HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-198Temp. Reso. #10527-August 18, 2004
Page 1
Revision #1: 8/26/04
Revision #2: 8/27/04
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004 - / 7 0
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
BROWARD COUNTY SHERIFF'S OFFICE DISTRICT
VII (BSO) TO USE LAW ENFORCEMENT TRUST FUND
(LETF) MONIES TO PURCHASE THROUGH ITS
PURCHASING DIVISION, A SPECIALIZED
COMMERCIAL VEHICLE ENFORCEMENT UNIT AND
REQUIRED ACCESSORIES, AT A TOTAL COST OF
$67,080, FOR ASSIGNMENT TO BSO DISTRICT VII;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Tamarac and Broward Sheriff's Office District VII
(BSO) desires to maintain the high level of safety within the community; and
WHEREAS, the City adopted Ordinance 2004-20 on August 25, 2004, to
amend its Code of Ordinances to provide for commercial vehicle enforcement
activities (hereto attached as Exhibit A); and
WHEREAS, it is necessary to purchase a specialized commercial vehicle
enforcement unit and required accessories for the vehicle in order to properly
conduct inspections and insure that the commercial vehicle can be safely
operated on the public streets; and
WHEREAS, the BSO Chief has requested the use of Law Enforcement
Trust Fund (LETF) monies to purchase a specialized commercial vehicle
enforcement unit and required accessories for the vehicle; and
Temp. Reso. #10527-August 18, 2004
Page 2
Revision #1: 8/26/04
Revision #2: 8/27/04
WHEREAS, LETF funds are available for the purchase of the specialized
commercial vehicle enforcement unit and required accessories for the vehicle;
FTiT
WHEREAS, the purchase of this equipment is an appropriate use of LETF
monies as outlined in Florida Statute 932.7055 (Disposition and Liens of
Forfeited Property) and Article 13 of the contract for law enforcement services
between BSO and the City of Tamarac; and
WHEREAS, approval of this Resolution will grant BSO the authority to
utilize said LETF funds to purchase the specialized commercial vehicle
enforcement unit and required accessories for the vehicle through its Purchasing
Division; and
WHEREAS, any and all assets purchased through the LETF will remain
the property of the City of Tamarac used by BSO District VI and maintained by
BSO District VII; and
WHEREAS, it is the recommendation of the Tamarac District VII Chief and
the Interim Director of Finance that this specific use of LETF monies be allowed
in order to purchase the initial equipment and required accessories at a cost of
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it
to be in the best interest of the citizens and residents of the City of Tamarac for
BSO to purchase a specialized commercial vehicle enforcement unit and
1
1
1
1
Temp. Reso. #10527-August 18, 2004
Page 3
Revision #1: 8/26/04
Revision #2: 8/27/04
required accessories through its Purchasing Division utilizing LETF monies at a
total cost of $67,080.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS' clauses are hereby
ratified and confirmed as being true and correct and are hereby made a specific
part of this Resolution.
SECTION 2: BSO is hereby authorized to purchase through its
Purchasing Division, a specialized commercial vehicle enforcement unit and
required accessories for the vehicle, utilizing LETF monies at a cost of $67,080
for assignment to BSO District VII (attached hereto as Exhibit B).
SECTION 3: All resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
Temp. Reso. #10527-August 18, 2004
Page 4
Revision #1: 8/26/04
Revision #2: 8/27/04
SECTION 5: This Resolution shall become effective immediately
upon its passage and adoption.
PASSED, ADOPTED AND APPROVED this 8th day of September, 2004.
ATTEST:
MARION SWENSON CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHELL S. KRAFT
CITY ATTORNEY
t, JOE SCHREIBER, MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISCO
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS
i _]
1
L I
TR # 10527
Exhibit A
E
1
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
FOR SEVERABILITY; AND PROVIDING FOR AN 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 stfuek+hfgq type are deletions from existing law;
Words in u-nderscored 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 ouroose of this Article is to promote the public health. safetv and aeneral 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 ztfuck-thFeug i 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.
Excel2t as otherwise provided in this Article the city expressly ado is 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 b the state through the provisions of Florida Statutes Cha ter 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 pounds.
b Subject to the limit upon the weight im osed upon the streets roadways and
highways through any one axle as set forth herein, the total wei�c ht 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 Ion itudinall to the nearest foot asset
forth in the following 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 StFUck threugh 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..........
