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2007-19 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 Appeazance Boazd, the Village Council wishes to revise the Village's pazking 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 Palm Beach finds that the adoption of this Ordinance is in the interests of the public health, safety and welfaze 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 `tivhereas" clauses aze hereby ratified as true and aze 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 s~iel~-tlxsugh): 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 three-~ one-ton shall be pazked 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 pazk in such azeas during normal business hours. • J (d) No truck with a payload or carrying ca~acit~truck model rating,) in excess of thee-fenrths 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. ~ The following vehicles shall not be pazked overnight (from 11.00 p m to 7:00 a.m.) in any residential zoning district unless pazked within a fully enclosed garage: (1) 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; Dump trucks; Construction equipment and vehicles. including farm tractors backhoes, front-end loaders cranes cement mixers pitch buckets or similaz items; Step vans, Hanel trucks or other vehicles with rectangular bulk and a payload or carrying capacity in excess ofone-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): (_10) Boom or bucket trucks• Swamp buggies and half-tracks: Tandem wheel pick up trucks (dooley tyke): and 13 Vehicles that exceed eight (8) feet in height, inclusive of attached equipment and accessories. (f 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 pazked overnight (from 11:00 p.m. to 7:00 a.m.) in any residential zoning district unless: Page 2 of 3 The vehicle is covered with a fitted vehicle cover snecifical~ manufactured for that purpose; The vehicle is pazked within a fully enclosed gazage or otherwise screened from view from adiacent properties and rights-of-way or The vehicle's commercial advertising or mazkings aze completely covered by magnetic signs affixed to the vehicle that have no mazkines 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 str-ielEet~hreugl3): Sec.2-173. Applicability. The code enforcement board shall enforce and have jurisdiction over the following codes: ~ * : Sections 18-34 and 18-35 eely ofChapter 18. Section 4. The provisions ofthis Ordinance shall became and be made a part of the Code of the Village ofNorth Palm Beach, Florida. • Section 5. Ifany section, pazagraph, sentence, clause, phrase or word ofthis 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 ofthis Ordinance. Section 6. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict herewith aze 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. (Village Seal) ~~ ~ ~~ MA OR ,ATTEST:- VILLAGE • APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 3 of 3