HomeMy WebLinkAboutCity of Tamarac Ordinance O-2008-005Temp. Ordinance # 2159
March 6, 2008
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2008-Q�
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AMENDING CHAPTER 14 ENTITLED,
"MOTOR VEHICLE AND TRAFFIC", BY SPECIFICALLY
AMENDING SECTION 14-84 ENTITLED, 'MAXIMUM WEIGHTS";
PROVIDING FOR WIDTH, LENGTH AND HEIGHT
REGULATIONS IN ACCORDANCE WITH CHAPTER 316,
FLORIDA STATUTES, FOR COMMERCIAL MOTOR VEHICLES;
PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on August 25, 2004 the City Commission of the City of
Tamarac (hereinafter referred to as the "City") adopted Ordinance No. 2004-20,
thereby establishing certain weight restrictions for commercial vehicles within the
City; and
WHEREAS, though there are certain regulations provided for in the State
Statutes, the City's Code of Ordinances currently does not provide any
regulations regarding commercial vehicles' height, width or length; and
WHEREAS, penalties assessed for violations of State Statutes for
oversize commercial vehicles results in funds for the state, while an amendment
to the City Code may result in added revenue for the City; and
WHEREAS, the City Commission desires to incorporate certain provisions
of Chapter 316, Florida Statutes, to provide for height, width and length
restrictions for commercial vehicles in the City; and
WHEREAS, the City Commission deems it to be in the best interests of
the citizens and residents of the City for the City to impose penalties for certain
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Temp. Ordinance # 2159
March 6, 2008
Page 2 of 7
oversize commercial vehicles and for the fines assessed pursuant to these
restrictions to be payable to the City.
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: Chapter 14 entitled, "Motor Vehicle and Traffic", is hereby
amended by specifically amending Section 14-84, entitled "Maximum Weights" to
read as follows:
Sec. 14-84. Maximum weights and size restrictions.
(a) Weight Limitation - The gross weight imposed on the street,
roadway or highway by the wheels of any one (1) axle of a vehicle
shall not exceed twenty thousand (20,000) pounds.
(b) Subject to the limit upon the weight 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 longitudinally to the nearest foot as set forth in
the following table:
TABLE INSET:
Distance in Feet Between First
and Last Axles of Vehicles or
Combination of Vehicles
Maximum Load in
Pounds on all
Axles
4
40,000
5
40,000
6
40,000
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Temp. Ordinance # 2159
March 6, 2008
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7
40,000
8
40,000
9
44,140
10
44,980
11
45,810
12
46,640.
13
47,480
14
48,310
15
49,150
16
49,980
17
50,810
18
51,640
19
52,480
20
53,310
21
54,140
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
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March 6, 2008
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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:
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 eighty thousand (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
twenty thousand (20,000) pounds per axle plus scale tolerances
and shall not exceed five hundred fifty (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 seventy thousand (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 subsections 14-
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March 6, 2008
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84(b), (c) and (d) shall be permitted to travel on the public streets,
roadways or highways within the city.
(g) Width Limitation - The total outside width of any vehicle or the
load thereon may not exceed 102 inches, exclusive of safety
devices determined by the department to be necessary for the safe
and efficient operation of motor vehicles. [The use of public roads
that do not have at least one through lane of 12 feet or more in
width in each direction, and the use of public roads deemed unsafe
for wider vehicles on the basis of safety and engineering analyses,
by vehicles exceeding 96 inches in width may be restricted by the
Department of Transportation or by local officials for streets and
roads under their respective jurisdictions.]
(h) Height Limitation - No vehicle may exceed a height of 13 feet 6
inches, inclusive of load carried thereon. However, an automobile
transporter may measure a height not to exceed 14 feet, inclusive
of the load carried thereon.
(i) Length Limitation - No combination of commercial motor
vehicles coupled together and operating on the public roads may
consist of more than one truck tractor and two trailing units. Unless
otherwise specifically provided for in this section, a combination of
vehicles not qualifying as commercial motor vehicles may consist of
no more than two units coupled together; such nonqualifying
combination of vehicles may not exceed a total length of 65 feet,
inclusive of the load carried thereon, but exclusive of safety and
energy conservation devices approved by the department for use
on vehicles using public roads. Notwithstanding any other provision
of this section, a truck tractor -semitrailer combination engaged in
the transportation of automobiles or boats may transport motor
vehicles or boats on part of the power unit; and, except as may
otherwise be mandated under federal law, an automobile or boat
transporter semitrailer may not exceed 50 feet in length, exclusive
of the load; however, the load may extend up to an additional 6 feet
beyond the rear of the trailer. The 50-feet length limitation does not
apply to non -stinger -steered automobile or boat transporters that
are 65 feet or less in overall length, exclusive of the load carried
thereon, or to stinger -steered automobile or boat transporters that
are 75 feet or less in overall length, exclusive of the load carried
thereon. For purposes of this subsection, a "stinger -steered
automobile or boat transporter" is an automobile or boat transporter
configured as a semitrailer combination wherein the fifth wheel is
located on a drop frame located behind and below the rearmost
axle of the power unit. Notwithstanding Section (c), any straight
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March 6, 2008
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truck or truck tractor -semitrailer combination engaged in the
transportation of horticultural trees may allow the load to extend up
to an additional 10 feet beyond the rear of the vehicle, provided
said trees are resting against a retaining bar mounted above the
truck bed so that the root balls of the trees rest on the floor and to
the front of the truck bed and the tops of the trees extend up over
and to the rear of the truck bed, and provided the overhanging
portion of the load is covered with protective fabric.
0) Penalties — Enforcement of the commercial vehicle width, height
and length restrictions as provided herein shall be accomplished in
accordance with Section 316.516, Florida Statutes, as amended
from time to time. Notwithstanding Section 316.516(5) and Section
316.545, Florida Statutes, any fines assessed pursuant to this
section shall be made payable to the City of Tamarac.
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: In accordance with the requirements of this Act, this
Ordinance shall become effective thirty (30) days following its adoption.
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Temp. Ordinance # 2159
March 6, 2008
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PASSED, FIRST READING this day of 4ml 2008.
PASSED, SECOND READING this 4ay of —12008.
BY
ATTEST: MAYOR BETH FLANSBAUM TALABISCO
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form: RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM PORTNER
0.
E S. REN
ATTO EY
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RECORD OF COMMISSION VOTE: 1ST Reading
MAYOR FLANSBAUM-TALABISCO�
DIST 1: COMM PORTNER
DIST 2: COMM. ATKINS-GRAD
DIST 3: V/M SULTANOF
DIST 4: COMM. DRESSLER
MU
CITY
DIST 2: COMM. ATKINS-GRAD
DIST 3: V/M SULTANOF
DIST 4: COMM. DRESSLER