Sec.
30-61. Definitions.
For the purpose of the article, whenever any of the following
words, terms or definitions are used herein they shall have the
meanings respectively ascribed to them in this section, except
where the context requires otherwise:
Authorized emergency vehicle shall include the following:
(a) All vehicles of the department of transportation of the state,
designated as emergency vehicles by that department.
(b) All police and fire vehicles of any municipality, or of any
county or of the state.
(c) Emergency vehicles of any of the several departments of the
city.
(d) Emergency vehicles of any public service corporation.
(e) All ambulances and rescue vehicles.
Decibel shall mean a unit for measuring the intensity of a sound,
the mathematical formula for which is expressed as the volume
of sound which is equal to ten times the logarithm of the ratio
of the intensity of the sound to the intensity of a specified
standard sound; abbreviated "dB."
Excessive and unusually loud shall mean noise which exceeds the
sound pressure levels which are proscribed below, the measurement
of which is based upon decibels, i.e., 0.0002 microbar, and day
conditions referring to the time between 7:00 a.m. and 10:00 p.m.
and night conditions referring to the time between 10:00 p.m.
and 7:00 a.m. In making all such measurement as well as the method
employed shall be consistent with the regulations of the American
National Standards Institute or its successor bodies:
(a) Within a residential area zoned for RS-3, RS-5, RD-10, RM-16
and RM-25 the following sound pressure levels, as measured herein
below, shall not be exceeded:
Day: 60 dBA.
Night: 55 dBA.
(b) Within all other areas including, B-1, B-2, B-2A, B-3, B-3A
and CF retail or commercial use the following sound pressure levels,
as measured herein below, shall not be exceeded:
Day: 65 dBA.
Night: 60 dBA.
Sound pressure level shall mean, in decibels, 20 times the logarithm
to the base ten of the ratio of the pressure of the sound to the
reference sound pressure. The reference is 0.0002 microbar. The
sound pressure level may be evaluated using FLAT, A, B, or C scales
as defined by the American National Standards Institute, and shall
be labeled dB, dBA, dBB or dBC respectively.
(Ord. No. 727, § 1, 12-22-98)
Sec. 30-62. Creation of excessive noise
unlawful.
It shall be unlawful for any person to cause, suffer, allow, or
permit the operation of any source of sound upon any property
located within the city which emits an excessive and unusuallyloud
noise when the sound pressure level is measured at the property
line or boundary nearest the source, except as provided herein
below.
(Ord. No. 727, § 1, 12-22-98)
Sec. 30-63. Animal noises.
It shall be unlawful to keep or maintain any dog, cat, bird or
other animal which causes a noise disturbance by habitually howling,
barking, meowing, squawking, or other noise making.
(Ord. No. 727, § 1, 12-22-98)
Sec. 30-64. Construction activity and trash
collection.
This section shall not apply to activity governed by section 54-5
of this Code.
(Ord. No. 727, § 1, 12-22-98)
Sec.
54-5. Offensive activities near residences; hours limited.
(a) It shall be unlawful for any person to perform labor or work,
operate or conduct any business or enterprise intended to be for
profit in the city at a location so close to inhabited dwellings,
apartments or hotels, that the noise or odor emitted from the
operation of such business or enterprise shall disturb or be detrimental
to the health, peace or quiet of any occupants thereof, on:
(1) Any Sunday or any of the following enumerated holidays, to
wit: New Year's Day, Presidents' Day, Memorial Day, July 4th,
Labor Day, Thanksgiving Day, Christmas Day; or
(2) On any other day except between the hours of 8:00 a.m. to
6:00 p.m. from December 1 to July 1 of each year, and except between
the hours of 8:00 a.m. to 7:00 p.m. from the July 1 to the December
1 of each year.
(3) The limitations in this section as to days of work and hours
of work shall not apply to any duly licensed and franchised solid
waste and trash collection franchisees. The hours of operation
for such licensed franchisees in a residential district shall
commence at 7:00 a.m. throughout the year and shall terminate
at 6:00 p.m. on December 1 to the July 1 of each year and shall
terminate at 7:00 p.m. from July 2 to November 30 of each year.
In commercial collection areas the hours of operation may commence
at 7:00 a.m. and terminate at 9:00 p.m. on each day. In residential
areas no collection shall be made on Sunday except in a time or
emergency or to maintain schedules disrupted due to holiday conflicts.
(b) In the event any public emergency exists during prohibited
hours, then upon application made to the chief of police and after
an investigation and determination by him that such operation
would be in the public interest, he may issue a permit authorizing
such business to operate for the limited period of time of such
emergency.
(Code 1979, § 12-18)
Sec.
30-65. Lawn maintenance devices.
It shall be unlawful to operate motorized lawn mowers, edgers,
trimmers, shears, blowers and other motorized lawn maintenance
devices between the hours of 8:00 p.m. and 8:00 a.m.
(Ord. No. 727, § 1, 12-22-98)
Sec. 30-67. Alarms.
A burglar or fire alarm of a building, car or boat may be operated
so as to emit an excessive and unusually loud noise for no longer
than 15 continuous minutes.
(Ord. No. 727, § 1, 12-22-98)
ANIMALS
Sec.
