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HomeMy Public PortalAbout18-14 AMENDING CHAPTER 22 SECTION 22-160 REGUALTIONS FOR PARKING, STORING OR KEEPING COMMERCIAL VEHICLES, BOATS BUSES, TRAILERS AND TRUCKS 1st Reading: July 11, 2018 2"d Reading: September 26, 2018 Public Hearings:July 11, 2018 and September 26, 2018 Adopted: September 26, 2018 Effective Date: September 26, 2018 SPONSORED BY: Vice-Mayor Kelley ORDINANCE NO. 18-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AMENDING CHAPTER 22, ARTICLE VI, SECTION 22-160 - REGULATIONS FOR PARKING, STORING OR KEEPING COMMERCIAL VEHICLES, BOATS, BUSES, TRAILERS AND TRUCKS OF THE CITY OF OPA- LOCKA CODE OF ORDINANCES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 22, Sec. 22-115 entitled Parking of Trucks of the City of Opa- Locka Code of Ordinances ("Code") states "[w]within any residential district, no commercial trucks, earthmoving equipment, construction trucks, landscaping trailer, trailers, wagons, or recreation vehicles shall be parked [including overnight] within the front yard, or on any public right-of-way"; and WHEREAS, Chapter 22, Section 22-160 entitled Regulations for Parking, Storing or Keeping Commercial Vehicles, Boats, Buses, Trailers and Trucks, Subsection A of the Code permits the parking of buses, semi-trailers, house trailers, trucks and/or truck tractors, on any public right-of-way within any residential district up to six hours; and WHEREAS, the Commission of the City of Opa-Locka finds that it is in the best interest of the City of Opa-Locka to reduce the six-hour parking window for buses, semi-trailers, house trailers, trucks and/or truck tractors in residential districts to fifteen (15) minutes or the time it takes to unload a delivery or drop-off a passenger, whichever time period is greater. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AS FOLLOWS: SECTION 1. RECITALS The recitals to the preamble herein are incorporated by reference. SECTION 2. ADOPTION That Chapter 22, Article VI, Section 22-160 - Regulations for Parking, Storing or Keeping Commercial Vehicles, Boats, Buses, Trailers and Trucks, Subsection A and Subsection B of the Code of Ordinances is amended in the following manner: (A) Motor Vehicles Prohibited or Restricted in Residential Districts. Ordinance No. 18-14 1. It shall be unlawful for any owner, agent, operator or person in charge of any bus, semi-trailer, house trailer, truck and/or truck tractor, to park, store, or keep such motor vehicle on any public right-of-way within any residential district for a period exceeding six (6) hours in any twenty four (24) hour period, each period commencing at the time of first stopping or parking, fifteen (15) minutes or the time it takes to unload a delivery or drop-off a passenger, whichever time period is greater, unless a permit is first obtained from the Police Department, except as permitted herein. 2. It shall be unlawful for any owner of property in any residential district in the City of Opa-locka to park on, or allow to be parked on one's residential property or in the public right-of-way abutting one's property, any bus, semitrailer, house trailer, truck, and/or truck tractor for a period exceeding six (6) hours in any twenty four (2'1) hour period, each period commencing at the time of first stopping or parking fifteen (15) minutes or the time it takes to unload a delivery or drop-off a passenger, whichever time period is greater, unless a permit is first obtained from the Police Department. (B) Delivery and Construction Vehicles: Emergency Repairs. 1. The restrictions of Subsection (A) 1. shall not apply to the temporary parking of such vehicles on private property in residential districts whereon construction is underway for which a current and valid building permit has been issued and said permit is properly displayed on the premises. 