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HomeMy WebLinkAboutItem VI (A) First Reading of Ordinance, Second Reading and Public Hearing Schedule for July 5, 1994 , amending Ord No 94-20 Ch. 165 & 168 of the Code of Ordinanace, realting to junk and abandoned vehicles, commerical vehicles in residential areas AGENDA 6-21-94 ENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item VI A 1 OcheG -.----- .--- --------- °('" N° CITY OF OCOEE COMMISSIONERS JOHNSON D. 150 N.LAKESHORE DRIVE PAUL W.FOSTER N,: i,,, 0 OCOEE FLORIDA 34761-2258 VERN COMBS -1i4' -/-5 4 v (' X2322 JIM GLEASON r " v>> QTY MANAGER GOOV ELLISSHAPIRO STAFF REPORT TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS FROM: DONALD W. FLIPPEN, BUILDING AND ZONING DIRECTOR � .� DATE: JUNE 16, 1994 SUBJECT: ORDINANCE AMENDING CHAPTERS 165 AND 168 ISSUE Should the Honorable Mayor and Board of City Commissioners approve the proposed Ordinance Amendment of Chapter 165 and Article 1 of Chapter 168 of the City Code? BACKGROUND/DISCUSSION The City has experienced a long-term on-going problem regarding what constitutes a junk, abandoned, and/or improperly parked vehicle. A secondary problem has been encountered as to who own the offending vehicle, how and to whom to serve legal notice as to the alleged offense, and how to "speed-up" the enforcement process to better cover the City. Lastly, large trucks and inappropriately sized vehicles have been found to be utilizing neighborhood streets. The present proposal will seek to address these three (3) problem areas more expeditiously and economically to better the needs of the taxpayers. RECOMMENDATION The Building and Zoning Department Staff recommends that the Honorable Mayor and Board of City Commissioners approve the adoption of the proposed ordinance amending Chapters 165 and 168. DWF/sas/160 ? 15 ORDINANCE NO. 94- 20 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING CHAPTER 165 OF THE CITY CODE RELATING TO JUNK AND ABANDONED VEHICLES, INCLIIDING PROVISIONS THEREOF RELATED TO DEFINITIONS, PROHIBITED ACTS, PRESUMPTIVE EVIDENCE OF ABANDONMENT, ENFORCEMENT ON PUBLIC PROPERTY, ENFORCEMENT ON PRIVATE PROPERTY, AND REMOVAL AND DESTRUCTION BY CITY; AMENDING ARTICLE I OF CHAPTER 168 OF THE CITY CODE RELATING TO VEHICLES AND TRAFFIC, INCLUDING PROVISIONS THEREOF RELATED TO DEFINITIONS, PARKING, STOPPING AND STANDING ON HIGHWAYS AND STREETS AND THE REMOVAL OF VEHICLES FOR VIOLATIONS THEREOF, PARKING OF COMMERCIAL VEHICLES OR BUSES ON PUBLIC OR PRIVATE PROPERTY AND THE ENFORCEMENT THEREOF INCLUDING THE REMOVAL FROM PUBLIC PROPERTY, AND EXCEPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 166 and 316, Florida Statutes. SECTION 2 . Chapter 165 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: See Exhibit "A" attached hereto and by this reference incorporated herein. SECTION 3. Article I of Chapter 168 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: See Exhibit "B" attached hereto and by this reference incorporated herein. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Codification. It is the intention of the City Commission of the City that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter" , "section", "article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 6. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. 2 PASSED AND ADOPTED this day of , 1994. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED June 23 , 1994 READ FIRST TIME June 21 , 1994 READ SECOND TIME AND ADOPTED , 1994, UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1994 . FOLEY & LARDNER By: City Attorney 3 EXHIBIT "A" TO ORDINANCE NO. 94- 20 Chapter 165 VEHICLES, ABANDONED AND JUNK §165-1. Title. This chapter shall be referred to as the "Junk and Abandoned Vehicle Ordinance of the City of Ocoee. " §165-2. Definitions. In construing this chapter, the following terms shall have the meanings indicated: ABANDONED VEHICLE - When u3cd in conncction with "junk vehicle", property having a vehicle which is deemed to be abandoned •ursuant to this chaster or which has no monetary value other than nominal salvage value, if any, which has been left unprotected from the elements with no intention by the owner to remain in possession of the property. ENFORCEMENT OFFICER - The officer officers designated by the City Commission to enforce the provisions of this chapter. For the •ur•oses of enforcin• the •rovisions of Section 165-6 of this Chaster the officers of the Ocoee Police De•artment are hereb desi•nated as Enforcement Officers. For the •ur•ose of enforcin• the •rovisions of Section 165-7 of this Chaster the em•lo ees of the Protective Ins•ections De•artment are hereb desi•nated as Enforcement Officers. JUNK VEHICLE - When u3cd in connection with "vehicle, " a vehicle which is dismantled, wrecked, junked and/or nonoperating. c other than nominal salvage value, if any, which has bccn left