19-017331
ORDINANCE NO. 19-_g'k `j
AN ORDINANCE OF THE CITY OF BOYNTON BEACH FLORIDA
AMENDING CHAPTER 14, MOTOR VEHICLES AND TRAFFIC,
SECTION 14.3, TRUCK PARKING REGULATED; ADDING
DEFINITIONS, PROVIDING FOR PENALTIES; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission finds that the parking of trucks designed or used
primarily for commercial hauling or transportation and truck trailers in or immediately adjacent
to residential neighborhoods creates visual blight; and
WHEREAS, it is the desire of the City Commission to promote harmonious and
healthful development including adequate provisions for traffic, the promotion of safety and
the promotion of good civic design and appearance.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a part of this Ordinance.
Section 2. Section 14.3 of Chapter 14 of the Code of Ordinances is hereby deleted in
its entirety and replaced as follows:
Sec. 14-3. Truck parkin ; regulated.
1. The intent of this Section is to limit and prohibit the parking in residential areas of
the City of trucks or other vehicles that are primary designed for commercial use
and not primarily designed as passenger vehicles and:
a. to eliminate the visual blight created by large commercial vehicles
being parked in residential areas over -night (from dusk to dawn) or for long
periods of time.
b. to minimize physical damage to publicly maintained rights of way.
C. to protect property values and character of property within residential
areas.
d. to reduce traffic conizestion.
e. to protect children from traffic iniuries.
2. It is hereby declared unlawful for any individual to park, cause to be parked or allow
to be parked any of the following vehicles for a longer period than fifteen (15)
minutes or to allow the vehicle motor or any accessory refrigeration or cooling
motor running in any area of the city zoned for single- or two—family residential
SACA\Ordinances\Truck Parking (2nd Read) MR Edits. Docx
use as defined on the City's Official Zoning Map or along any street that fronts such
residential area without regard to the zoning classification:
a. Any truck, truck cab, truck trailer, farm, or construction vehicle or heavy
equipment, semi -tractor, bus, dump truck, or wrecker/tow truck;
b. Any motor vehicle with more than two (2) axels excluding a recreational
vehicle,
c. Any motor vehicle having a Gross Vehicle Weight Rating (GVWRgreater
than 16,000 pounds excluding a recreational vehicle; and
d. Any truck with a gross vehicle weight rating_(GVWR) between 14,000 lbs.
and 16,001 lbs. that has been designed or modified
bed to for commercial moving, shipping, or trucking purposes
(i.e. "box" truck. "flat
utility pur-pow).
3. Exceptions to the above standards, excluding the running of motors, are limited to
the following:
a. When in connection with the actual loading or unloading of such vehicle,
delivering of goods or services, and/or construction activity pursuant to
permitted improvements to the property; and
b. Recreational vehicles, which are regulated separately from this section
of the Code of Ordinances.
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4c. The term "truck" does not include pick-up trucks that would otherwise
comply with the restrictions within Subsections 2.b, 2.c, and 2.d above.
4. A violation of this Section of the Code constitutes a Municipal Ordinance Violation
and is subject to penalties as set forth in Section 1-6 of the Code of Ordinances. The
city may prosecute violations by issuance of notices to appear for violation of a City
Ordinance in which case, the penalty for a violation shall be as follows:
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a. First violation - $100.00
b. Second violation - $200.00
c. Third or more violations - $500.00 per violation
Each calendar day on which a violation exists shall constitute a separate
violation for the purpose of determining the fine.
Section 3. Codification. It is the intention of the City Commission of the City of
Boynton Beach, that the provisions of this Ordinance shall become and made a part of the Code of
Ordinances of the City of Boynton Beach, Florida, and that the Sections of this Ordinance may be
renumbered, re -lettered and the word "Ordinance" may be changed to "Section," "Article" or other
word or phrase in order to accomplish such intention.
Section 4. Conflicts. All Ordinances or parts of Ordinances, Resolutions or parts
thereof in conflict herewith, be and the same are hereby repealed to the extent of such conflict.
Section 5. Severability. Should any section, provision, paragraph, sentence, clause of
word of this Ordinance or portion hereof be held or declared by any court of competent jurisdiction
to be unconstitutional or invalid, in part or application, it shall be considered as eliminated and shall
not affect the validity of the remaining portions or applications of this Ordinance.
Section 6. Lffective Date. This Ordinance shall become effective on upon adoption
but enforcement shall be delayed until after September 1, 2019 to afford the City Administration
time to provide notice to the public of these regulations.
FIRST READING this _q_ day of M414 , 2019.
SECOND, FINAL READING AND PASSAGE this day of, 2019.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Steven B. Grant 1✓
Vice Mayor — Justin Katz L/
Commissioner — Mack McCray —A/—
Commissioner — Christina L. Romelus ✓
Commissioner — Ty Penserga
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1920
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VOTE 5-0
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dith A. Pyle, CMC
City Clerk
(Corporate Seal)
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