2. The restrictions of Subsection (A) 2. above of six (6) hours in residential districts shall not apply to routine deliveries by tradespeople or the use of trucks in making service calls providing that such time in excess of six (6) hours is actually in the course of business deliveries or servicing, as the case may be. 3. The restrictions of Subsection (A) shall not apply to a situation where such vehicle becomes disabled and, as a result of such emergency, is required to be parked within a residential district. However, any such vehicle shall be removed from the residential district within twenty-four (24) hours by wrecker towing licensed by the City, if necessary, regardless of the nature of the emergency SECTION 3. SEVERABILTY If any clause, section, or other part or application of this Ordinance is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portions or application of this Ordinance. SECTION 4. CONFLICT All ordinances or resolutions or parts of ordinances or resolutions in conflict herewith, are hereby repealed. SECTION 5. CODIFICATION This Ordinance shall be codified in the Code of Ordinances when the code is recodified. Ordinance No. 18-14 SECTION 6. SCRIVENER'S ERRORS. Sections of this Ordinance may be renumbered or re-lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re-codified copy of same with the City Clerk. SECTION 7. LIBERAL CONSTRUCTION. The terms and provisions of this Ordinance shall be liberally construed to affect the purpose for which it is adopted. SECTION 8.EFFECTIVE DATE. This Ordinance shall take effect upon the adoption of this Ordinance by the Commission of the City of Opa-Locka and is subject to the approval of the Governor or his designee. This ordinance was moved for adoption by Vice Mayor Kelley. The motion was seconded by Commissioner Holmes, and upon being put to a vote, the motion passed by a 4-1 vote: Commissioner Holmes YES Commissioner Pigatt YES Commissioner Riley NO Vice Mayor Kelley YES Mayor Taylor YES PASSED AND ADOPTED this 26th day of September, 2018. / , / MYR 4 L. TAY OR, MAYOR A' -st to: Approved as to form and legal sufficiency: l� f�,-- LA . tvri Joan . Flores T ot�/n aw Group, LLC City I lerk ity ttorney The Miami Herald I Sunday, September 02, 2018 I Nbrs—North West - Doral - Miami Sp... Page 1 of l SUNDAY sEPFEMRfR2zo1 ( NEIGHBORS I 19NW MIAMINERALD.COM QP re Iiii.i.._ 461 ells(I•UI)A-LUCKA,t 0RIDA '*r q, - 4 t�`, , r NO1II'E'r0 MU PGiliac . .., ti NOTICE IS HFRIiI GDF\th,t the C-ry Commission■th the Ctv et Opa.locks.Florida wall h:.id 7 t`"�wuw pubs h t t Regular C. - Mc,r Wednesday.September i2 018 17.(ll p.m at 'd t 1 1 '�+rma'w' the Sht hod Village 4ud t tV President B F Ohama:Perv,z,Avenue.Opa locks.Hondo tr I i s ,' IL'a +"" consider heal ado ption on the follow mg proposed ordinanc_8- - - pot Lirs111t1.,VDA\C01111J\)NCI M IIM 111,1111Sc__ J` AN OHI \tNCF(pI 1II tin COMM USSR b\OF l iii CrCY OF OP.A-11)CKA,FLORIDA. :'MENDING THE 0PA-LCR'K:t CODE:OF ORDINANCES,CHAPTER 21 MATER,SI\51;11 AND STORM It T1 II.II t Ill III)S SECTION 21-77 SC111 DUI OF RATES CENFRAI.I S: 'y4 gg q PRO\'DING FOR INCORPORATION or RECII*ES; PROVIDING FOR.ADOPTION 01' �y ' .`.'s dR11C11 PROVIDING FOR Al 111012171 PRO{11DNG FOR t'ODIFI(5110\;PROVIDING, \i'A E t s t FOR S(RIVFNI 1(5 11RORS PROVIDING FOR CO\i[ICI PRO%MDI\G FOR 111111A1. 1 ye` F h ,! ,C ,I CONSTRl{TlOA PROVIDING FORM VERRA1111 ITS AND PROVIDING Fr 111 AN EFFIE-ID V "I 4 N 3 & DA IF rritainepaati he<,ri s7.Mnr Jai,11 11 ,. -9ErrYAtvA117 AN 0111115 5N1'E OI THE C11) COMMISSION OF 711E t:ITS OF 0Pt-1(RKA,FLORIDA. Boys&Girls Clubs of Miami-Dade held its fourth annual Alumni Reunion&Hall of Fame ,%%II\DINE:(RAPIER ER 2.:ARTICLE 5T-SI(non 22-160•RECITAL IONS FOR PARKING, Induction at Marlins Park Aug.25.This year's inductees are from left.Larry Rentz, A-i-oRl\C.Ors KEEPING a rMMFRC UL t'EMCEES.555(1 N l/I OS 11)1R,t FOR TNt1 r1'C15 accepting for his late brother Carl Rentz;Gerald Tinker;Serge Martinez;Paul George; OF THE CrK OF OPA-EOC I' CODE.01 ORDINANCES:PROVIDING FOR THE.REPEAL Pti g rg OF ALE ORDINANCES IN CCINFT.ICI 111'11 WITH; PROVIDING FOR SET ERADIIATY: Layne Jackson;and George Nowicki. PROVIDING Poll INCi.t'Slli\ IN THE CODE:PROVInnr:FOR AN EFFECTIVE DATE: !lira reodirrs','mt,ric heuritg held nn rah 11.2Pi-c). grams that include the arts, mural project that's like a a'S ORDINANCE 01 711E: Ern- CO\OIISSION OF 771E 5771' 01 OPA-1.00Kt, MAYO