unprotected from the elements with intention by the owner to remain in po33cssion of the property. PERSONS - Individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations and all other groups or combinations. PRIVATE PROPERTY - Any real property other than public property in the City of Ocoee. located within the corporate limits of the City of Ocoee except for public property and real property owned or leased by Orange County., PUBLIC PROPERTY - Reads Public roads, streets, alleys, highways or other public rights-of-way or easements located within the corporate limits of the City of Ocoee which are under the 'urisdiction and within the reasonable exercise of the police power of the city and real .ro.ert owned in fee title b the Cit of Ocoee. State roads are excluded from the definition of •ublic property. VEHICLE - Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, roadway, street or public right-of-way, excepting devices used exclusively upon stationary rails or tracks. §165-3. Prohibited acts. A. No person shall keep any abandoned or junk vehicle on any public property or any private property within the corporate limits of the City of Ocoee city, except on private property as provided for in S165-5. B. No vehicle shall be left parked in the same place continuously upon any public street, alley, public park er—toarkways property of the city for seventy two (72) forty-eight 148), hours. §165-4. Presumptive evidence of abandonment. A. Any vehicle left parked in the same place continuously upon any public etrect, alley, public park or parkway of the city property for a period of ocvcnty two (72) forty-eight (48) hours shall be considered for the purpose of this chapter as abandoned. B. It shall be prima facie evidence that a motor vehicle is nonoperating if one (1) or more of the following conditions exist: (1) The absence of a currently registered license plate on a vehicle. Vehicles that do not require license plates, such as tractors and race cars, shall not fall into this subcategory unless such vehicle is not re. ired to have a licensed slate. 2 (2) A vehicle with one (1) or more flat tires or other visible signs that a vehicle is not capable of propelling itself down a roadway. Anv non-operating vehicle shall be considered, for the purposes of this chapter, as abandoned. C. Any vehicle left parked in the same place continuously upon any private property for a period of time such that grass is grown up around it obscuring any part of it from view and/or such that there is dead grass under the vehicle from the vehicle having shielded the grass from the nutrients required for growth, without being moved, shall be considered, for the purposes of this chapter, abandoned. In general, this period of time will be interpreted to be in excess of fifteen (15) calendar days. D. Any vehicle that is placed upon blocks and remains in this inoperable condition for more than fifteen (15) calendar days shall also be, for the purposes of this chapter, abandoned. §165-5. Exceptions. This chapter shall not apply to any abandoned or junk vehicle kept: A. Within an enclosed garage or attached carport. B. On the premises of a business enterprise when necessary to the functioning of such business operated in a lawful place and manner. C. In an appropriate storage area or depository maintained in a lawful place and manner. §165-6. Public property; enforcement. A. Whenever the Enforcement Officer of the City of Ococo city ascertains that a an abandoned or junk vehicle is present on public property of the City of Ococo, he shall cause a notice of sufficient size and weatherproofing to be conspicuously placed upon the abandoned or junk vehicle. In addition to said posting, he shall make a reasonable effort to ascertain the name and address of the owner and, upon such discovery, shall attempt to notify the owner either in person or by certified mail on the date of posting a copy of said notice to the owner. 3 B. Notice shall be substantially in the following form: City of Ocoee Police Department 175 North Bluford Avenue, Ocoee, Florida 32761 407/656-1313 ***WARNING*** THIS VEHICLE MAY BE IMPOUNDED IF IT IS NOT REMOVED WITHIN 72 48 HOURS DAY TIME MONTH DATE MAKE MODEL LICENSE # OFFICER BADGE # C. If at the end of ccvcnty two (72) forty-eight C48 hours after posting such notice the owner of the abandoned or junk vehicle described in the notice has not removed the vehicle from the public property or shown reasonable cause for failure to do so, the Enforcement Officer may charge the owner, if known, with a Code violation and cause the abandoned or, junk vehicle to be removed and dicpoocd of undcr S165 9. at the owner's expense. Notification of the towing shall be made to the owner within twenty-four (24) hours e€ after towing. D. Notwithstanding any _provisions of the Code to the contrary, a violation of this section shall subject