10-1. Abandoning.
No person shall desert or abandon any dog, cat or other domestic
animal.
(Code 1979, § 5-3)
Sec. 10-2. Disposing of unwanted pets.
When any person desires to dispose of any pet, he shall communicate
with the police department or humane society. Thereupon the police
department or humane society shall find a home for such pet, if
possible, or, in the case of the police department, see that,
it is turned over to the humane society for disposal.
(Code 1979, § 5-4)
Sec. 10-3. Disposition of dead animals.
No person shall place any dead animal upon his premises or upon
the premises of any other person. No person shall allow any dead
animal to remain upon his premises, or any dead animal belonging
to him to remain upon the premises of another without disposing
of such dead animal or causing such dead animal to be properly
removed or disposed of within 24 hours.
(Code 1979, § 5-5)
Cross references: Solid waste, ch. 74.
Sec. 10-4. Prohibited in food establishments.
Except as otherwise provided by law, no animal or fowl shall be
kept or allowed in any establishment or room in which food or
drinks are prepared, stored or served for human consumption.
(Code 1979, § 5-6)
Cross references: Businesses, ch. 18.
State law references: Rights of physically disabled persons to
be accompanied by certain animals, F.S. § 413.08.
Sec. 10-5. Animals with communicable diseases.
Any animal in the city, which is infected with a communicable
disease, and which is exposed to contact with children or other
animals, shall be confined and isolated or surrendered to the
humane officer.
(Code 1979, § 5-7)
State law references: Animals with contagious diseases, F.S. §
828.16.
Sec. 10-6. Offensive pets.
No dog or other pet shall be allowed to be offensive, infected
with disease or otherwise become a nuisance, danger or threat
to the health and safety of the inhabitants of the city.
(Code 1979, § 5-8)
Sec. 10-7. Keeping other than dogs and
cats in residential districts.
(a) It shall be unlawful for any person to keep, maintain or permit
to be kept, or maintained, in any pen, cage, shed or other building
other than the main residential building, any animal or fowl as
enumerated in subsection (b) of this section, in any district
of the city that may now or hereafter be zoned as a residential
district; however, this prohibition shall not apply to dogs and
cats.
(b) The animals and fowl described in subsection (a) of this section
shall include any animal which, by its nature, is wild, and untamed,
but lives in captivity, or any domesticated animal or fowl, which
term shall include any equine or bovine animal, goat, sheep, swine,
poultry, bird, reptile, rodents, or other domesticated beast,
dogs and cats excepted.
(Code 1979, § 5-9)
Secs. 10-8--10-30. Reserved.
ARTICLE II. DOGS AND CATS*
*State law references: Dangerous dogs, F.S. § 767.10 et seq.
Sec. 10-31. Impounding violations.
(a) Any dog or cat found in violation of this article shall be
subject to being picked up by any police officer, public health
officer, the county animal control or official dog catcher appointed
by the city, and deposited by such official in any place or places
maintained by or arranged for through the city for the retention,
custody or control of such animals.
(b)
The person owning or being responsible for such detained animal
may arrange for its release by:
(1) Proving his ownership or right to possession of such animal;
(2) Paying such charges as may be required by the agency or person
in whose possession or control such detained animal may have been
delivered by the city; and
(3) Paying to the city an impounding fee of $20.00.
(c) The charges imposed under this section are separate and independent
of and from any and all fines that are or may be imposed on any
person and no conviction of a person thereunder shall be required
as a condition precedent to the collection of charges under this
section.
(Code 1979, § 5-21)
Sec. 10-32. Owner's responsibility.
Any person owning or having responsibility for the possession,
custody or control of any dog or cat in the city shall be and
is responsible for the activities of such dog or cat and shall
be presumed to have permitted or consented to any and all acts
of such dog or cat, including acts violative of this chapter.
(Code 1979, § 5-22)
Sec. 10-33. On private property of another.
(a) It is unlawful to permit any dog or cat to enter or be upon
private property in the city belonging to, leased by or in the
rightful possession of any person without the consent of such
property owner, lessee or tenant.
(b) For the purpose of this section, "private property"
shall include any portion of the public right-of-way which adjoins
private property and which is a grassed area maintained by the
owner of the adjoining private property.
(Code 1979, § 5-23)
Sec. 10-34. Running at large on public
property.
(a) It is unlawful to permit any dog or cat to run at large upon
the public streets or sidewalks, parks or recreation areas.
(b) For the purpose of this section, "at large" shall
be defined as not on a leash, the leash not to exceed eight feet
in length and the dog or cat shall be under physical restraint
of the person in possession of such dog or cat.
(Code 1979, § 5-24)
Sec. 10-35. Prohibited in parks, recreation
areas.
Except as otherwise provided by law, it is unlawful to permit
any dog or cat, whether on a leash or at large, to come upon city
parks or recreation areas at any time.
(Code 1979, § 5-25)
State law references: Rights of physically disabled persons to
be accompanied by certain animals, F.S. § 413.08.
Sec. 10-36. Allowing damage or destruction
of property.
It is unlawful to permit any dog or cat to damage, despoil or
destroy any public property, or any private property in the city
belonging to, in the possession or under the custody or control
of any person.