40,000
6..........
40 000
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..........
49 180
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
zu.......... 59 970
29.......... m R1n
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 Hig hwa 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 thfough type are deletions from existing law;
Words in underscored type are additions.
1
-1
1
Ll
E
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 Dumg trucks concrete mixing trucks fire trucks and other emergencyeme[gency vehicles
trucks engaged in waste collection and disposal, and fuel oil and gasoline trucks desi ned
and constructed for special type work or use, when, operated as a single unit, shall be
subject to all safety and operational re uirements of law, except that any such vehicle need
not conform to the axle spacing re uirements 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 pgunds per inch width tire surface
plus scale tolerances. No vehicle operating ursuant to this section shall exceed a gross
weight, includin the weight of the vehicle and scale tolerances of 70,000 pounds. Any
vehicle violating the weight provisions of this section shall be enalized as provided
in Section 14-85.
(el —The city shall adopt rules consistent with the Department of Transportation to
iml2lement 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 pro vided no vehicle or combination of vehicles excQgdin_q the
gross weights specified in Section 14-84 b c 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; Penally,• Review,
a Any designated officer of the city or of theDepartmentof 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 or fixed
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 weigh the vehicle at fixed scales rather than by 12ortable scales if such a
CODING: Words in ugh type are deletions from existing law;
Words in u—ndg-rKo-r-gd type are additions.
Temp. Ord. #T02053
6
05/17/2004
revision 1 6130/04
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 degreypunishab1e. as provided in Florida Statute ss. 775.082 or 775.083.
Anyone who knowingly and willfully resists obstructs or OpDoses an officer while refusing
to submit to such weighing by resisting the officer with violence to the officer's person
g.qrsuant 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 776,084.
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 re uire
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 penalt
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. Exce t 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 Statute s. 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 ross external brid a or internal brid e
weight limits imposed in„Section 14-84 and the driver of such vehicle or combination of
vehicles can COMDIY with the re uirements of Florida Statutes Chapter 316 by shifting or
equalizing the load on all wheels or axles —and -does so when requested by the ro er
authority, the driver shall not be held to be operating in violation of the weight limits.
2 The officer shall ins ect the license plate or -registration certificate of the
commercial vehicle as defined in Florida Statute s. 316.003 66 to determine if its ross
weight is in compliance with the declared anoss vehicle weight. If its gross wei ht 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 trough 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 7l6/04
revision 3 7/7/04
or straight truck -trailer combinations, or 1 0,000pounds on any unladen commercial motor
vehicle. If the license plate or registration has not been exi2ired 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 Statute s_31-6.003(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 properiv_
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 properrl
registered. Any costs incurred by the retention of the vehicle shall be the sole responsibility
of the owner. A Aersonwho has been assessed a penalty „pursuant to this division for
g' p e provisions of Florida
failure to have a valid vehicle registration certificate pursuant to th
Statutes Chapter 320 is not subject to the delinquent fee authorized in Florida Statute s.
320.07, if such person obtains a valid registration certificatewithin10 working days after
such penalty was assessed.
(3) Weight limits established_ and posted for a road or bridge pursuant to Florida
Statute s. 316.555 and weight limits sl2ecified 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 bride 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 rovided for in Florida Statute s. 316.545 as
amended an 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 apoly 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 hi hwa s of this cityb
reason of such overloading, which damage is hereby fixed as follows:
(1) When the excess weight is.2,00 pounds or less than the maximum herein
provided, the penalty -shall be 10.00•
U The amount oer pouncl as grovided for in Florida Statute s. 316.545 as
CODING: Words in stFuck thFough 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 2 716/04
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:
Q)_ An apportioned motor v . ehicle, 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 Re istration 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 hi hwa s 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 1 upon ins ectin the vehicle
or combination of vehicles determines that the vehicle is in violation of Florida Statute s.
207.004, a penalty in the amount of $50.00 shall be assessed. and the vehicle may be
detained until payment is collected by the officer.