the owner of such abandoned or junk vehicle to towing fees reasonabl necessitated b such removal and stora.e of the abandoned or 'unk vehicle. The costs of such removal and stora•e shall be a lien a•ainst such abandoned or junk vehicle. All such fees shall be paid directly to the towing service. §165-7. Private property. Px Whenever the Enforcement Officer of the city City ascertains that a an abandoned or junk vehicle is present on private property within the corporatc limit3 of the city, he Shall the Code Enforcement Officer shall attempt to make direct contact with the property owner or tenant where the abandoned or junk vehicle is located and issue said person a notice to remove the vehicle in question. The Enforcement Officer may also elect to make contact with the owner of the vehicle. If direct contact is not made with the property owner or 4 owner of the vehicle, the property owner shall be notified in compliance with Section 7-6 (B) of Chapter 7 of the Code. The property owner will thcn have fifteen fail3 to do 3o-, thc Enforcement Officer will forward the Enforccmcnt Board for di3po3ition of thi3 ca3c. B. Thc Code Enforcement Board'3 admini3trative Staff will notice of the hearing by either hand delivered written notice or certified mail, return rcccipt reque3tcd, in accordance with thc Codc Enforcement Board'3 rule3 of procedure. C. Thc owner of the junk vehicle Shall have the right, except in casc3 of emergency, to appeal thc deei3ion of thc Enforcement Officer to- the City Code Enforcement Board at a 3pecificd time and place to show cauoc why he Should not comply with such notice. §165-8. Enforcement officer; right of entry; identification. A. The Enforcement Officer shall have the right to enter private property for the purposes of inspecting for abandoned and junk vehicles and e€ posting notice when the same shall have been discovered in violation of this chapter. B. The Enforcement Officer shall wear the appropriate clothing and/or a badge which shall visibly identify him as an agent of the city when he enters private property for the purposes of Subsection A above. §165-9. Removal and destruction by city. The City Commission of the City of Ocoee is hereby authorized and empowered to contract on an exclusive or nonexclusive basis with any person, firm or corporation as the Bird Commission deems advisable for the purpose of removing and destroying abandoned and junk vehicles kept on public or private property in violation of this chapter upen. Upon direction of the an Enforcement Officer an such towin• service is hereb authorized and em•owered to remove a vehicle which is in violation of this Chapter. 5 EXHIBIT "B" TO ORDINANCE NO. 94 - 20 ARTICLE I General Provisions §168-1. Adoption of provisions. The Florida Uniform Traffic Control Law, Chapter 316 of the Florida Statutes, as amended and as it will continue to be amended, is hereby adopted by the city, and its provisions shall control traffic within the city. 5168-1.1 Definitions. The definitions set forth in Section 316. 003 , Florida Statutes, as from time-to-time amended, shall be applicable to this Article. §168-2. Fines. The schedule of fines delineated below for parking violations within the city is hereby adopted: A. All parking violations within the city shall be fined in the amount of ten dollars ($10) for each infraction so long as said fine is paid within seventy-two (72) hours. B. Fines that are paid after seventy-two (72) hours but prior to one (1) week shall be in the amount of fifteen dollars ($15) . C. Fines that are paid after one (1) week of the citation being issued but less than two (2) weeks shall be in the amount of twenty-five dollars ($25) . D. Fines that have not been paid within two (2) weeks of the issuance of the citation will result in the owner of record of the vehicle that was parked illegally being notified of the citation, via the United States Mail, by the County Court, in accordance with the Florida Statutes. §168-3. Parking, stopping and standing on hiahwav or street. A. No person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or main traveled part of any highway or street when it is practicable to stop, park or so leave the vehicle off such part of the highway or street, but in every event an unobstructed width of the highway or street opposite a standing vehicle shall be left for the free passage of other vehicles, and a clear view of the stopped vehicle shall be available from a distance of two hundred (200) feet in each direction upon a such highway or street. B. This section shall not apply to the driver or owner of any vehicle which is disabled while on the paved or main traveled portion of a highway or street in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in such position or to passenger-carrying buses temporarily parked while loading or discharging passengers, where highway or street