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ORDINANCE NO. 98-0-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEW ATER, FLORIDA; AMENDING AND RESTATING ARTICLE II
(TRUCK ROUTES) OF THE CODE OF ORDINANCES, CITY OF
EDGEW ATER, FLORIDA, AND AMENDING SECTION 17-4 (SHORT
TITLE), SECTION 17-7 (DESIGNATED STREETS FOR TRUCK USE),
SECTION 17-8 (TRUCK ROUTES ESTABLISHED) AND SECTION 17-10
(SPEED LIMITS); REPEALING ORDINANCES NO. 79-0-22,81-0-14 AND
81-0-28; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY
AND APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has determined that it is
in the best interests of the citizens of Edgewater to modify the existing truck routes to provide for
a better flow of traffic.
WHEREAS, the existing truck routes have not been modified or restated since 1981.
WHEREAS, it has come to the attention of the City that there are several areas zoned for
business and/or industry that might be adversely impacted by enforcement of the current truck route
ordinance.
WHEREAS, this modification will enact truck routes for areas that are currently zoned for
business and/or industry while directing the majority of heavy traffic away from the residential areas.
NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edgewater, Florida:
PART A.
RESTATE AND AMEND SECTION 17-4 (SHORT TITLE) OF
ARTICLE II (TRUCK ROUTES) OF CHAPTER 17 (TRAFFIC), OF
THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER,
FLORIDA.
Section 17-4 is amended to read as follows:
Strllc-k throllgh passages are deleted.
Underlined passages are added.
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Sec. 17-4.
Short title.
This article may be cited as the Edgewater Truck Route Ordinance of 1 9R 1 .
PART B.
RESTATE SECTION 17-5 (DEFINITIONS) OF ARTICLE II (TRUCK
ROUTES) OF CHAPTER 17 (TRAFFIC), OF THE CODE OF
ORDINANCES OF THE CITY OF EDGEW ATER, FLORIDA.
Section 17-5 is amended to read as follows:
For the purposes of this article the following terms, phrases, words, and their derivations
shall have the meaning given herein. When not inconsistent with the context, words used in the
present tense include the future, words in the plural number include the singular number, and words
in the singular number include the plural number. The word "shall" is always mandatory and not
merely directory.
City is the City of Edgewater, Florida.
Deviating truck is a truck which leaves and departs from a truck route while traveling inside
the City.
Person is any person, firm, partnership, association, corporation, company or organization
of any kind.
Truck is any vehicle designed or operated for the transportation of property, and whose body
weight or whose comhined hody and rated load weight exceeds two thousand (2,000) pounds (one
ton); provided however, that the term "truck" as used herein shall not refer to a pickup truck or a van,
or panel truck.
Truck route is a way over certain streets, as designated herein, over and along which trucks
coming into and going out of the city must operate.
PART C.
RESTATE SECTION 17-6 (APPLICATION OF REGULATION) OF
ARTICLE II (TRUCK ROUTES) OF CHAPTER 17 (TRAFFIC), OF
THE CODE OF ORDINANCES OF THE CITY OF EDGEW ATER,
FLORIDA.
Section 17-6 is amended and restated to read as follows:
All trucks within the city shall be operated only over and along the truck routes herein
Strll~k thTOlIen passages are deleted.
1 Jnderlined passages are added.
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established and on the other designated streets over which truck travel is permitted.
Exceptions. This article shall not prohibit:
(a) Operation on street of destination The operation of trucks upon any street where
necessary to the conduct of business at a destination point, provided streets upon
which such traffic is permitted are used until reaching the intersection nearest the
destination point.
(b) Emergency vehicles. The operation of emergency vehicles upon any street in the
~
(c.) Public utilities. The operation of trucks owned or operated by the state, county, city,
public utilities, any contractor or material man, while engaged in the repair,
maintenance or construction of streets, street improvements, or street utilities within
the city, or other public business.
(.d) Detoured truck<; The operation of trucks upon any officially established detour in
any case where such truck could lawfully be operated upon the street for which such
detour is established.
W Public transportation Which will include school busses, Volusia Transit System
("V otran"), church busses, and medical transport.
PART D.
AMEND SECTION 17-7 (DESIGNATED STREETS FOR TRUCK
USE) OF ARTICLE II (TRUCK ROUTES) OF CHAPTER 17
(TRAFFIC), OF THE CODE OF ORDINANCES OF THE CITY OF
EDGEW ATER, FLORIDA.