(Code 1979, § 5-26)
Sec. 10-37. Bitches in heat.
It is unlawful to permit any bitch in heat to be out-of-doors
except:
(1) Within adequately-fenced property of the person owning such
bitch in heat or being responsible for her custody and control;
or
(2) On a leash, chain, rope or lead and under the control of some
person.
(Code 1979, § 5-27)
Sec. 10-38. Barking or howling.
It is unlawful to permit any dog or cat in the city which howls,
cries, yells, barks or growls to such an extent as to disturb
the sleep or peace of mind of any inhabitant of the city.
(Code 1979, § 5-28)
Sec. 10-39. Vicious dogs.
(a) It is unlawful to permit or maintain any vicious dog in the
city unless such dog is:
(1) On the property of the person owning or controlling such dog
or responsible for its custody; and
(2) Properly muzzled.
(b) For the purpose of this section, a "vicious dog"
is defined to include without limitation any dog which has previously
bitten or attempted to bite any person.
(Code 1979, § 5-29)
Sec. 10-40. Setting at large.
It is unlawful for any person to open, unlatch, unsnap or otherwise
release any fence, pen, or other enclosure or restraint containing
or restraining any dog or cat in the city, save and except with
the express consent of the owner of such fence, pen or enclosure
or other container or restraint.
(Code 1979, § 5-30)
Sec. 10-41. Report of dog bites.
When any person is bitten by a dog within the city, such person,
or the owner of the dog, shall report such incident to the police
department or the city clerk, or the county health department,
within 24 hours after the incident.
(Code 1979, § 5-31)
GARAGE
SALES
Sec.
70-31. Definitions.
The following words, terms and phrases when used in this article,
shall have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning:
Garage sales means the sale of personal property in, at or upon
any residentially zoned property located in the city. Garage sales
shall include, but not be limited to, all such sales, and shall
include the advertising of the holding of and such sale, or the
offering to make any such sale, whether made under any other name
such as lawn sale, yard sale, front yard sale, back yard sale,
home sale, attic sale, rummage sale, patio sale, flea market sale,
or any similar designation.
Immediate family means husband, wife, children, mother, father,
mother-in-law, father-in-law, or any other person residing on
the residential property.
Garage
sale sign means any sign pertaining to the sale of personal property
in, at or upon any residentially zoned property located in the
city. Garage sales shall include but not be limited to all such
sales, and shall include the advertising of the holding of any
such sale, or the offering to make any sale, whether made under
any other name such as lawn sale, yard sale, front yard sale,
back yard sale, home sale, attic sale, rummage sale, patio sale,
flea market sale or any similar designation.
(Code 1979, § 11-47(a))
Cross references: Definitions generally, § 1-2.
Sec. 70-32. Ownership of property.
No person shall display, sell or offer to sell, at any garage
sale, any personal property other than personal property owned
by the occupant of the premises upon which such garage sale is
conducted and which personal property was acquired for and used
by such occupant or members of his family or in connection with
the premises upon which such garage sale is conducted.
(Code 1979, § 11-47(a))
Sec. 70-33. Use of public right-of-way
prohibited.
No personal property sold, or offered for sale, at any garage
sale shall be placed, kept or displayed on or in any public right-of-way.
(Code 1979, § 11-47(b))
Sec. 70-34. Application and fee.
No person shall conduct a garage sale in the city without first
completing and filing an application with the police department
of the city on a form provided by the police department and thereafter
obtaining from the police department a license to conduct such
garage sale, which license shall be known as a "garage sale
license." The fee for a garage sale license shall be as provided
in Appendix A to this Code.
(Code 1979, § 11-47(c))
Sec. 70-35. Number of licenses per year.
(a) No more than two garage sale licenses shall be issued to any
one person, or member of such person's immediate family, within
any consecutive 12-month period. No such garage sale license shall
be issued for more than two consecutive calendar days.
(b) No garage sale license under this section shall be issued
so that the number of such licenses shall exceed two such licenses
per year for any one location, property, dwelling house or residence.
(c) Each license issued under this section shall be prominently
displayed on the premises upon which the garage sale is conducted
throughout the entire period of the licensed sale.
(Code 1979, § 11-47(d))
Sec. 70-36. Exceptions.
(a) The provisions of this article shall not apply to the sale
of personal property made under court order or court process by
any person acting in accordance with, or pursuant to, any such
court order or process.
(b) The provisions of this article shall not apply to a rummage
sale by any nonprofit charitable organization or religious organization
who conducts such sale upon property owned by such nonprofit charitable
organization or religious organization.
(Code 1979, § 11-47(e))
Summary
of Sections 42.461 - 42.568 pertaining to garage sales
One
(1) non-illuminated, temporary garage sale sign may be posted
within the property line of sale location. In addition, one (1)
off premises sign, indicating the location of the garage sale
may be posted. Neither sign shall exceed three (3) square feet
in size.
Signs
shall have owner’s name on lower right-hand corner with
letters no less than one-half inch in height.
Signs
shall not be placed prior to 8:00 am on the date of the sale and
must be removed prior to 5:30 pm on said date.
