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HomeMy WebLinkAboutO-223-C . ClTY OF CLERMONT . CODE ORDINANCES No. 223-C AN ORDINANCE UNDER THE CODE OF, ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER 23, TRAFFIC, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR PUBLICATION. THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT: Chapter 23, Traffic is hereby amended as follows: SECTION 1. Sec. 23-1. Florida Uniform.Traffic Control Law adopted by reference; penalty for violation. (a) There is hereby adopted by the city for the purpose of prescribing regulations governing public safety, health and general welfare, that certain code known as the "Florida Uniform Traffic Control Law, II set forth in haec verba in Chapter 316 of the Florida Statutes, together with amendments and revisions thereof, of which chapter of said Florida Statutes and from the date on which this section shall take effect, the provisions thereof shall be controlling within the corporate limits of the city. (b) It shall be unlawful for any person to violate or fail to comply with any provisions of said Chapter 316, Florida Statutes, as adopted here by re- ference, and the violation of any provisions of said Chapter 316, Florida Statutes, shall be punished by a fine or imprisoment or both by such fine and imprisonment as provided in section 1-8 of this code. Each day any violation of any provision of Chapter 316, Florida Statutes shall continue shall consti- tùte a separate offense. Sec. 23-2. Bus stops, loading zones, etc. Nothing in this chapter shall be construed as prohibiting the city council or the police department with the approval of the city council from providing for free parking space for unloading and loading commercial vehicles, for bus stops, for taxicab stands, or for other matters of a similar nature. Sec. 23-3. Truck and trailer parking prohibited in residential areas; exceptions. In all residential districts or zones designated R-I-A, R-l, R-2, or R-3 in the Zoning Ordinance of the City of Clermont, no person, firm, or corpor- ation shall park, cause to be parked, or allow to be parked on their real property, or on property which they have under lease, or in the streets, alleys, or parkways abutting said property; any house trailer or commercial vehicle of whatever size or type, including either tractor or trailer of any type, includ- ing, but not limited to, boat trailers except as provided herein. However, "pick-up" trucks and commercial vehicles, of "van" design, or any type of trail- er including boat trailers, of 15,000 pounds nominal Gross vehicle"weight Rating (GVWR) or less may be so parked. Commerc~al vehicles of any type, ,however, includ- ing those of GVWR at or under 15,000 pounds may be permitted only if such vehicle(s) can be parked in a manner that will not interfere with the traffic flow or character of the neighborhood. No truck in excess of 15,000 pounds GVWR will be permitted on any streets in the City of Clermont except on established truck routes, or as per- mitted below. These prohibitions shall not apply to owners who have construction in progress on their property, nor does it prohibit routine deliveries by tradesmen, or the use of trucks in making service calls, nor does it apply'to a situation where a truck becomes disabled or, as a result of an emergency, is required to be parked on or abutting property or streets within the City, provided such vehicle is removed within twenty-four (24) hours after same became disabled or said emergency occurred. Ambulances and school buses, while parked at schools or parks; boat trailers parked at boat ramps, and recreation vehicles parked in conformance with Sec. 24-4 are excluded from the provisions of this section. It is further provided that, in areas designated R-l-A, R-l, R-2, or R-3 being utilized for agricultural uses as permitted by the ZOning Ordinance of the City of Clermont, such machinery and vehicles necessary for cultivation and harvest may be used in such a manner as not to inter- fere with the traffic flow or character of the neighborhood. . ClTY OF CLERMONT . CODE ORDINANCES No. 223-C Sec. 23-4. Vehicles - Authority to impound. (a) Police officers are hereby authorized to remove a vehicle from a street to the nearest garage or other place of safety, or to a garage designated or maintained by the police department, and being within the City of Clermont, under the circumstances hereinafter enumerated: (1) When any vehicle is left unattended upon any bridge, causeway, or viaduct, where such vehicle constitutes an obstruction to traffic. (2) When a vehicle upon a street is so disabled as to constitute an obstruc- tion to traffic, or the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody and removal. (3) When any vehicle is left unattended upon a street and is so parked illegal- ly as to constitute a definite hazard or obstruction to the normal movement of traffic. (4) When any vehicle is left unattended upon a street continuously for more than seventy-two (72) hours and may be presumed to be abandoned. (5) When the driver of such vehicle is taken into custody by the police depart- ment and such vehicle would thereby be left unattended upon a street. (6) When removal is necessary in the interest of public safety because of fire, flood, storm or other emergency reason. (7) No vehicle impounded in an authorized garage as herein provided shall be released therefrom until the charges for towing such vehicle into the garage, and storage charges have been paid. Sec. 23-5. Same - Notice of impounding. (1) Whenever an officer removes a vehicle from a street as authorized in section 23-4, and the officer knows or is able to ascertain the name and address of the owner thereof, such officer shall immediately give or cause to be given notice to such owner of the fact of such removal, and the reasons therefore, and of the place to which such vehicle has been removed. In the event any such vehicle is stored in an authorized garage, a copy of such notice shall be given to the proprietor of such garage. Sec. 23-6. Garages to report vehicles involved in accident or struck by bullet. The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in an accident, or struck by any bullet, shall report to the police department within twenty-four (24) hours after such vehicle is received and before any repairs are made to such vehicle, giving the engine number, registration number, and if known, the name and address of the owner and operator of such vehicle, together with any other discernible information. Sec. 23-7. Permits for parades, processions, and sound trucks. No procession, or parade, excepting the forces of the United States armed services, the military forces of this state, and the forces of the police and fire departments, shall occupy, march, or proceed along any street or roadway except in accordance with a permit issued by the chief of police and such other regulations as are set forth in Chapter 316, Florida Statutes which may apply. No sound truck or other vehicle equipped with amplifier or loudspeaker shall be driven upon any . ClTY OF CLERMONT . CODE ORDINANCES No. 223-C street for the purpose of selling, offering for sale, or advertising in any fashion except in accordance with a permit issued by the chief of police and such other regulations as are set forth in Chapter 316, Florida Statutes. SECTION 2. All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed. SECTION 3. Should any section or part of this section be declared invalid by any court of competent jurisdiction, such adjudications shall not apply or affect any other provision of this Ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. SECTION 4. This Ordinance shall be published as provided by law and it shall become law and shall take effect immediately upon its Second Reading and Final Passage. First Reading this /.3 day of ~A':-(' , 1982. Second Reading this // day of TIl-j , 1982. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, THIS II DAY OF 11l.~-I ' 1982. ~---~~~ ~e;-~kinson, Mayor - """'-- Attest: sa~~;zaP C~) . ClTY OF CLERMONT . CODE ORDINANCES 223-C I HEREBY CERTIFY that a certified copy of the foregoing Ordinance No. 223-C was published on April 22, 1982, in a newspaper of general circulation located within the City of Celrmont, as required by Florida Statutes 166.041 (3) (a), said date of publication being at least 14 days prior to the Second Reading and Final Adoption of the Ordinance. sßi~: l2a~ Clerk