENTITLED "OPERATION OF OFF ROAD MOTOR VEHICLES"; PROVIDING FOR CON- DITIONS ON THE OPERATION OF OFF ROAD MOTOR VEHICLES; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVID- ING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is now largely developed throughout all of its boundaries; and WHEREAS, most undeveloped land within the Cir_v of Tamarac is residentially zoned or in close proximity to developed family residences; and WHEREAS, the City of Tamarac has received an increasing number of Complaints involving the operation of off -road motor vehicles within the City; and WHEREAS, it is the opinion of the City Council of the City of Tamarac that the operation of off -road motor vehicles in certain manners can create a public nuisance due to the noise, dust, fumes or other conditions caused by the opera- tion of off --road motor vehicles; and WHEREAS, the City Council of the City of Tamarac wishes to place reasonable restrictions on the operation of off -road motor vehicles so as to eliminate the offensive conditions caused by the improper operation of off -road motor vehicles; and WHEREAS, a public hearing has been held pursuant to Chapter 166, Florida Statutes; and -1- WHEREAS, the City Council of the City of Tamarac deter- mines that it is in the public interest to adopt the follow- ing Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1 : That Chapter 16 of the City of Tamarac Code of Ordinances is hereby. amended by creating Section 16--9 to be entitled "Operation of off --road motor vehicles" which shall read as follows: shall "Sec. 16-9. Operation of off --road motor vehicles. 1. For purpose of this Section off road motor vehicles be defined as an motor vehicle��driven device aoable of carrying one or more ersons that is designed for o eration modified for operation, or is o erated on, land or property not im roved for roadway purposes, includinq,_ but not limited to, mini-bikes,go-carts, motorcycles commonly called "dirt bikes", dune-bug2ies and all terrain vehicles. 2. The o eration of off -road motor vehicles shall be rohibited within the City of Tamarac, unless: (a) Such off— road motor vehicle is equipped with an exhaust systemsysterno, where applicable, incor or ating a muffler or other mechanical device for the purpose of reducin en ine noise cutouts or b - asses in the exhaust are 2rohibited. The system shall be securely attached and located so as not to interfere with the )eration of th motorized bicycled Shieldin shall be Provided to 2revent inadvertent bodily contact with the exhaust s stem during normal_ operation; and -2- 60 P _P , G 3. b) The Propertr owner where such o eration is being conducted has a reed in writ -in to such operation and the .,.operator in question has such written permission in his possession durin such operation; and (c) The operation of the off --road motor vehicle is not a nuisance to adjacent pr2pert owners. For purposes of section, the operation of an off -road motor vehicle shall be considered a nuisance if an portion of the ro er�on which the vehicle is operated is located within five hundred (500) feet of an inhabited dwellin rtment or hotel and the sound level emitted from the o eration of the off - road motor vehicle, as measured at the property line of the pro2erty on which the vehicle is operated, exceeds the permissible dBA sound level for residential uses as set out in Chapter 27, Sections 7.041 and 7.042 of the Code of Regulations of the Broward Count Environmental Quality Control Boars as amended, the Provisions of which are rincor- orated herein by referenced r, (d) The operation of off -road motor vehicles is to be limited to those hours of o eration set forth for noisy_ business in Section 16-6 above. The provisions of --.this section are intended tb supplement and be in addition to Section 16-2 set out above. " -3- SECTION 2 : Specific authority is hereby granted to codify this Ordinance. SECTION 3 : Should this -ordinance be ruled invalid by a Court of competent jurisdiction said ruling shall not affect the remaining clauses, phrases, sentences or+ portions thereof. SECTION 4 This.ordinance shall take effect immediately upon passage on second reading and signature by the Mayor. PASSED FIRST READING this day of PASSED SECOND READING this day Of ATTEST: CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. RICHARD DOODY CITY ATTORNEY ALL -TERRAIN" 1143030488/t 1988. 1988. NORMAN ABRAMOWITZ MAYOR -4- CITY OF T AMA R A INTEROFFICE MEMORANDUM C/A NO. 8803-8424 T0: JYaS)h Kelly, City Manager a, FROM: Rich d L. ody, City Attorney SUBJECT: PROPOSED AL TERRAIN,VEHICLE ORDINANCE DATE: March 17, 1988 ------------------------------------------------------------ Enclosed, please find a revised version of a proposed ordinance which will regulate the use of off road all terrain vehicles in the City of Tamarac. The initial proposed ordinance drafted by Community Development and distributed by this office last month was based upon an ordinance adopted by the City of Plantation. The new ordinance is based upon my research of legislation adopted in other jurisdictions including the States of Missouri and Ohio. Please note that the ordinance incorporates by reference a Portion of the rules and regulations of the Broward County Environmental Quality Control Board (EQCB). More partic- ularly, the ordinance prohibits the use of off road all terrain vehicles in instances where the noise they make is in excess of the permissible dBA sound level for residential uses as established by the EQCB. (The permissible levels are 65 dBA for a short one time sound; 55 dBA for an extended sound). You might want to have the Engineering and Police Departments provide suggestions as to enforcement of this ordinance. In my conversations with EQCB officials they have made clear that they can provide the staff and equipment to measure dBA sound levels, however they may not be available ,on weekends or after hours. At your convenience, I