2012-O-11 ORDINANCE NO. 2012-0-11
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, REPEALING AND RESTATING ARTICLE II
(TRUCK ROUTES) OF CHAPTER 17 (TRAFFIC) IN ITS
ENTIRETY; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE, ADOPTION
AND CODIFICATION.
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, Article II (Truck Routes) of Chapter 17 (Truck Routes) has not been
modified since 1998 (Ordinance #98-0-07).
WHEREAS, this modification will continue to enable 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.
WHEREAS, repealing and restating Article II (Truck Routes) of Chapter 17 (Traffic) in
its entirety will correct various scriveners errors and bring the Chapter into compliance with
updates and various modifications to be consistent with City policies and regulations.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. REPEALING AND RESTATING ARTICLE II (TRUCK
ROUTES) OF CHAPTER 17 (TRAFFIC) IN ITS ENTIRETY
OF THE CITY OF EDGEWATER CODE OF
ORDINANCES, CITY OF EDGEWATER, FLORIDA.
Repeal and restate Article II (Truck Routes) of Chapter 17 (Traffic) in its entirety of the
City of Edgewater Code of Ordinances, Edgewater, Florida as set forth in Exhibit "A" and
Exhibit "B" which are attached hereto and incorporated herein.
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PART B. 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ordinance, are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, 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 by a court of competent jurisdiction,
such holding shall not affect its applicability to any other person, property, or circumstance.
PART D. 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 B through F shall not be codified.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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PART F. ADOPTION.
After Motion to approve by Councilman Ignasiak with Second by Councilman Emter, the
vote on first reading/public hearing of this ordinance held on October 15, 2012, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Justin Kennedy X
Councilwoman Gigi Bennington EXCUSED
Councilman Michael Ignasiak X
Councilman Gene Emter X
After Motion to approve by 1i/ I � , ith Second by An „ r n,Q#vri
the vote on second reading/public hearing of this ordinance held on November , 2012, was
as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Justin Kennedy A i3
Councilwoman Gigi Bennington
Councilman Michael Ignasiak
Councilman Gene Emter
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0 0
PASSED AND DULY ADOPTED this W-h day of November, 2012.
ATTEST: CITY COUNCIL OF THE
CITY F� � � F
1� ]GYVV.�S1.�Li o,va�D B
Bonnie WeazelMike
Thmas
City Clerk ayor
e e R]ICs�,
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this L&±h day
legality by: Aaron R. Wolfe, Esquire of November, 2012 under Agenda Item No.
City Attorney 8(_.
Doran, Sims, Wolfe & Kundid
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Exhibit "A"
ARTICLE II (TRUCK ROUTES)
of
Chapter 17 (TRAFFIC)
REPEALING
Article II. TRUCK ROUTES is hereby repealed as follows:
Sec. 17 4. Short title.
This article may be cited at the Edgewater Truck Route Ordinance.
Sec 17 5. Definitions.
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
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
exceeds two thousand (2,000) pounds (one ton); provided however, that the
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.
All trucks within the city shall be operated only over and along the truck routes herein
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 as a destination point, provided streets upon which such
traffic is permitted are used until r aching the intersection nearest the destination point.
(b) Emergency vehicles. The operation of emergency vehicles upon any street in the
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• • •I - , • -- - - . . . . . • . . . . . . . •- . -, . .
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 trucks. 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.
(e) Public transportation. Which will include school busses, Volusia Transit System
("Votran"), church busses, and medical transport.
. . .
The following streets, and no others shall be used for truck traffic:
U.S. Highway 1;
West Park Avenue;
Mango Tree Drive south, between West Park Avenue and 16th Street;
16th Street east/west, to Hibiscus Drive;
Hibiscus Drive, between 16t Street south and Roberts Road;
26th Street east/west, between Hibiscus Drive and Silver Palm Drive;
Guava Drive south, between 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 Avenue;
Marion Avenue, to U.S. Highway 1;
Roberts Road;
30th Street;
Old County Road south, between West Park Avenue and Ocean Avenue.
It shall be unlawful for a truck to deviate from said designated streets except as provided
herein.
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) Northbound southbound. All trucks shall use U.S. Highway 1.
(b) Eastbound westbound. Trucks shall use West Park Avenue, Indian River
: . ' - - -- .. - •- _ _ _ , . e th
t" Street
and Roberts Road between the usterly city limits and the westerly city limit.
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Sec. 17 9. Truck traffic in the city.
(a) Outside origin.
(1) One inside destination point. All trucks entering the city for a destination
point in the city shall proceed only over an established truck route and shall deviate only at the
intersection with the deviating street, upon which such traffic is permitted, n arest to the
destination point, a deviating truck shall return to the truck route by the shortest permissible
route.
(2) Multiple inside destination points. All trucks entering the city for multiple
destination points shall proceed only over established 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
permitted. Upon leaving the last destination point a deviating truck shall return to the truck route
by the shortest permissible route.
(b) Inside origin.
