Fort Walton Beach Ordinance — 1172--Parking or Storage in Residential Areas — reading text

City of Fort Walton Beach = Americas Mort Beautiful Beaches Y! ua M v\ ee yy vl —— Ordinance 1172 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO PARKING; PROVIDING FOR AMENDMENT OF CHAPTER 1290, SUPPLEMENTARY REGULATIONS, BY ADDING SECTION 1290.13, PARKING OR STORAGE OF COMMERCIAL VEHICLES IN RESIDENTIAL AREAS; BY PROVIDING FOR DEFINITIONS, GENERAL REQUIREMENTS, RESPONSIBILITY FOR COMPLIANCE, ENFORCEMENT, PENALTY, AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: SECTION I. That Chapter 1290, Supplementary Regulations of the Codified Ordinances of the City of Fort Walton Beach, Florida is hereby amended to read as follows: SECTION II. 1290.13 PARKING OR STORAGE OF COMMERCIAL VEHICLES IN RESIDENTIAL AREAS. (A) DEFINITIONS: For the purpose of this Ordinance, the following terms, phrases, words, abbreviations and their derivations shall have the following meaning herein given. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words not defined shall be given their common and ordinary meaning, or for those so included, the meaning found in Section 202.02 of the Codified Ordinances; COMMERCIAL MOTOR VEHICLE: Any self propelled or towed vehicle used on the public highways in commerce to transport passengers or cargo, if such vehicle has a gross vehicle weight rating of 10,000 pounds or more. . GROSS WEIGHT: The weight of a vehicle without load plus the weight of any load thereon. MOTOR VEHICLE: An automobile, motorcycle, truck, trailer, semitrailer, truck tractor, and semitrailer combination, or any other vehicle operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power. PARK OR PARKING: The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers. SEMITRAILER: Any vehicle with or without motive power, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon, or is carried by another vehicle. TANDEM TRAILER TRUCK: Any combination of a truck tractor, semitrailer, and trailer coupled together so as to operate as a complete unit. TRUCK: Any motor vehicle designed, used, or maintained primarily for the transportation of property. LITHO BY VITRO PRESS _ TRUCK TRACTOR: Any motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. (B) GENERAL REQUIREMENTS: (1) Except where expressly permitted by this ordinance or the Florida Statutes, no commercial motor vehicle, truck tractor semitrailer or tandem trailer truck shall be parked on any property or roadway zoned for residential use except during the course of regular business (construction or service operation). (2) Any commercial vehicle which is not cperable or is not properly licensed or registered, as required by the State of Florida, shall be considered to be "in storage" or “under repair", (3) No commercial vehicle shall be stored or under repair on any property or public right-of-way in any residential zone. (C) RESPONSIBILITY FOR COMPLIANCE: The owner, agent and/or tenant of the property on which a violation occurs and the owner of the illegal vehicle shall be jointly and individually responsible for compliance with this part. Each time the violation occurs shall be considered a separate offense. (D) ENFORCEMENT: When a vehicle is found to be in violation of this Ordinance, the Code Inspector shall notify the owner, agent, and/or tenant of the property that a violation exists. If unable to notify the owner, agent and/or tenant, the property shall be posted. Twenty four hours from the time of notification will be given to correct the violation. If the violation is corrected and then recurs or if the violation is not corrected in twenty four hours the case may be presented to the Code Enforcement Board, even if correction has been made prior to the hearing. The burden shall rest upon the owner, agent and/or tenant to request a reinspection. ; -(E) PENALTY: Violation of the provisions of this Ordinance or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variances, shall constitute a misdemeanor; Any person who violates this Ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500.00 or imprisoned for not more than ninety (90) days, or both, and in addition, shall pay ail costs and expenses involved in the case; Each day such violation continues shall be considered a separate offense; Nothing herein contained shall prevent the City of Fort Walton Beach from taking such other lawful action as is necessary to prevent or remedy any violation. SECTION III. This ordinance shali take effect immediately upon approval by Council and signature by the yy, ADOPTED : My SVE, L 99 sr wall I KLs ATTEST: CITY ares spe “ The form and tlegal sufficiency of the foregoing has been reviewed and approved by the City Attorney. wwe, iP ATTORNEY LOC Daily News Published Daily Fort Walton Beach, Florida State of Florida County of Okaloosa Before the undersigned authorized personally appeared Denise Spencer , who on oath says that (s)he is Acct. Asst, of the Northwest Florida Daily News, a daily newspaper published at Fort Walton Beach, in Okaloosa County, Florida; that the attached copy of advertisement, being a__legal inthe matterof__ Notice Ordinance No. 1172 in the Court, was published in said newspaper in the issues of February 28, 1992 Affiant further says that the said Northwest Florida Daily News is a newspaper published at Fort Walton Beach, in said Okaloosa County, Florida, and that the said newspaper has heretofore been continuously published in said Okaloosa County, Florida, each day, and has been entered as second class mail matter at the post office in Fort Walton Beach, in said Okaloosa County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that (s)he has ncither paid nor promised any per- son, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Vena SPpene1r Sworn to and subscribed before me this 28th day of February A.D.19 22 Lt hadi, EL ee) Notary Public, State of Florida at Large CLMSIOBYA My Commission Expires WANDA EDWARDS My Comm. Exp. 11-5-95 Bonded By Service ins. Co. Leg. 328 ‘CITY. OF FORT WALTON -BEACH, FLORIDA "NOTICE © \ The City Council of the City of Fort Walton Beach, Florida, | while meeting in regular ses- sion’ in’ Council Chambers, ‘Fort Walton Beach, Florida, at approximately 7:00 p.m. on March 10, 1992, will consider the enactment of the follow- irig ordinance: ORDINANCE NO. 1172 ‘AN: ORDINANCE OF THE ‘CITY OF FORT WALTON BEACH, FLORIDA, RELATING ‘TO PARKING; PROVIDING FOR AMENDMENT OF CHAP- TER: 1290, SUPPLEMENTARY REGULATIONS, BY ADDING ‘SECTION 1290.13, PARKING ,OR= STORAGE OF COM- MERCIAL VEHICLES IN RESI- ‘DENTIAL AREAS; BY PROVID- ING FOR DEFINITIONS, GEN- ERAL REQUIREMENTS, RE- ‘ SPONSIBILITY FOR COMPLI- "ANCE, ENFORCEMENT, PEN- “ALTY, AND PROVIDING FOR ‘AN EFFECTIVE DATE. jThe above ordinance may be iinspected at the office of the ‘City, Clerk, City of Fort Walton Beach, Florida. Interested par- ties may oppeor at the meet- ‘ing: of City Council on March ‘10; 1992 and be heard with respect to the above ordi- “nance. Any person who de- ‘cides to appeal any decision ‘of the City Council, with re- ‘spect to any matter consid- /ered at this meeting will need ‘d’ record of the proceedings, ‘and for such purposes, may ‘need fo ensure that a verba- ‘finn record of the proceedings .is. made, which record in- "cludes the testimony and evi- Hdence upon which the appeal iis fo be bosed. | HELEN A. SPENCER , CITY CLERK ‘Leg. 328 Feb. 28, 1992.