Signs
are NOT permitted to be posted on any tree, street sign, traffic
sign, lamp post, telephone pole, hydrant, bridge, or any other
manner within the limits of any street right-of-way. All signs
shall be placed on the property side of the sidewalk. In the event
there is no sidewalk on the property, all signs shall be placed
on the property no closer than ten (10) feet from the edge of
the street. No signs may be placed on city property or on the
city right-of-way.
Licensee
shall be accountable for patron parking, which must be controlled
to permit a free flow of traffic at all times. Violators will
be subject to traffic citations.
PORTABLE
STORAGE UNITS
Sec.
54-50. Definitions.
For the purpose of this section the following definitions shall
apply:
Portable storage unit means any container designed for the storage
of personal property which is typically rented to owners or occupants
of property for their temporary use and which is delivered and
removed by truck.
Site means a piece, parcel, tract, or plot of land occupied or
to be occupied by one or more buildings or uses and their accessory
buildings and accessory uses which is generally considered to
be one unified parcel.
(Ord. No. 2002-0810, § 2, 3-26-2002)
Sec. 54-51. Number, duration and removal.
(a) Portable storage units for on-site storage. There shall be
no more than one portable storage unit per site no larger than
eight feet wide, 16 feet long and eight feet high. No portable
storage unit shall remain at a site in a residential district
in excess of three consecutive days. No portable storage units
for on-site storage are permitted on a site if any portable storage
units for transport as defined in subsection (b) are on the site.
(b) Portable storage units for transport. There may be up to two
portable storage units, no larger than five feet wide, seven feet
long, and eight feet high each, at a site in a residential district
for a period not in excess of three consecutive days when such
units are being used for loading or unloading goods in connection
with the transport of the goods, to or from storage, or, to or
from another residential or nonresidential location. No portable
storage units for transport are permitted on a site if any portable
storage units for on-site storage as defined in subsection (a)
are on the site.
(c) Cumulative time restriction. No portable storage units as
defined in subsections (a) and (b) above shall be placed at any
one site in a residential district in excess of six days in any
calendar year. No portable storage unit as defined in subsections
(a) and (b) above shall remain at a site in a nonresidential district
in excess of 14 consecutive days, and portable storage units as
defined in subsections (a) and (b) above shall not be placed at
any one site in a nonresidential district in excess of 28 days
in any calendar year.
(Ord. No. 2002-0810, § 2, 3-26-2002)
Sec. 54-52. Removal of portable storage
units in the event of a hurricane warning.
Notwithstanding the time limitations set forth in section 54-51,
all portable storage units shall be removed immediately upon the
issuance of a hurricane warning by a recognized government agency.
(Ord. No. 2002-0810, § 2, 3-26-2002)
Sec. 54-53. Signage.
A portable storage unit shall have no signage other than the name,
address and telephone number of the person or firm engaged in
the business of renting or otherwise placing the portable storage
unit.
(Ord. No. 2002-0810, § 2, 3-26-2002)
Sec. 54-54. Maintenance and prohibition
of hazardous materials.
The owner and operator of any site on which a portable storage
unit is placed shall be responsible to ensure that the portable
storage unit is in good condition, free from evidence of deterioration,
weathering, discoloration, rust, ripping, tearing or other holes
or breaks. When not in use, the portable storage unit shall be
kept locked. The owner and operator of any site on which a portable
storage unit is placed shall also be responsible that no hazardous
substances, as defined in section 34-63 of this Code, are stored
or kept within the portable storage unit.
(Ord. No. 2002-0810, § 2, 3-26-2002)
Sec. 54-55. Residential area or district.
In residential areas or districts, portable storage units shall
generally be placed only in a driveway or, if alley access exists
at the rear of the site, in the rear yard. However, if the zoning
administrator determines that there is no driveway available for
placement of a portable storage unit and no alley access at the
rear of the site exists, the zoning administrator shall allow
placement of a portable storage unit in the front yard, or rather
that the placement of such portable storage unit does not obstruct
the free, convenient, and normal use of said public right-of-way.
(Ord. No. 2002-0810, § 2, 3-26-2002)
Sec. 54-56. Nonresidential area or district.
In nonresidential areas or districts, portable storage units shall
generally be placed only in the rear or side portion of a site.
Under no circumstances shall a portable storage unit be placed
in an area fronting a street or road, or in the front parking
lot of a commercial establishment. The placement of portable storage
units in fire lanes, passenger loading zones, commercial loading
zones or public rights-of-way shall be strictly prohibited unless
approved by the zoning administrator.
(Ord. No. 2002-0810, § 2, 3-26-2002)
Sec. 54-57. Permits.
It shall be unlawful for any person to place, or permit the placement
of, one or more portable storage unit(s) on property which he
or she owns, rents, occupies or controls without first having
obtained a permit therefor. Application for a permit shall be
made to the zoning administrator on a form provided by the zoning
administrator. The application shall include the signature of
the property owner or the property owner's agent in order to ensure
that the property owner has full knowledge of, and consents to,
placement of the portable storage unit on his or her property
and the provisions of this article. A permit fee in an amount
to be established by resolution of the city commission shall accompany
the application. The issuance of a permit shall allow the applicant
to place portable storage units on the property in conformance
with the requirements of this chapter. The permit shall be posted
in plain view at the site.