conditions render such parking off the paved portion of the highway or street hazardous or impractical. C. Removal of vehicles. (1) Whenever any police officer finds a vehicle standing upon a highway or street in violation of any of the foregoing provisions of this section, the officer is authorized to move the vehicle or require the driver or other persons in charge of the vehicle to move the same to a position off the paved or main traveled part of the highway or street. (2) Police officers are hereby authorized to provide for the removal of any abandoned or unattended vehicle to the nearest garage or the storage arta of an •erson firm or cor•oration who has contracted with the Cit as •rovided in Section 165-9 of the Code, or other . place of safety;--ire cost of such removal to be a lien against the motor vchicic, when said abandoned vehicle is found unattended upon a bridge or any public highway, street or right-of-way in the following instances: (a) Where such vehicle constitutes an obstruction of traffic-; or (b) Where such vehicle has been parked or stored on the public right-of-way for a period exceeding forty-eight (48) hours in other than designated parking areas and is within the city right-of-way, and a warning sticker has been conspicuously placed on the vehicle pursuant to S165-6 of Chapter 165, Vehicles, Abandoned, of the City Code. D. No persons shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway, headed in the direction of the traffic and with the curbside wheels of the vehicle within twelve (12) inches of the edge of the roadway, except upon a street which has been marked or a sign -erected for angle parking, where all vehicles Shall be parked at the angle to the curb indicated by such mark or sign. 2 §168-4. Parking, stopping and standing prohibited. A No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in any of the following places: A 1. On a sidewalk. $ 2. In front of a public or private driveway. G 3 . Within an intersection D 4 . On a crosswalk. B 5. Within six (6) feet of a fire hydrant. F 6. Within thirty (30) feet of any stop sign located at the side of a roadway. G 7 . Within thirty (30) feet of the nearest rail of a railroad crossing. • 8. Within thirty (30) feet of the driveway entrance to any fire station and on the side of a street opposite. 4 9. On the roadway side of any vehicle stopped at the edge or curb of a street or on the roadway end of any vehicle parked at an angle to a curb or street edge. 4 10. At any place where an official sign prohibits parking. K 11. At any place that is designated as a handicapped parking place for handicapped persons, unless and except when said vehicle is duly permitted for parking therein by virtue of the fact that there is a handicapped occupant. 12 1122 . On both sides of a paved street that is less than twenty-six (2 6) feet in width. For the purpose of this section, the width of the paved street is interpreted to be the entire paved area, to include ribbon curb or Miami curb, if either exists. The city's Street Department is responsible for posting the appropriate no-parking signs on one (1) side of the street, as directed by the Chief of Police, prior to this section being enforced 3 by the city's Police Department. Once installed, the removal of a no-parking sign by vandals or any other means will not be grounds to escape citation for illegal parking. M 13 . On either side of a paved street that is less than seventeen (17) feet wide. The city's Street Department is responsible for posting the appropriate no-parking signs on both sides of such a street prior to enforcement of this section by the Police Department. Once installed, the removal of a no-parking sign will not be grounds to escape citation. N 14. In a cul-de-sac that has a radius of less than thirty (30) feet. Within a roadwa other than •arallel with the edge of the roadway, headed in the direction of the traffic and with the curbside wheels of the vehicle within twelve (12) inches of the edge of the roadway, except upon a street which has been marked or a si-n erected for an- le •arkin• where all vehicles shall be parked at the angle to the curb indicated by such mark or sign. B Whenever a •olice officer finds a vehicle to be sto• •ed standin• or •arked in violation of an of the fore•oin• provisions of this section, the officer is authorized to re. ire the driver or other •erson in char.e of the vehicle to move the vehicle so as not to be in violation of an of the fore•oin• •rovisions of this Section. C. Whenever a police officer finds an abandoned or unattended vehicle to be sto• •ed standin. or •arked for more than fort -ei•ht 48 hours in violation of an of the fore•oin' •rovisions of this section and a warnin' sticker has been cons•icuousl 'laced on the vehicle for at least fort -ei•ht 48 hours •ursuant to Section 165-6 of the Code then the officer is hereb