(1) 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 direction
over streets on which such traffic is permitted to a truck route as herein established.
(2) Inside destination points. All trucks, on a trip originating in the city, and
traveling in the city for destination points in the city shall proceed only over streets upon which
such traffic is permitted.
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 U.S. Highway 1.
Sec. 17 11. Enforcement.
(a) Clerk maintains maps. The city clerk shall keep and maintain accurate maps
setting 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 public.
(b) Director of parks and recreation/maintenance maintains signs. The director of
parks and recreation/maintenance of the city shall cause all truck routes and those streets upon
which truck traffic is permitted to be clearly sign posted to give notice that this article is in
effect.
(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
the purpose of weighing and determining whether this article has been complied with.
Sec. 1712. Penalties.
Any person, firm or corporation violating any provisions of this article shall be deemed
provided in section 1 8 of this Code. Each day that an offense is committed or permitted to
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Sees. 17 13, 17 4. Reserved.
Sees. 17 15 17 19. Reserved.
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Exhibit "B"
ARTICLE II (TRUCK ROUTES)
of
Chapter 17 (TRAFFIC)
RESTATING
Article II. TRUCK ROUTES is hereby restated as follows:
Sec. 17-4. Short title.
This article may be cited at the Edgewater Truck Route Ordinance.
Sec 17-5. Definitions.
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 or combination of vehicles designed and operated for the
transportation of goods, products, waste matter or other property of any type; including trailers
and truck tractors but not including pickup trucks, station wagons or similar light vehicles
designed for carrying small loads of property or passengers interchangeably. Such light vehicles
shall be subject to the regulations of this article if they have been altered or modified as to
materially increase their cargo capacity, in which case said vehicles shall be classified as trucks
for purposes of this article.
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.
Sec. 17-6. Application of regulation.
All trucks within the city shall be operated only over and along designated streets
established as the truck routes.
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.
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(b) Emergency vehicles. The operation of emergency vehicles upon any street in the
city.
(c) Public utilities. The operation of trucks owned or operated by the state, county,
city, public utilities, any contractor or material person, while engaged in providing a public
service, the repair, maintenance or construction of streets, street improvements, or street utilities
within the city, or other public business.
(d) Detoured trucks. 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.
(e) Public transportation. Which will include school buses, Volusia Transit System
("Votran"), church buses, and medical transport.
(1) Exceptions by the Police Chief. The Police Chief is authorized to permit the
movement of vehicles having a greater width or having a load of greater length than specified in
this article upon application to his office for special permission.
Sec. 17-7. Designated streets for truck use.
The following streets, and no others shall be used for truck traffic:
Interstate 95;
U.S. Highway 1;
West Park Avenue;
Indian River Boulevard (S.R. 442) - west of U.S. Highway 1;
Old Mission Road;
Mango Tree Drive south - between West Park Avenue and 16t" Street;
16th Street east/west - Hibiscus Drive to Mango Tree Drive;
Hibiscus Drive between 16th Street south and Roberts Road;
26th Street east/west - between Hibiscus Drive and Silver Palm Drive;
Guava Drive south- between Indian River Boulevard (S.R. 442) and 28th Street;
Fern Palm Drive north- Indian River Boulevard (S.R. 442) to 16th Street;
16th Street -to Industrial Avenue;
Industrial Avenue - to Marion Avenue;
Marion Avenue - to U.S. Highway 1;
Roberts Road;
30th Street;
Old County Road south - between West Park Avenue and Ocean Avenue;
Silver Palm Drive north—between 30th Street and 22" Street;
Air Park Road north—between 22"d Street and West Park Avenue.
Flagler Avenue—north of Park Avenue
Parktowne Boulevard
Timaquan Trail
Megan Z Avenue
Pullman Road
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Base Leg Drive
Dale Street
It shall be unlawful for a truck to deviate from said designated streets except as provided
herein.
Sec. 17-8. Truck traffic in the city.
(a) Outside origin.
(1) One inside destination point. All trucks entering the city for a destination
point in the city shall proceed only over an established 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 by the shortest permissible
route.
(2) Multiple inside destination points. All trucks entering the city for multiple
destination points shall proceed only over established 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 by 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
by the shortest permissible route.
(b) Inside origin.
(1) 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 direction
over streets on which such traffic is permitted to a truck route as herein established.
(2) Inside destination points. All trucks, on a trip originating in the city, and
traveling in the city for destination points in the city shall proceed only over streets upon which
such traffic is permitted.
Sec. 17-09. Speed limits.
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 U.S. Highway 1.
Sec. 17-10. Enforcement.
(a) Clerk maintains maps. The city clerk shall keep and maintain accurate maps
setting 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 public.
(b) Chief of Police. The chief of police shall coordinate with the appropriate city
staff to assure that all truck routes and those streets upon which truck traffic is permitted to be
clearly sign-posted to give notice that this article is in effect.
(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 complied with.
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Sec. 17-11. 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.
Secs. 17-12 thru 17-19. Reserved.
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