(Ord. No. 2002-0810, § 2, 3-26-2002)
PARKING
Sec.
82-61. Notice and schedule of fines for illegally parked vehicles
and disposition of parking fines.
(a) Whenever any motor vehicle is found parked, stopped, or standing,
in violation of any of the restrictions imposed by ordinance of
the municipality, the officer finding such vehicle shall take
its license tag number, and may take any other information displayed
on the vehicle which may identify its user, and shall conspicuously
affix to such a vehicle a parking citation.
(b) The owner or operator of a motor vehicle receiving a notice
as provided for in the preceding subsection shall pay to the city
as a penalty for and in satisfaction of such violation the following
sums set forth below:
(1) Fire lane violation . . . $ 50.00
(2) Commercial vehicle parking violation:
a. First offense . . . 25.00
b. Second offense . . . 50.00
c. Third offense . . . 100.00
d. Each subsequent offense . . . 100.00
(3) All other parking violations . . . 10.00
(c) All fines collected under the provisions of this chapter shall
be paid into the city and deposited in the general fund.
(Code 1979, § 19-7(a), (b), (e))
Sec. 82-62. Parking trucks and commercial
vehicles overnight in residential districts.
(a) Application of section. The regulations of this section shall
apply in all residential districts.
(b) Definitions. The following words, terms and phrases when used
in this section, shall have the meanings ascribed to them in this
subsection, except where the context clearly indicates a different
meaning:
Agricultural, construction or industrial equipment means any motor
vehicle, trailer or implement used in agriculture, construction
or industry, and only incidentally operated or moved over public
highways. The term includes, but is not necessarily limited to,
farm tractors and implements, bulldozers, cranes, excavators,
forklifts, motor graders, road rollers, tow trucks, mixers, earth
movers, compressors, generators and lot clearing equipment.
Commercial lettering means letters, numbers, symbols or combinations
thereof which advertise a trade, business, industry or other activity
for profit, or a product, commodity or service. The term shall
not include bumper stickers or the decal or plate commonly applied
to a motor vehicle by a motor vehicle dealer.
Commercial vehicle means any agricultural, construction or industrial
equipment, or any step van, truck or truck tractor. The term shall
include any motor vehicle upon which commercial lettering has
been affixed. The term "commercial vehicle" shall also
include, but shall not necessarily be limited to any motor vehicle
with tools, building materials or merchandise carried upon or
therein, or any vehicle, including a pickup truck or light van,
used for or actually carrying any trash or waste materials.
Light van means any motor vehicle having a generally rectangular
bulk, used primarily for the transportation of persons, which
is licensed and registered for operation upon public highways
and which has a carrying capacity of one ton or less.
Owner means any person, association or corporation to which a
motor vehicle or trailer is registered according to the certificate
of title for the motor vehicle or trailer, and shall include,
if the motor vehicle or trailer is under lease, rental agreement
or on loan under any type of arrangement, gratuitous or otherwise,
the person, association or corporation having possession or control
of the vehicle. When used herein in relation to privately owned
real property in a residential district, the term shall mean the
owner of the property according to the latest ad valorem tax records
of the county, and shall include, if the privately owned real
property is under lease, rental, agreement for deed or similar
land contract, the person, association or corporation in possession
and control of the property.
Pickup truck means any motor vehicle used primarily for the transportation
of persons, which may have a permanently attached open bed with
a carrying capacity of one ton or less.
Residential district means any zoning district established for
residential use.
Step van means any motor vehicle having a generally rectangular
bulk, designed and manufactured primarily as a commercial delivery
or service truck and characterized by having sufficient headroom
for an adult six feet in height to stand upright.
Tool means any implement or device used in the performance of
one's employment or trade, to include, but not limited to, ladders,
painting supplies, compressors, tool chests, plumbing equipment,
pool cleaning equipment and supplies, lawn mowers, edgers, wheelbarrows
or other lawn maintenance equipment.
Trash means both combustible and noncombustible trash such as
tree limbs, tree trimmings, palm fronds, lawn and shrubbery trimmings
or clippings and other debris connected with the maintenance of
a lawn or yard.
Truck means any motor vehicle which is primarily designed for
the transportation of property or any vehicle with a carrying
capacity of one ton or more and shall include a pickup truck,
whose open bed has been altered in any way to carry tools, equipment
or merchandise or actually carries such items, or a light van,
whose interior has been designed or altered to carry tools, merchandise
or equipment, or actually carries such items.
Waste materials means any junk, scrap metal, scrap lumber, wastepaper
products, discarded building materials, vehicle parts, machinery
or machinery parts.
(c) Prohibitions. It shall be unlawful for the owner, or operator
of a commercial vehicle, or the owner of real property, to park,
store, keep or allow a commercial vehicle to be parked, stored
or kept, upon any real property in any residential district in
the city between the hours of 9:00 p.m. and 6:00 a.m. of the following
day, except as may otherwise be provided in this section.