21 In add ition_to the penalty provided for in Section 14-85 (d)(1). the vehicle ma
be detaineduntil the owner or operator of the vehicle furnishes_ evidence that the vehicle
has been properly registered ursuant 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
p Statutes. 207.004(4. Notwithstanding the
appropriate fee as provided in Florida Statue„
provisions of this section all ermit fees collected pursuant to this subsection shall be
transferred to the Department of_. Highway Safety and Motor Vehicles to be allocated
ursuant to Florida Statute s. 207,026.
3 Any person aggrieved by the iml2osition of penalties pursuant to Section 14-
85 d may apoly to the Cit '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 StFUElf thFeU@h type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #T02053
9
05/17/2004
revision 1 6/30104
revision 2 7/6/04
revision 3 7/7/04
(e) In addition to the right to prosecute violations in County Court, whenever anyperson
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 pena
lty, 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 corp_oration_claiming an interest in the seized motor vehicle may,
at any time after the lien of the city attaches to the motor vehicle obtain -possession of the
officer having
seize vehicle-by__filing a good and sufficientforthcomingcash bond with the o
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 safekeel2ing, 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 al2pears that the seized
vehicle has been released to the defendant upon defendant's forthcoming bond, the city
shall take 'ud ment of foreclosure against the propert itself and 'ud ment a ainst 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 Renalties 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. 31.6.302 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
penal. 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 Anyperson aggrieved by the imposition -of a civil penalty pursuant to this Article ma
apply_ to the City's Special Master for a modification, cancellation or revocation of the
enalt ; and the Special Master is authorized to mod& cancel revoke or sustain such
penalty.
Penalties and fines collected by any officer or agent 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 struele through 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 monthl basis.
Sec. 14-86. Special Permits.
An oversize or overwei ht 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 Statute s. 316.550. Any owner or o erator holdin such
s ecial permit shall be exempt from the limitations established in Section 14-$4 but must
abide by the limitations as described in the special permit.
Sec. 14-87. Weight, Load Limits Lowered.
The city may rescribe by notice hereinafter provided for loads and wei hts lower than the
limits prescribed in this cha ter and other laws whenever in its iud ment 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 part, the operation of any specified
class or size of motor vehicles,- trailers, or semitrailers on_any streets, roadways_or
ecified
s thereof
re uat on orhways spis necessa under to royide forithe n ubl c safety in its
convenien such
J_- .
—g prohibition -R! p_._.. .... P ,.y_._.._._... convenience an
the streets road wa s or hi hwa s or arts thereof b reasan of traffic density, intensive
use thereof by the traveling public, or other reasons of public safety and convenience. The
intermediate notice
ii orsubstance
thereof
and road all be posted at conspicuous places at terminals of all
ad unctions with the section of street roadway or highway
to which the notice shall apply. After any such notice has been -Posted, the operation of an
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 ille al operating, driving, or
CODING: Words in stfdekAhreegh type are deletions from existing law;
Words in underscored type are additions.
1
E
1
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 object 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 grovided in this chapter but authorized by special Dermit 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 Aftick through 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 10 day of July, 2004.
PASSED, SECOND READING this 25th day of August, 2004.
,C
dOE SCHREIBER
` MAYOR
ATTEST:
RECORD OF COMMISSION VOTE: 1st Reading
AYOR SCHREIBER AYE
z�
DIST 1: COMM. PORTNER
AYE
MARION SWEN ON, 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 M SULTANOF
AYE
DIST 4: COMM. ROBERTS
AYE
MITCHELj S. K"
CITY ATTORNEY
CODING: Words in straek through type are deletions from existing law;
Words in underscored type are additions.
I+r�:�,ard (;�ui;r� Ll�rrif±". i)ili:,•
Temp Reso #10527-August 18, 2004
Exhibit B
DATE: June 3", 2004
TO: Chief Kenneth Dugger, Tamarac/ District 7
FROM: Sergeant Ramon L. Perez, Supervisor Traffic Unit
SUBJECT: City Of Tamarac Commercial Vehicle Enforcement Ordinance proposal
BACKGROUND:
The trucking industry has grown tremendously in the past five years. With the enactment of the Code
of Federal Regulations, Title 49, concerning the Transportation of Hazardous Materials and the
subsequent adoption of these rules by the State of Florida, enforcement of these regulations has also
been extended to local governments.
