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
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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 --
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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
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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
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