Section 17-7 is amended and restated to read as follows:
Sec. 17-7.
Designated streets for truck use.
The following streets, and no others shall be used for truck traffic:
U. S Highway 1
West Park Avenue
Indian River Boulevard (S R. 442) - west ofU S. Highway 1
Mango Tree Drive south - between West Park Avenue and 16th Street
16th Street east/west - to Hibiscus Drive
Hibiscus Drive between 16th Street south and Roberts Road
26th Street east/west - between Hibiscus Drive and Silver Palm Drive
Stmck through passages are deleted.
Underlined passages are added.
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Guava Drive south - hetween Indian River Boulevard (S R. 442) and 28th Street
Fern Palm Drive north - to 16th Street
16th Street - to Industrial Street
Industrial Street - to Marion A venue
Marion A venue - to 1 J S. Highway 1
Roberts Road
30th Street
Old County Road south - between West Park Avenue and Ocean Avenue
The following streets, and no others shall be used for tmck traffic' 1 J S Highway 1, Park
Avenue, west of TJ S Highway 1, Indian River Boulevard (S R 442) west of TJ S Highway 1;
Mango Tree Drive south from Park Avenue to 15th Street, and Roherts Road It shall be unlawful
for a truck to deviate from said designated streets except as provided herein.
PART E.
AMEND SECTION 17-8 (TRUCK ROUTES ESTABLISHED) OF
ARTICLE II (TRUCK ROUTES) OF CHAPTER 17 (TRAFFIC), OF
THE CODE OF ORDINANCES OF THE CITY OF EDGEW ATER,
FLORIDA.
Section 17-8 is amended and restated to read as follows:
Sec. 17-8.
Truck routes established.
There is hereby established within the city the following "truck routes":
Outside origin: outside destination. All trucks entering the city for destination points outside
the city shall operate only over the following designated routes:
(a). Northhound-southhound. All trucks shall use U.S. Highway 1.
(b) Easthound-westhound. Trucks shall use West Park Avenue, and Indian River
Boulevard (S.R. 442), fmm between the westerly city limits to and U.S. Highway 1,
and or 30th Street and Roberts Road fmm between the easterly city limits to and the
westerly city limit.
Strllck throlleJ1 passages are deleted.
Underlined passages are added.
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PART F.
RESTATE SECTION 17-9 (TRUCK TRAFFIC IN THE CITY) OF
ARTICLE II (TRUCK ROUTES) OF CHAPTER 17 (TRAFFIC), OF
THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER,
FLORIDA.
Section 17-9 is restated as follows:
Sec. 17-9.
Truck traffic in the city.
(a) Outside origin.
(l) One inside destination point. All trucks entering the city for a destination point in
the city shall proceed only over an estahlished truck route and shall deviate only at
the intersection with the deviating street, upon which such traffic is permitted, nearest
to the destination point, a deviating truck shall return to the truck route hy the
shortest permissihle route.
(2) Multiple inside destination points. All trucks entering the city for multiple
destination points shall proceed only over estahlished truck routes and shall deviate
only at the intersection with the deviating street, upon which such traffic is permitted,
nearest to the first destination point. Upon leaving the first destination point a
deviating truck shall proceed to other destination points hy the shortest direction and
only over streets upon which such traffic is permitted Upon leaving the last
destination point a deviating truck shall return to the truck route hy the shortest
permissible route.
(b) Inside origin
(l) Outside destination point All trucks, on a trip originating in the city, and traveling
in the city for a destination point outside the city shall proceed by the shortest
Strllck thrnlleJ1 passages are deleted.
Underlined passages are added.
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direction over streets on which such traffic is permitted to a truck route as herein
establlshed.
(2) Inside destination points. All trucks, on a trip originating in the city, and travehng
in the city for destination points in the city shall proceed only over streets upon
which such traffic is permitted.
PART G.
AMEND AND RESTATE SECTION 17-10 (SPEED LIMITS) OF
ARTICLE II (TRUCK ROUTES) OF CHAPTER 17 (TRAFFIC), OF
THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER,
FLORIDA.
Section 17-10 is amended and restated to read as follows:
Sec. 17-10. Speed limits.
.(a) The speed limit along streets designated as a truck route which are under the
jurisdiction of the city shall be thirty (30) miles per hour, unless otherwise posted;
provided however, that this shall not apply to 1 J.S. Highway 1.
(h) The speed limit along that part of the tmck route estahlished hy Ordinance No 79-
0-22 heing 16th Street hetween Maneo Tree Drive and Hihiscus Drive shall he
twenty-five (2~) miles per hOllT
PARTH.