(d) Permitted parking. Notwithstanding the prohibitions in subsection
(c) of this section, there may be parked in any residential district
on an improved lot, one or more of the following motor vehicles:
(1) Light van, pickup truck, automobile or similar type of motor
vehicle.
(2) Any commercial vehicle when parked in a garage or carport
providing such vehicle is not visible from the street or from
the abutting property.
(e) Exemptions. Exempt from the provisions of this section are
commercial vehicles or trailers in actual use or moving directly
to or from the location of actual use which are owned or leased
by:
(1) The city or other governmental agency for the accomplishment
of a governmental purpose.
(2) A contractor or subcontractor under agreement with the city
to accomplish a municipal purpose.
(3) A public utility operating within the city, or a contractor
or subcontractor under agreement with such public utility, for
the installation, maintenance, adjustment or repair of or to a
public utility facility.
(Code 1979, § 19-3)
Sec. 82-63. No parking in fire lanes.
(a) Whenever the owner of any property which is developed as a
shopping center within the city shall request the city, in writing,
that a 25-foot area adjacent to the shopping center buildings
and/or pedestrian walkway, which area is measured perpendicular
to such buildings or pedestrian walkways, and constitutes the
portion of the quasi-public vehicular traffic area adjacent thereto
should be posted "no parking, fire lane," then the written
request shall be turned over to the chief of police of the city.
The chief of police shall elicit the evaluations of the public
safety director and the chief of the fire department to aid in
reaching a decision as to whether such area warrants such restrictive
posting as requested. At such time as the chief of police, after
considering the input from the public safety director and the
fire chief, approves the posting of such 25-foot area as requested
by the owner, then the police department of the city or the public
works department of the city shall be authorized to post signs
on such areas, signifying that such 25-foot vehicular area is
a fire lane and no parking shall be permitted. The cost of the
signs, the installation, replacement and maintenance thereof,
shall be borne by and be an expense of the owner of the property,
who has requested the posting pursuant to this section.
(b) After the posting of the signs signifying no parking in fire
lanes, the public shall be prohibited from parking any vehicles
within such 25-foot fire lane.
(c) The police department of the city shall be authorized to issue
a parking citation to any person who violates the provisions of
this section.
(Code 1979, § 19-4)
Sec. 82-64. Parking in direction of traffic
movement required, generally.
Except when otherwise provided in this Code, every vehicle parked
on any street or public right-of-way shall be parked in the direction
of the authorized traffic movement.
(Code 1979, § 19-4.1)
Sec. 82-65. Parking for certain purposes
prohibited; presumption.
(a) No person shall park a vehicle upon any street or public right-of-way
for the purpose of:
(1) Displaying such vehicle for sale.
(2) Washing, greasing or repairing such vehicle except when such
repairs are necessitated by emergency.
(3) Displaying advertising.
(4) Selling merchandise from such vehicle except in a duly authorized
marketplace or when so authorized or licensed under other provisions
of this Code.
(5) Storage, such as junkage or dead storage, for more than 24
hours.
(b) It shall be prima facie evidence that a vehicle is parked
for the purpose of dead storage when such vehicle is parked upon
any street or public right-of-way for more than 24 consecutive
hours.
(Code 1979, § 19-4.2)
Sec. 82-66. Obstruction of bicycle paths
and sidewalks prohibited.
No person shall park any vehicle upon a bicycle path or sidewalk
or park such vehicle in such a manner so as to obstruct any portion
of a bicycle path or sidewalk.
(Code 1979, § 19-4.3)
Sec. 82-67. No parking of trucks, commercial
vehicles or recreational vehicles overnight in public right-of-way.
It shall be unlawful to park a truck, a vehicle with commercial
lettering on the sides describing such vehicle as a business vehicle,
or a recreational vehicle as defined in section 54-31 of this
Code in the public right-of-way any where within the city limits
between the hours of 9:00 p.m. and 6:00 a.m. on the following
day.
(Code 1979, § 19-13(a))
TRAILERS
AND RECREATIONAL VEHICLES
Sec.
54-31. Conditions for parking or storage on residential property.
The following regulations shall apply to all residential districts:
(1) Definitions. For the purpose of this section the following
definitions shall apply:
Boat means any watercraft, including barges and air boats, designed,
used, or capable of being used as a means of transportation on
water.
Bus means any motor vehicle, other than taxicabs, primarily designed
or used for the transportation of persons for compensation whether
the bus is presently being used for compensation or not, or is
presently being used for private personal use.
Camper means any separate structure designed or used for human
habitation, which can be attached to or detached from a pickup
truck, and which has sufficient head room for an adult six feet
in height to stand upright. A pickup truck with a cap shall not
be construed as a camper.
Cap means any separate structure which can be attached to or detached
from a pickup truck, and which does not have sufficient head room
for an adult six feet in height to stand upright.
Chassis camper means any motor vehicle with a cab and a habitable
structure permanently attached to the motor vehicle chassis.
Construction trailer means a vehicle without motive power designed
to assist in the construction of privately owned property.
Habitable means containing facilities for sleeping or equipment
for food preparation or plumbing facilities.
Jeep means any motor vehicle not otherwise defined herein which
is designed such that all wheels can be powered, and which is
currently licensed and registered for operation upon public highways.