Each year 10,000 people are killed and 782,000 are injured nationwide in collisions involving
Commercial Motor Vehicles. There are 500,000 shipments of Hazardous Materials every day in the
United States. There are currently 3,633 shippers, generators, storage and manufacturers of
Hazardous Materials in the surrounding areas of the City of Tamarac. This figure does not include
Post Office Boxes utilized by businesses operating actual facilities within City limits.
The potential for a disaster and injury or death to children and adults increases every day. By
providing enforcement at the municipal level, a more accurate accounting of the types, amounts and
locations of these potentially dangerous materials can be maintained. Both the motoring public and
the trucking industry will benefit with safer Commercial Motor Vehicles traveling the highways and
delivering services in their neighborhoods.
PURPOSE:
The implementation of Commercial Motor Vehicle/Hazardous Materials enforcement, by the Tamarac
District 7 Broward County Sheriff's Office, will have a tremendous impact in removing substandard or
unsafe vehicles from the roadways and increasing public safety and confidence that the Broward
Sheriffs Office and the City of Tamarac are acting swiftly and _positively to the growing needs of the
citizens. Commercial Motor Vehicle compliance enforcement activities will be conducted periodically,
with locations and hours coinciding with current analysis of the transportation of hazardous or other
materials and initiation of activities requiring the use of Commercial Motor Vehicles.
The initial purchase of equipment is necessary in order to properly conduct inspections and insure
that the vehicle can be safely operated on the public streets.
Page I of 5
CAS, OPE:
I. The following is the recommended operational policy for the implementation of
Commercial Motor Vehicle/Hazardous Materials enforcement and inspections
conducted by the Broward Sheriffs Office, District 7 for the City of Tamarac Florida.
2. It is the intent to provide a safe and orderly environment for enforcement officers to conduct
inspections on designated vehicles.
3. The purpose of the enforcement will be to insure vehicle and motorist safety.
4._ Staffing of the operation shall be by Deputy Sheriffs certified or other law enforcement
personnel with experience in the field of Commercial Motor Vehicle/Hazardous Material
Enforcement. Safety of all parties involved must be a primary consideration.
INSPECTION PROCEDURES:
1 _ The Code of Federal Regulations allows Commercial Motor Vehicles to be inspected without
prior knowledge of a traffic infraction.
2. The Commercial Motor Vehicle operator shall be advised of the reason for the diversion and
requested to produce a Commercial Motor Vehicle (CMV) license, registration and shipping
papers.
3. Upon completion of the inspection, a determination shall be made by the deputy to take the
following action:
a. Issue a traffic citation
b. Issue a warning
c. Place the vehicle out -of -service
d. Collect any fines.
4. Every effort shall be made to return the CMV safely back into the flow of traffic.
5. In the case of a Hazardous Materials spill or leak, the procedure outlined in the BSO policy
and procedures manual shall be followed and assistance immediately requested.
6. In the event an arrest is made, every effort shall be made to contact the Commercial Motor
Vehicle owner to have the vehicle removed. Where the owner/lessee cannot be contacted,
the city contracted towing company will be requested and dispatch notified of the following
information:
a. vehicle length
b. vehicle gross weight
c. description of cargo, if any
d. any out -of -service criteria which may effect the removal of the vehicle
Page 2 of 5
REPORTS:
1. Standard reports and documents will be completed in accordance with established policy.
2. Reports shall reflect that the operation was conducted for the purpose of Commercial Motor
Vehicle and Haz-Mat inspections in accordance with established CFR and Policy and
Procedures of the Broward Sheriff's Office.
3. Submission of reports will be in accordance with established Policy and Procedures of the
Broward Sheriffs Office,
4_ Timeliness of reports will be in accordance with established Policy and Procedures of the
Broward Sheriffs Office.
COLLECTION OF FINES:
1. Penalties and fines collected by any deputy or agent will be delivered to the Tamarac City
Finance Department by approved methods. The deputy will obtain a receipt for said fines from
the finance clerk. The receipt will be attached to their event report and delivered to the BSO
Records Division.
2. Any deputy or agent collecting the penalties herein imposed shall give to the owner or driver of
the vehicle a receipt for all penalties collected. Such deputies or agents shall cooperate with
the owners or drivers of motor vehicles so as not to delay unduly the vehicles.
