HomeMy WebLinkAbout2007-19 Commercial Vehicle Parking•
•
ORDINANCE 2007-19
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA AMENDING ARTICLE III, "STOPPING,
STANDING AND PARKING," OF CHAPTER 18, "MOTOR VEHICLES," OF
THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 18-34,
"PARKING RESTRICTED," TO REFERENCE PAYLOAD OR CARRYING
CAPACITY AND PROVIDE RESTRICTIONS FOR THE OVERNIGHT
PARKING OF SPECIFIED VEHICLES IN RESIDENTIAL ZONING
DISTRICTS; AMENDING ARTICLE VI, "CODE ENFORCEMENT BOARD,"
OF CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE OF
ORDINANCES BY AMENDING SECTION 2-173 TO PROVIDE FOR
ENFORCEMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, having reviewed the existing regulations, and having considered the
recommendations of the Planning Commission, acting as the Village Appearance Board, the
Village Council wishes to revise the Village's parking regulations to: (1) restrict vehicles based
on payload or carrying capacity; (2) provide additional regulations governing vehicles parked
overnight in residential zoning districts; and (3) provide for enforcement of such regulations by
the Village Code Enforcement Board; and
WHEREAS, the Village Council of the Village of North Pahn Beach fmds that the
adoption of this Ordinance is in the interests of the public health, safety and welfare of the
Village and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing `whereas" clauses are hereby ratified as true and are incorporated herein.
Section 2. The Village Council hereby amends Chapter 18, "Motor Vehicles and Traffic,"
Article III, "Stopping, Standing and Parking," of the Village Code of Ordinances by amending
Section 18-34 to read as follows (new language is underlined and deleted language is strickenreugh):
Sec. 18-34. Parking restricted.
(a) Between the hours of 2:00 a.m. and 6:00 a.m. on streets where no
curbing is provided, the parking of a vehicle shall not usurp more than twelve (12)
inches of the paved portion of the street.
(b) No person shall leave any truck, trailer, boat or any vehicle of a
similar type parked upon any public street or highway within the village between
the hours of 12:30 a.m. and 6:00 a.m.
Page 1 of 3
•
•
•
(c) No truck with a payload or carrying capacity (truck model rating) in
excess of twee -fad one -ton shall be parked upon a public street or highway
inclusive of swale area within the village; provided, however, commercial
vehicles making deliveries or pickups or otherwise servicing residential,
commercial or industrial property within the village shall have the right, if
necessary, to temporarily park in such areas during normal business hours.
(d) No truck with a payload or carrying capacity (truck model rating)
in excess of threes one -ton shall be parked at any time upon private
property within the village unless such truck is being utilized as part of an existing
business on the private property; provided, however, commercial vehicles making
deliveries or pickups or otherwise servicing residential, commercial or industrial
property within the village shall have the right, if necessary to temporarily park
upon private property during normal business hours.
(e) The following vehicles shall not be parked overnight (from 11:00 DAP.
to 7:00 a.m.) in any residential zoning district, unless narked within a fully
enclosed garage:
(11
Lzi
al
CAI
(10)
(11)
(12)
(13)
Tractor trailers. and semi -trailer trucks:
Tow trucks, wreckers or flat bed vehicle carriers;
Commercial buses, school buses, or vans accommodating more
than 16 passengers;
Dumb trucks;
Construction equipment and vehicles. including farm tractors.
backhoes, front-end loaders, cranes. cement mixers. Ditch buckets
or similar items:
Step vans, panel trucks or other vehicles with rectangular bulk and
a payload or carrying capacity in excess of one -ton;
Any vehicle used and designed for the commercial sale of food or
beverages:
More than one taxi. car service vehicle, or limousine:
Stretch limousines (i.e.. any automobile. snort utility vehicle or van
for hire. and of original manufacture or remanufacture, that
exceeds a seating capacity of eight persons):
Boom or bucket trucks;
Swamp buggies and half-tracks;
Tandem wheel Dick up trucks (doolev tyael: and
Vehicles that exceed eight (8) feet in height, inclusive of attached
equipment and accessories.
(0_ In addition to the foregoing, vehicles with commercial advertising
or markings that occupy more than ten (10) square feet of any given side of the
vehicle shall not be narked overnight (from 11:00 D.m. to 7:00 a.m.) in any
residential zoning district unless:
Page 2 of 3
•
fil
L)
The vehicle is covered with a fitted vehicle cover specifically
manufactured for that purpose:
The vehicle is narked within a fully enclosed garage or otherwise
screened from view from adiacent properties and rights -of -way: or
The vehicle's commercial advertising or markings are completely
covered by magnetic signs affixed to the vehicle that have no
markings whatsoever and are the same color as the base Paint of
the vehicle.
Section 3. The Village Council hereby amends Chapter 2, "Administration," Article VI,
"Code Enforcement Board," of the Village Code of Ordinances by amending Section 2-173 to
read as follows (new language is underlined and deleted language is striae):
Sec. 2-173. Applicability.
The code enforcement board shall enforce and have jurisdiction over the
following codes:
***
Sections 18-34 and 18-35 only of Chapter 18.
Section 4. The provisions of this Ordinance shall become and be made a part of the Code of
the Village of North Palm Beach, Florida.
Section 5. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of this Ordinance.
Section 6. 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 7. This Ordinance shall take effect on June 16, 2008.
PLACED ON FIRST READING THIS 7th DAY OF NOVEMBER. 2007.
PLACED ON SECOND, FINAL READING AND PASSED THIS 13th DAY OF DECEMBER. 2007.
i lage Seal)
MA OR O
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
Page 3 of 3