would appreciate if you and your staff would review the enclosed ordinance and submit any written comments you might have. By copy of this memorandum I am also sending this proposed ordinance to the Mayor and Council for their review. RLD/tm Enclosure�r CC; Mayor Abramowitz and Members of Council DRAFT Temp. Ord. #1383 CITY OF TAMARAC, FLORIDA ORDINANCE No. 0-88 AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA RELATING TO THE OPERATION OF ALL TERRAIN VEHICLES, AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF TAMARAC BY CREATING SECTION 16-9 TO BE ENTITLED "OPERATION OF OFF ROAD MOTOR VEHICLES"; PROVIDING FOR CON- DITIONS ON THE OPERATION OF OFF ROAD MOTOR VEHICLES; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVID- ING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is now largely developed throughout all of its boundaries; and WHEREAS, most undeveloped land within the City of Tamarac is residentially zoned or in close proximity to developed family residences; and WHEREAS, the City of Tamarac has received an increasing number of complaints involving the operation of off -road „motor vehicles within the City; and WHEREAS, it is the opinion of the City Council of the City of Tamarac that the operation of off -road motor vehicles in certain manners can create a public nuisance due to the noise, dust, fumes or other conditions caused by the opera- tion of off road motor vehicles; and WHEREAS, the City Council of the City of Tamarac wishes to place reasonable restrictions on the operation of off road motor vehicles so as to eliminate the offensive conditions caused by the improper operation of off road motor vehicles; and WHEREAS, a public hearing has been held pursuant to Chapter 166, Florida Statutes; and Cite N I WHEREAS, the City Council of the City of Tamarac deter-- mines that it is in the public interest to adopt the follow- ing Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1 : That Chapter 16 of the City of Tamarac Code of Ordinances is hereby -'amended by creating Section 16-9 to be entitled "Operation of off road motor vehicles" which shall read as follows: "Sec. 16-9. Operation of off road motor vehicles. 1. For —Purpose of this Section off road motor vehicles shall be defined as any motor vehicle driven device capable of carrying one or more persons that is designed for o eration, modified for operation, or is o erated on, land or property not im roved for roadway ur oses, including, but not limited to, mini -bikes, o-carts, motorcycles commonly called "dirt bikes", dune-bu ies and all terrain veh40 icles. 2. The operation of off road motor vehicles shall be prohibited within the City of Tamarac unless: (a) Such off road motor vehicle is eguip2ed with an exhausts stem, where applicable, incor or ating a muffler or other mechanical device for the 2urvose of reducing en ine noise cutouts or b - asses in the exhaust are Prohibited. The system shall be securely attached and located so as not to interfere with the V�cc..RA o eration of the motorized A le. Shielding shall be rovided to Prevent inadvertent bodily contact with the exhaust s stem during normal o eration; and CWz 4n , (b) The property owner where such operation is being conducted has agreed in writingto such operation and the o erator in Sjuestion has such written permission in his _possession during such o ration; and c) The o eration of the off -road motor vehicle is not a nuisance to adjacent 2ro2erty owners. For pur20ses of section, the operation of an off road. motor vehicle shall be considered a nuisance if any portion of the proptEtX on which the vehicle is o erated is located within five hundred (500) feet of an inhabited dwelling, apartment or hotel and the sound level emitted from the operation of the off road motor vehicle, as measured at the property line of the pr22erty on which the vehicle is operated, exceeds the permissible dBA sound level for residential uses as set out in Chapter 27 Sections 7.041 and 7.042 of the Code of Regulations of the Broward Count Environmental Quality Control Board, as amended the grpyisions of _ which are incor- porated herein by reference. d) The o eration of off -road motor vehicles is to be limited to those hours of operation set forth for noisy business in Section 16-6 above.. 3. The provisions of this section are intended to supplement and be in addition to Section 16-2 set out above. " -3- SECTION 2 : Specific authority is hereby granted to codify this Ordinance. SECTION 3 : Should this ordinance be ruled invalid by a Court of competent jurisdiction said ruling shall not affect the remaining clauses, phrases, sentences or portions thereof. SECTION 4 This .ordinance shall take effect immediately upon passage on second reading and signature by the Mayor. PASSED FIRST READING this day of PASSED SECOND READING this day of ATTEST: CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. RICHARD DOODY CITY ATTORNEY ALL -TERRAIN" 2143030488/t 1988. 1988. NORMAN ABRAMOWITZ MAYOR - 4 -- 1 � F, DISTRIBUTION LIST r - 97-1/ 10.0f Co ie DEPARTMENT OR PERSON COUNCIL RECEIVED BY DATE CITY PLANNER CHIEF BUILDING OFFICIAL BUILDING DEPARTMENT - TRAILER conF ENFORCEMENT IRENE MASTER FILE - CITY MANAGER FINANCE DIRECTOR FINANCE- SUPV. ACCOUNTANT PURCHASING POLICE DEPARTMENT- CHIEF POLICE DEPARTMENT - JIM RECREATION DEPARTMENT PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT TUW - ADMINISTRATION CODIFIER (MAIL IMMEDIATELY) Municipal Code Corp.,PO 2235, Tallahassee 32304 Robert Laslie n charge of suPP1 ts) Robert Ussery (in charge of Codification) PERSONNEL AUDITOR FILE ORDINANCE FILE BOARD OF ADJUSTMENT CHARTER BOARD PUBLIC INFORMATION COMM' COUNTY LIBRARIAN COUNTY TAX APPRAISER W.W. WILSON $ROWARD CTY.PLANNING COUNCIL CHAMBER OF COMMERCE SECRETARY OF STATE PETITIONER OR APPLICANT CLERK'S PROJECT FILE William Markham 115 S . Andrews me. Ft. T 115 S. Andm-z Ave., Rm. 307 Ft. Lauderdale, Fla._ 33301 8519 W. MMab Rd. Tamarac 33 COPIED . DISTRIBUTED