HomeMy WebLinkAboutOrdinance 2004-204
ORDINANCE NO. 2004-~tJ
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, PROHIBITING PARKING
OF COMMERCIAL VEHICLES AND VEHICLES DISPLAYING
SIGNAGE IN RESIDENTIAL DISTRICTS; PROVIDING FOR
DEFINITIONS; PROVIDING FOR EXCEPTIONS; PROVIDING
FOR A REPEALER; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, via its Charter, the City has adopted Miami-Dade County Code as its own
code; and
WHEREAS, the County Code is not clear as to the prohibition relating to parking of
commercial vehicles in residential districts; and -
WHEREAS, the City Commission wishes to adopt its own regulations relating to the
parking of commercial vehicles in residential districts;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Definitions. For purposes of this section, the following definitions shall apply
unless the context clearly indicates or requires a different meaning:
A. Commercial vehicles shall mean any truck, bus, trailer, portable equipment, machinery or
similar vehicles or combination thereof, used, or intended to be used, for any commercial
enterprise or business purpose; or which has more than two axles, a height greater than
eight feet, or has an overall length of more than 22 feet, excluding self-propelled roadway
vehicles less than 10,000 pounds net weight.
B. Residential area shall mean any lot, right-of-way, or other land designated as residential
in this chapter, the city zoning map, the land use element of the city's comprehensive
plan, or any other applicable ordinance of the city.
C. Signage shall mean any name, identification, description, display, illustration, or device
which directs attention to a product, place, activity, service, person, event, institution, or
business.
Section 2.
Parking of Commercial Vehicles, Trailers and Heavy Vehicles
A. Commercial vehicles shall not be stopped or parked on any street, driveway, lot, parcel,
or other public or private property in any residential land use district.
Paking OfComm Vehicles & Veh W-Signage Ord
1
B. Commercial trailers shall not be stopped or parked on any street, driveway, lot, parcel, or
other public or private property in any residential land use district.
C. Heavy vehicles shall not be stopped or parked on any street, driveway, lot, parcel, or
other public or private property in any residential land use district.
Section 3. Exemptions. The prohibitions in Section 2, A, B and C are subject to the
following exceptions:
A. A commercial vehicle, commercial trailer, or heavy vehicle may be temporarily stopped
on any street in a residential district as required by traffic signs or regulations.
B. A commercial vehicle, commercial trailer, or heavy vehicle may be parked in a
residential district when engaged in a business activity which requires its presence for a
temporary time and for a specific purpose, such as: lot moving, product delivery,
residential relocation, or construction.
C. A commercial vehicle of less than six thousand (6,000) pounds net weight may be parked
on a lot or parcel whose principal use is residential provided the commercial vehicle is
parked inside a garage. This exception does not apply to a heavy vehicle.
D. A sport truck (SUV) or van belonging to a resident of the location is permitted to park in
residential districts so long as the sport truck or van does not display any signage.
Section 4. Repeal of Conflicting Provisions. All ordinances, or parts of ordinances in
conflict herewith be, and the same, are hereby repealed
Section 5. Severability. If any section, subsection, clause or provision of this Ordinance is
declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not
be affected by such invalidity.
Section 6. Inclusion In The Code. It is the intention of the City Commission, and it is hereby
ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny
Isles Beach Code; that the sections of this Ordinance may be renumbered or re-lettered to
accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other
appropriate word.
Section 7. Effective Date. This Ordinance shall take effect ten (10) days after adoption at
second reading.
Paking OfComm Vehicles & Veh W-Signage Ord
2
PASSED and ADOPTED on First Reading 15th day of April 2004.
PASSED and ADOPTED on Second Reading this ~ay of YY\~ 2004.
_A~A ~
Jan;e A. Hines, ~ity Clerk
APPIIDV-ED AS TO FORM
AND LEGAL SUFFICIENCY
Second by:
('~~ nL~<:"/~~
~~ 1rlAb~
Moved by:
VOTE AS FOLLOWS: 5......0
L0' yes
~yes
(Jd"yes
{~s
yes
Mayor Edelcup
Vice Mayor Goodman
Commissioner Brezin
Commissioner Iglesias
Commissioner Thaler
L->no
L-> no
L-> no
L-> no
L-> no
Paking OfComm Vehicles & Veh W-Signage Ord
3