Light van means any self-propelled motor vehicle having a generally
rectangular bulk which is licensed and registered for operation
upon the public highways and which body dimensions do not exceed
in size any one or more of the following dimensions: Height: 95
inches (as measured from street level,); width: 84 inches; length:
228 inches.
Measurement of adult six feet in height standing upright means
a measurement from the natural floor elevation of the recreational
vehicle, as delivered from the original vehicle manufacturer,
to the ceiling top of the recreational vehicle, not including
any removable floors or ceiling tops that may be placed in such
recreational vehicle.
Motor home means any motor vehicle to which a habitable structure
has been permanently attached to a motor vehicle chassis.
Owner means any person, association or corporation to which a
motor vehicle or
trailer is registered according to the certificate of title for
the motor vehicle or trailer, and shall include, if the motor
vehicle or trailer is under lease, rental agreement, or on loan
under any type of arrangement, gratuitous or otherwise, the person,
association or corporation having possession or control of the
vehicle. When used herein in relation to privately owned real
property in a residential district, the term shall mean the owner
of the property according to the latest ad valorem tax records
of the county, and shall include, if the privately owned real
property is under lease, rental, agreement for deed or similar
land contract, the person, association or corporation in possession
and control of the property.
Recreational vehicle means any bus, camper, pickup truck with
a camper mounted, chassis camper, motor home, or swamp-buggy,
or any similar motor vehicle or trailer designed primarily for
recreational use.
Residential district means any residentially zoned property.
Screening means a visual barrier permanently affixed to the ground
consisting of dense vegetation or other permitted structure, all
of which is constructed in accordance with the city building code
and which does not exceed the height limitations as established
in this Code.
Street means any street, avenue, road, paved alley or other public
thoroughfare, however designated, and shall include all of the
right-of-way therefor regardless of the location of the pavement.
For the purpose of determining whether a street is within a residential
district in the city, "street" shall include the half
of the right-of-way between the center line and the boundary line
which is the residential property line, to the extent that the
right-of-way adjoins a residential district.
Swale means that area of a public street between the pavement
and the limiting property line of the right-of-way.
Swamp-buggy means any motor vehicle designed primarily for operation
on land other than improved roads.
Trailer means any vehicle without motive power designed for carrying
persons or property on its own structure and to be drawn by a
motor vehicle regardless of hitch type. This definition does not
include construction trailers.
(2) Certain motor vehicles or trailers prohibited in residential
districts.
a. It shall be unlawful for any owner, agent, operator, or person
in charge of a recreational vehicle, boat or trailer, to park,
store or keep such recreational vehicle, boat or trailer on the
pavement or in the swale of any public street within any residential
district in the city.
b. It shall be unlawful for any owner of privately owned real
property in any residential district in the city and/or the person
in possession of such privately owned real property in any residential
district in the city, to park on, cause to be parked on, or allow
to be parked on such property any recreational vehicle, boat or
trailer except as otherwise provided in this section.
(3) Certain
vehicles, emergency repairs and temporary parking. The prohibitions
of subsection (2) of this section shall not apply to:
a. The temporary parking of any trailer on privately owned real
property or in the adjoining swale of any public street within
a residential district where construction for which a current
and valid permit has been issued by the city is underway on the
property and the permit therefor is properly displayed on the
premises; provided that all construction trailers temporarily
parked in RS-3, RS-5, and RD-10 zoning districts shall be used
exclusively for storage purposes and inspection of on-site building
plans, and the material stored shall be for use exclusively on
the site. Construction trailers can be no larger than 20 feet
by eight feet and cannot be used to provide additional signage
on the property. Construction trailers must be immediately removed
from the property upon the successful completion of the framing
inspection as defined by the Florida Building Code, and Broward
County Administrative Provisions, as may be amended from time
to time. Construction trailers must also be removed from the property
upon the official announcement that the city is under a hurricane
warning. Nothing in this section is intended to require a permit
where [none] is otherwise required. Nothing in this subsection
is intended to require a permit where none is otherwise required.
b. The emergency parking of a disabled recreational vehicle, boat,
or trailer. However, any such recreational vehicle, boat, or trailer
shall be removed from the residential district within 24 hours
by wrecker towing or other available means regardless of the nature
of the emergency.
c. The active loading and unloading of a recreational vehicle
or trailer, or a boat, preparatory for or following an off-premises
trip, but in no case shall the loading and unloading period exceed
48 hours in a seven-day period, with the requirements that the
48-hour loading and unloading period shall consist of two 24-hour
periods with an intervening 24-hour period when such recreational
vehicle, trailer or boat is away from the premises. Irrespective
of any of the provisions contained in this subsection, no recreational
vehicle, trailer or boat shall be permitted to be parked on any
public right-of-way whether for active loading or unloading, or
for any other purposes, between the hours of 9:00 p.m. and 6:00
a.m.
d. Boats which are docked in a canal, or landed from a canal by
a permanent hoist mechanism.