authorized to •rovide for the removal of an such vehicle to the nearest garage or to the storage area of any person, firm or corporation who has contracted with the City as provided in Section 165-9 of the Code. 6168-4.1 Parkin. of commercial vehicles or buses on •ublic property. --- - -A. The •arkin• of commercial vehicles on •ublic streets and road rights-of-way within any residential zoned district, including residential planned unit developments, as 4 established by the Land Development Code for the city, shall be prohibited, except for loading purposes or as otherwise expressly permitted by the Land Development Code. For the purposes of this section, a commercial vehicle is any truck or other vehicle having a rated capacity of over one and one-half (11) tons. B. The parking of buses on public streets and road rights- of-way within any residential zoned district, including residential planned unit developments, as established by the Land Development Code for the city, shall be prohibited, except in designated bus parking areas a• •roved b the cit as •art of a s•ecial exce•tion or conditional use. For the •ur•oses of this section a bus is a vehicle designated specifically for the transportation of people for commercial purposes or transportation of students both public and private. C. Whenever a police officer finds a commercial vehicle or bus to be •arked in violation of an of the fore•oin• provisions of this section, the officer is authorized to take the following actions: 1.. If the vehicle is occu•ied to re•uire the driver or other person in charge of the vehicle to move the vehicle so as not to be in violation of any of the fore•oin• •rovisions of this section. 2 . If the vehicle has been •arked in violation of the fore•oin• •rovisions of this section for more than fort -ei•ht 48 hours and a warnin• sticker has been conspicuously placed on the vehicle for at least fort -ei•ht 48 hours •ursuant to Section 165-6 of the Code, to provide for the removal of an such vehicle to the nearest •ara•e or to the storage area of any person, firm or corporation who has contracted with the city as provided in Section 165-9 of the Code. 3 . If the vehicle is unoccupied or unattended and within the past ninety (90) days the owner of such vehicle has been issued a citation, as provided in Section 168-5.B of this Article for the violation of any of the foregoing provisions with respect to such vehicle, and such citation has not been contested as •rovided in Section 168-5.C. of this Article as of the date of the new violation to provide for the removal of the vehicle _without further notice to the nearest •ara•e or the stora•e area of an •erson firm or cor•oration who has contracted with the cit as •rovided in Section 165-9 of the Code. 5 §168-5. Enforcement. A. The Department of Police shall have the primary responsibility for enforcement of SS168-3 en8 168-4 and 168-4. 1. B. Any person violating any of the provisions of §§168-3 at. 168-4 and/or 168-4 . 1, shall be issued the appropriate citation with the fine levied by the existing City Code. C. If thc Department of Police determines a vehicle to be parked morc than forty eight (48) hours in violation of the Codc, a parking citation shall bc issued and the the owner of said vchicic. It shall bc paid directly to thc towing service. 14 C. If the owner of the vehicle chooses to contest a parking citation, the owner may fill out the required form(s) at police headquarters, requesting a hearing in County Court. D The towin• of an vehicle •ursuant to this Article shall sub 'ect the owner of such vehicle to towing fees reasonabl necessitated b such removal and stora•e of the vehicle. The cost of such removal and storase shall be alien a•ainst such vehicle. All such fees shall be said directl to the towin• service. §168-6. Parking on private property. A. It shall be unlawful to park or store any motor vehicle, whether occupied or unoccupied, on any private property without the express or implied consent of the owner of the property. In the event that the identity of the driver of such vehicle is unknown, the owner or person in whose name such vehicle is registered shall be prima facie deemed to be in violation hereof. B. No owner of any private property shall consent to or acquiesce to the parking or storing of any motor vehicles, whether occupied or unoccupied, on any portion of the owner's property which has not been surfaced and otherwise improved in accordance with all of the off-street parking lot requirements set forth in the Zoning Ordinance Land Development Code, except that this subsection shall not apply to the following: (1) Public school property. 