AMEND AND RESTATE SECTION 17-11 (ENFORCEMENT) OF
ARTICLE II (TRUCK ROUTES) OF CHAPTER 17 (TRAFFIC), OF
THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER,
FLORIDA.
Section 17-11 is amended and restated to read as follows:
Sec.17-11. Enforcement.
(.a) Clerk maintains maps The city clerk shall keep and maintain accurate maps setting
Struck throngh passages are deleted.
Underlined passages are added.
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out truck routes and streets upon which truck traffic is permitted; the maps shall be
kept on file in the office of the city clerk and shall be available to the pubIlc.
(h) rhipf nfpnlire Director ofpark<; and recreation/maintenance maintains signs. The
chlef ofpol1ce director of parks and recreation/maintenance of the city shall cause all
truck routes and those streets upon which truck traffic is prohlhlted permitted to be
clearly sign-posted to give notice that this article is in effect.
F::Il111Te to post No person sh::lll he ch::lrged wlth vlol::Jtlng the provlslons of the
::Irtlcle hy re::lson of oper::Jtlng ::I tmck upon ::I street whereln tmck tr::lvells prohlhlted
unless ::Ippropr1::1te slgns ::Ire posted on such street
(c.) Weigh-in The chief of police or his designee shall have the authority to require any
person driving or in control of any commercial vehicle not proceeding over a truck
route or street over which truck traffic is permitted to proceed to any public or private
scale available for the purpose of weighing and determining whether this article has
been compIled with.
PART I.
RESTATE SECTION 17-12 (PENALTIES) OF ARTICLE II (TRUCK
ROUTES) OF CHAPTER 17 (TRAFFIC), OF THE CODE OF
ORDINANCES OF THE CITY OF EDGEW ATER, FLORIDA.
Section 17-12 is restated as follows:
Sec. 17-12. Penalties.
Any person, firm or corporation violating any provisions of this article shall be deemed guilty
of a misdemeanor in the second degree and upon conviction thereof shall be punished as provided
in section 1-8 of this Code. Each day that an offense is committed or permitted to continue shall
constitute a separate offense and shall be punishable hereunder.
PART J.
RESTATE SECTIONS 17-13, 17-14 (RESERVED) OF ARTICLE II
(TRUCK ROUTES) OF CHAPTER 17 (TRAFFIC), OF THE CODE OF
ORDINANCES OF THE CITY OF EDGEW ATER, FLORIDA.
Section 17-13 and 17-14 are restated as follows:
Sees. 17-13, 17-14. Reserved.
StTllck tnrollg}1 passages are deleted.
Underlined passages are added.
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PART K.
RESTATE SECTIONS 17-15 -17-19 (RESERVED) OF ARTICLE II
(TRUCK ROUTES) OF CHAPTER 17 (TRAFFIC), OF THE CODE OF
ORDINANCES OF THE CITY OF EDGEW ATER, FLORIDA.
Section 17-15 - 17-19 are restated as follows:
Sees. 17-15 - 17-19. Reserved.
PART L.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PARTM.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PARTN.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance" may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts L through P shall not be codified.
PART O.
EFFECTIVE DATE.
This Ordinance shall take effect upon adoption.
StTll~k tnrnllgn passages are deleted.
Underlined passages are added.
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PARTP.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Hammond, the vote on
the first reading of this ordinance held on September 24, 1998, was as follows:
Mayor Randy G. Allman
AYE
Councilman Jim Gornto
AYE
Councilman Myron F. Hammond
AYE
Councilman Gary W. Roberts
AYE
Councilwoman Judy Lichter
AYE
After Motion by Councilman Gornto and Second by Councilman Hammond, the vote on the
second reading of this ordinance was as follows:
Mayor Randy G. Allman
AYE
Councilman Jim Gornto
AYE
Councilman Myron F. Hammond
AYE
Councilman Gary W. Roberts
AYE
Councilwoman Judy Lichter
AYE
Strllck throlleh passages are deleted.
Underlined passages are added.
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PASSED AND DULY ADOPTED this 19th day of October, 1998.
Swn ,k thmugb passages are deleted.
I Inderlmd passages are added.
CITY COUNCIrAFORIDA
CITY OF E /
y B, (I
Randy G. Allmaa
Mayor
Dated: d4l4Hf5
APPROVED FOR FORM
AND CORRECTNESS:
Nikki Clayton
City Attorney
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