(4) Permissive parking. Notwithstanding the prohibitions in subsection
(2) of this section, there may be parked in any residential district,
on a plot improved with a permitted structure, any combination
of the following motor vehicles or trailers:
a. Any light van, jeep or automobile.
b. Any recreational vehicle, boat or trailer, provided that:
1. Such recreational vehicle, boat or trailer is parked in a fully
enclosed garage that has a door, but such door must be closed
at all times other than such time as is necessary to remove or
park any vehicle, boat or trailer in such garage so that substantially
at all times the vehicle, boat or trailer parked in such garage
shall be fully screened from view from any adjacent property or
any portion of the street adjacent to the subject property.
2. No part of such recreational vehicle, boat or trailer when
parked in a garage may project beyond the door which closes the
garage opening.
3. When any recreational vehicle, boat or trailer is parked in
a carport, such recreational vehicle, boat or trailer must be
fully and completely screened from view from the adjacent property
and the street adjacent to the subject property.
c. Any recreational vehicle, boat or trailer, provided that the
recreational vehicle, boat or trailer is parked on the plot in
the minimum rear yard, or in the side yard to the rear of the
extension of the front roof line, and such recreational vehicle,
boat or trailer is fully screened from off premises view by a
fence, wall or hedge which is permanently affixed to the ground
in compliance with the building code of the city and which fence,
wall or hedge, in all respects, complies with all provisions of
this Code. There shall be a required minimum three feet of separation
between any building and the recreational vehicle, boat or trailer.
For this purpose the roof overhang shall not be deemed part of
the "building."
(5) Exemptions. Exempt from the provisions of this section are
trailers in actual use or moving directly to or from the location
of actual use which are owned or leased by:
a. The city for the accomplishment of a municipal purpose.
b. A contractor or subcontractor under agreement with the city
to accomplish a municipal purpose.
c. A public utility operating within the city, or a contractor
or subcontractor under agreement with such public utility, for
the installation, maintenance, adjustment, or repair of or to
a public utility facility.
(6) Handicapped persons' motor vehicles. The city may issue to
any person with a disability within the meaning of F.S. §
316.1953 a permit to park a light van with a permanently raised
roof in a residential district without restriction, but such permit
shall be issued for a time certain subject to renewal if the confinement
to a wheelchair is not permanent.
(Code 1979, § 12-92; Ord. No. 772, § 2, 1-23-2001; Ord.
No. 2002-0812, § 15, 6-11-2002)
Sec. 54-32. Maintenance; tag, inspection
sticker required.
All house cars, trailers, campers, camper vans, or similar vehicles,
boats or boat trailers, or any trailer or recreational vehicle,
while situated upon any lot, piece or parcel of land in the city,
shall be kept in good working order and appearance and shall bear
current vehicle license tags and inspection stickers as required
by state law.
(Code 1979, § 12-93)
Sec. 54-33. Living in prohibited.
It shall be unlawful for anyone to live in any house car, trailer,
camper, camper van or similar vehicles, boats, or boat trailers,
or any trailer or recreational vehicle, while such house car,
trailer, camper, camper van or similar vehicles, boats, or boat
trailers, or any trailer or recreational vehicle is situated upon
any lot, piece or parcel of land in the city.
(Code 1979, § 12-94)
Sec. 54-34. Connecting to utilities.
It shall be unlawful for any bus, camper, cap, chassis camper,
motor home, trailer, or recreational vehicle to be connected to
any utilities of the city, except when such vehicles are preparing
to embark or depart, or except where such vehicles are situated
within a regularly licensed trailer park.
(Code 1979, § 12-95)
CONSTRUCTION
Sec.
54-5. Offensive activities near residences; hours limited.
(a) It shall be unlawful for any person to perform labor or work,
operate or conduct any business or enterprise intended to be for
profit in the city at a location so close to inhabited dwellings,
apartments or hotels, that the noise or odor emitted from the
operation of such business or enterprise shall disturb or be detrimental
to the health, peace or quiet of any occupants thereof, on:
(1) Any Sunday or any of the following enumerated holidays, to
wit: New Year's Day, Presidents' Day, Memorial Day, July 4th,
Labor Day, Thanksgiving Day, Christmas Day; or
(2) On any other day except between the hours of 8:00 a.m. to
6:00 p.m. from December 1 to July 1 of each year, and except between
the hours of 8:00 a.m. to 7:00 p.m. from the July 1 to the December
1 of each year.
(3) The limitations in this section as to days of work and hours
of work shall not apply to any duly licensed and franchised solid
waste and trash collection franchisees. The hours of operation
for such licensed franchisees in a residential district shall
commence at 7:00 a.m. throughout the year and shall terminate
at 6:00 p.m. on December 1 to the July 1 of each year and shall
terminate at 7:00 p.m. from July 2 to November 30 of each year.
In commercial collection areas the hours of operation may commence
at 7:00 a.m. and terminate at 9:00 p.m. on each day. In residential
areas no collection shall be made on Sunday except in a time or
emergency or to maintain schedules disrupted due to holiday conflicts.
(b) In the event any public emergency exists during prohibited
hours, then upon application made to the chief of police and after
an investigation and determination by him that such operation
would be in the public interest, he may issue a permit authorizing
such business to operate for the limited period of time of such
emergency.
(Code 1979, § 12-18)