robotics,filmmaking,cod- giant coloring book spon- FLORIDA;AMENDING CD%P177t ii GARBAGE AND TRASH.ARIICIE.III-PRI%1TE ingandsportsprogramsto soredby The Motivational NONRESIDENTIAL COI.I.FCttivN,NI.CTTO\It-RI-FRANCHISE RIQIIRED:11I.iTilE help children stay focused Edge;and elaborately cos- RIGHTS OF I R%NCIIISI I:AND 1111 CODE OF ORDINANI I A OF T111:CITY OPA I OC'KA. and fit fumed and Carnival-like II ORIRA.TO ALLOW IIII ('I I OF OFA-LOCKS TO ISSUE.MULTIPLE E FRANCHISE matt I VIl.NTS;REPEALING Si,],ORDINANCES 1N CONFLICT HEREWITH PROVIDING trouble,go to miami its difficult to be a stilt walkers. IOK MN 111.58(1.ill':I'ROl!DING(OR AN 1.F'1 CI'IVE DATE/fuss re.dire'la,bl,r he,,5,13 bridge.org/need-help or parent,but you're not Returning will be a pop. „n,iu7,,q_pros;, call 305-635-8953.The alone out there,"said Chil- up planetarium,bounce phone line is open for help dren's Trust President and houses and a rock-climbing 24 hours a day,seven days CEO James Hai in a re- wall,arts and crafts actin- AN ORDINANCE OF THE('ITS'COMMISSION OF TILE CITY OF OPA-LO($A.FLORIDA. a week. lease."There are services 'ties,kid-friendly Zumba AMENDING CHAPTER 2 m∎mims i.iTioN.ARTICLE VI PURCHASING.Si CHON 2-322 and providers throughout classes,fencing and robot- I.ESS OF[HE 1:171'OF OPt-L0t-K V CODE:(/F ORUINANCTS,PRO%MING FOR REPEAL A L OF%AEI FREE FAMILY EXPO this community to help ics demonstration,story- (IRLINANCIS IS COPT LICI 11FAIIVTTH:PROVIDING HIR.'I.11:Rit1ILI11:PROSIIIING Hundreds of service with all aspects of raising book character meet-and- FOR i\(7.t'slol IN 1 HE CODE:I'Rh''TDIM;105 AN 1147,11 M:1t i F.15n,errahnutpiroth' organizations will be avail- children and building greets,and face painters he:,-,na hrld on Augur;-2ttias. able to parents and Stu- stronger families,and this and balloon artists. dents at the annual Family is the place where you'll Raffles will be held Expo,hosted by The Chil- find them." throughout the day and Additional con,,.,(-m on the,]n m_,y;.e.,,brined in the Olike(tithe CM Clerk.7riu i'Ahtr,-.;r, dren's Trust,10 a.m.to 5 New for 2018 are the kids who get there when Street,4"flow,.Odd n,i.Fonds All ere,ttxi pone,'a,e rr,,e,t:red m e,,e00 tut,meeting and will be p.m.Saturday,Sept.8,at University of Miami's Pe- the doors open will receive I'eard'eh respect I,--the pnbI•a hearing. the Miami-Dade County diatric Mobile Clinic, a free backpack from The In accordance 'h the American,with lkisabilitan Act of 1990.persons nxding special saammodstioth Fair&Expo Center.Enter which will administer med- Children's Trust. to paroctpate in the paver-dine shr Id contact the office of the City Clerk at 1305;953.25110 for on Coral Way at Southwest 'cal screenings to ldds;a Sign language interpret- assistance no later rtom.ever.,^:dal,prior to the proceeding.D heanng impaired.yon may telephone 109th and 112th avenues. mobile arcade;a teddy ers will be on site.Food the Ilorida Roles Service at estlet. 3$771!ITV' Oil,:sets.et(Voice i.1077:955-9773lsprmishi Or Admission,parking,and bear clinic sponsored by and beverages will be (577;955.5707:Creole,. all activities and entertain- Jackson Health System available for sale.For more ment are free. "where kids can use ban- information,visit PURS1 ANT TO FS 286014:A wne eihr dervw at appeal any decision made hr an:s hoard - a i The fun-filled family dages and bear hugs to thechildrenstmstorg. or` n nui "- ;d d 1 rr g h. i g d 1 n d t the proceedings',sind t at:kr reason,min need lisensure that n saithatan record rg rht p..ending is made, event was created to con- make their plush charges watch r r a i<.. the tessanon,and a rdrr.e r ' ,rhiefi the ii,apral ma,be b srd nect parents to a wide all better";a living,breath- If you have news for this range of services available ing"statue"of Alice in CO11411111,please send it to it IA NNA FLtiRl;ti,C'SIC' for their children.Parents Wonderland's Queen of Christina Mayo at will be introduced to after- Hearts;a three-piece,in- chrissinammayopgmaii CITY CLERK school enrichment pro- teractive,paint-by-number .cam. http://digital.olive software.com/olive/APA/MiamiHerald/Print.Page.aspx?href=TMH%2 F20... 9/5/2018