3. Penalties and fees are due and payable at the time of issuance and shall be remitted to the
deputy 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 of Tamarac.
4. Once fines have been collected, per F.S.S. an overweight vehicle under 6000 pounds will be
released. Vehicles over 6000 pounds will be required to off load the difference onto another
vehicle.
5. If a CMV is impounded, the owner/operator will be responsible for paying all penalties against
the vehicle before it is released. The owner operator will be responsible for the removal of
cargo from the impounded CMV. If said CMV is auctioned due to lack of penalty payment, the
proceeds will be turned over to the City of Tamarac in order to fulfill the assessed penalties.
RECOMANDATION:
A program currently in place in the City of Deerfield Beach, Weston, and Coral Springs has proven
successful. In the past twelve months Deerfield Beach collected over $107,954.00 and Weston
collected $54,000.00 in revenue. and fines. The City of Coral Springs on our northern perimeter
collected $52,000.00 in fines. The City receives 100% of the weight scale fines and over 25% of the
state revenue from each paid citation. The opportunity for adopting these regulations as a City
Ordinance does exist, thereby increasing the total amount of revenue and assuring motorist safety.
Page 3 of 5
The following are results, from deputies during a three (3) hour operation targeting Commercial Motor
Vehicles and Hazardous Materials Enforcement within the City of Tamarac, are an indication of what
may be accomplished if this proposal is adopted:
Total hours expended 03
Location: 10200 Block W. Commercial Blvd
Time: 0700 —1000
Criminal traffic:
(7)
($1064.00 minimal)
Out of Service Vehicles:
(10)
Out of Service Drivers:
(4)
Vehicles Towed:
(2)
Safety infractions:
(120)
($5640.00)
Moving violations:
(5)
($405.00)
Unsecured Loads:
(11)
($517.00)
Total citations issued:
(159)
Potential Revenue: ($9026.00)
Vehicles Weighted: (2) $1400.00
Safety Inspections: (49)
Had the ordinance been in effect, the City of Tamarac would have received from the $9026.00 in
fines, $1400.00 (100%) of weight fines and $1907.00 (25%) of state fines for a total of $3307.00.
These fines could be used by the City of Tamarac to repair damaged roadways that may have been
caused by overloaded commercial motor vehicles, conduct education, safety inspection and
enforcement operations to enhance the safety and welfare of Tamarac motorist and residents alike.
To conduct enforcement operations a specialized commercial vehicle enforcement unit would need to
be purchased to conduct enforcement of the ordinance. I recommend that monies from the local law
enforcement trust fund be considered for this purchase. I have taken the liberty of researching the
cost for such a vehicle which is currently used by the City of Deerfield Beach and the City of Weston.
This vehicle would allow for efficient enforcement efforts within the City of Tamarac.
INTIAL EQUIPMENT PURCHASE:
Expedition 42 $22,495.00
Required Accessories_
3rd key****** $78.00
LIMITED SLIP XH6 $295.00
HEAVY DUTY TOW STANDARD
XLT UPGRADE $3,659.00
(Cloth 2nd row seat/am/fm/cd/
includes 5.41 V8 engine)
Roof mounted lightbar
LS14800 $2,516.00
(blue version)
Page 4 of 5
Headlight flasher 2150A $134.00
corner strobes csp60 $394.00
Scaleand Storage Box
approx. $1,500.00
BSO Graphics $245.00
TOTAL COST: $31,316.00
E ui ment for Vehicle:
Load 0 Meter Corp
(6 Haenni mod #w101 scales
$20,700.00
Mobile Vision In -car video
System7-mv7
$3,545.00
Dell Laptop computer
$2,000.00
AT&T unlimited wireless service
(70.00 a month for 2 year)
$1,680.00
Software Programs
$1,000.00
HP portable printer
$ 500.00
Computer Mount/Labor
$ 316.00
Wireless Server edge card
$ 250.00
Grainger assorted tools
$ 225.00
Nextel cellular service 1 year
$ 636.00
(53.00 a month for 1 year)
Nextel 1305 cellular phone
$ 69.00
Pocket citation Bundle kit
$3892.20
State Citation Printer
$750.00
D/L Swiper
$200.00
GRAND TOTAL: $67 079.20
Attachment,
Uun
Page 5 of 5