6 (2) Property which is owned, managed or operated by the city, including but not limited to recreational facilities, facilities for social gatherings or occasions, parks, swimming facilities, baseball fields, football fields, basketball courts, tennis courts and youth centers. (3) Property which is zoned R-1, R-1-A, R-1-AA, R-1-AAA, R-2 or PUD Planned Development and has been improved with a dwelling. (4) Property which ha3 bccn improved with a Structure who3e primary purpo3c i3 for rcligiou3 wor3hip, which ha3 at lea3t weekly 3chcdulcd 3crvicc3 and The exceptions set forth above shall not be construed as creating anv exemption from compliance with the provisions of the Land Development Code relating to off- street parking standards. C. The parking of commercial vehicles on privately owned streets and road rights-of-way or on anv private property which is zoned residential includin. residential •lanned unit develo•ments as established b the Land Develo•ment Code for the cit shall be •rohibited exce•t for loadin• and unloadin• •ur•oses or as otherwise •ermitted b the Land Develo•ment Code. For the •ur•oses of this section a commercial vehicle is an truck and other vehicle Navin• a rated ca•acit of over one and one-half 1 tons. D. The •arkin• of buses on •rivatel owned streets and road ri•hts-of-wa or an •rivate •ro•ert which is zoned residential, including residential planned unit develo•ments as established b the Land Develo•ment Code for the cit shall be •rohibited exce.t in desi•nated bus •arkin• areas a• •roved b the cit as •art of a special exception or a conditional use. For the purposes of this section a bus is a vehicle desi•nated s•ecificall for the trans•ortation of •eo•le for commercial •ur•oses or trans•ortation of students both public and private. E. The Protective Ins•ections De•artment shall have the res•onsibilit for the enforcement of this section u•on all privately owned property within all residential zoned districts. 7 P £168-6.1. Exceptions., Nothing contained in this article shall prohibit the parking of vehicles of public or private utility companies on any public or private road. street or alley for the period of time required in the locating, relocating, servicing, testing or repair of equipment of such companies, nor shall the provisions herein construed to prohibit parking of vehicles actuall in use in the construction re.air or maintenance of any road, street, or alley or when a commercial vehicle is en.a.ed in a lawful construction or service o.eration on the site where it is parked. §168-6.2. Load and Weight Limits on Public Roads. The City Engineer is hereby authorized to implement load and weight limit restrictions for City maintained roadways and intersections upon a determination by the City Engineer, supported by an engineering or traffic study, that a City maintained roadway or intersection, by reason of its design, deterioration, rain or other climatic or material causes, may be liable to be damaged or destroyed by motor vehicles, trailers, or semi-trailers which exceed load and weight limits prescribed by the City Engineer. In the event the City Engineer makes such a determination, then load and weight limitations may be imposed by the City Engineer by causing to be posted notice of such limitations at conspicuous places at the terminals of all intermediate crossroads and road junctions with the section of the City maintained roadway or intersection to which the notice applies. After any such notice has been posted the operation of any motor vehicle contrary to such posting shall, pursuant to Section 316. 555, Florida Statutes, constitute a violation of Chapter 316, Florida Statutes. Nothing contained herein shall be construed to interfere with the right of the Florida Department of Transportation to establish detours over any such restricted City maintained roadways and intersections unless such load and weight limitation has been first approved by the Florida Department of Transportation. C:\WP5l\13OCS\OCOEICHAPI68.NEW I6/15/94 I DEBBIEH I PER:dh 8 } FOLEY & LARDNER III NORTH ORANGE AVENUE, SUITE 1800 ORLANDO, FLORIDA 32801 TELEPHONE 14071 423-7656 FACSIMILE 14071 648-1743 TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE, WISCONSIN JACKSONVILLE, FLORIDA POST OFFICE BOX 2193 MADISON, WISCONSIN TALLAHASSEE, FLORIDA WASHINGTON, D.C. WEST PALM BEACH, FLORIDA ORLANDO, FL 32802-2193 ANNAPOLIS, MARYLAND CHICAGO. ILLINOIS MEMORANDUM TO: Don Flippen, Building and Zoning Director FROM: Paul E. Rosenthal, Esq. , City Attorney 4✓ DATE: June 16, 1994 RE: Ordinance Amending Chapters 165 and 168 Please find enclosed a proposed ordinance amending Chapter 165 and Article 1 of Chapter 168 of the City Code. Pursuant to your memorandum of June 14 and our telephone conversation, I have incorporated the requested revisions. Also, I have deleted the alternate language contained in my draft of June 13 , 1994 . Please proceed to have this item placed on the June 21 City Commission meeting for consideration at first reading. If I can be of further assistance, please let me know. PER:dh Enclosure d1 66