81-O-28ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE 81-0-14, CODIFIED
AT SECTION 17-4 OF THE EDGEWATER CODE OF ORDINANCES,
TO ESTABLISH A TRUCK ROUTE WITHIN THE CITY OF EDGE-
WATER, FLORIDA;
TING CERTAIN STREETS WITHIN
IC
ATING PENALTIES
OF SDEVIATION
AID NANCEREFTHE CITY FOR TRUCK RON; PROVIDINGLTIES FOR FOR
ITS ENFORCEMENT
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; DIRECTING THE CITY CLERK TO ADVERTISE
THIS ORDINANCE, AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA:
SECTION 1. That Section 17-4 et seq of the Edgewater Code
of Ordinances is hereby amended to read:
Section 17-4. Title: This Ordinance may be cited as the
Edgewater Truck Route Ordinance of 1981.
SECTION 17-5 Definitions. For the purposes of this Ordinance
the following terms, phrases, words, and their derivations shall
have the meaning given herein. When not inconsistent with the con-
text, 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 al-
ways mandatory and not merely directory.
(1) "City" is the City of Edgewater, Florida.
(2) "Deviating Truck" is a truck which leaves and departs
from a truck route while traveling inside the City.
(3) "Person" is any person, firm, partnership, association,
corporation, company or organization of any kind.
(4) "Truck" is any vehicle designed or operated for the trans-
portation of property, and whose body weight or whose combined body
and load weight exceeds 2000 pounds (1 ton); provided however, that
the term "Truck" as used herein shall not refer to a pick-up truck
or a van. or panel truck.
(5) "Truck Route" is a way over certain streets, as designated, -
herein, over and along which trucks coming into and going out of the
-
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City must operate.
SECTION 17-6 Application of Regulation. 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.
(1) Exceptions. This Ordinance shall not prohibit:
a. Operation on street of destination. The operation
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 City.
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 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.
SECTION 17-7 Designated Streets for Truck Use. The following
streets, and no others shall be used for truck traffic: U.S.
Highway 1, Park Avenue west of U. S.Highway 1, Indian River Boulevard
(S.R. 442) west of U.S.Highway 1, Mango Tree Drive South from Park
Avenue to 15th Street, and Roberts Road. It shall be unlawful for a
truck to deviate from said designated streets except as provided
herein.
V-o-a9
SECTION 17-8 Truck Routes Established. There is hereby
established within the City the following "Truck Routes":
(1) Outside Origin; Outside Destination. All trucks entering
the City for destination points outside the City shall
operate only over the following designated routes:
a. North-Southbound. All trucks shall use U.S.Highway 1.
b. East-West bound. Trucks shall use Park Avenue, and
Indian River Boulevard, from the westerly city limits
to U.S.Highway 1, and Roberts Road from the easterly
city limits to the westerly city limit.
SECTION 17-9 Truck Traffic in the City.
(1) Outside Origin.
a. One inside destination point. All trucks entering
the City for a destination point in the City shall pro-
ceed 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 re-
turn to the truck route by the shortest permissible
route.
b. Multiple inside destination points. All trucks enter-
ing 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 per-
mitted. Upon leaving the last destination point a
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deviating truck shall return to the truck route by
the shortest permissible route.
(2) Inside Origin.
a. Outside destination point. All trucks, on a trip
originating in the City, and travelling 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 es-
tablished.
b. Inside destination points. All trucks, on a trip orig-
inating 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.
SECTION 17-10 Speed Limits
a. The speed limit along streets designated as a truck
route which are under the jurisdiction of the City of
Edgewater shall be 30 miles per hour; provided however,
that this shall not apply to U.S.Highway 1.
b. The speed limit along that part of the truck route
established by Ordinance 79-0-22 being 16th Street
between Mango Tree Drive and Hibiscus Drive shall be
25 miles per hour.
SECTION 17-11 Enforcement.
(1) Clerk Maintains Maps. The City Clerk shall keep and main-
tain 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.
(2) Chief of Police Maintains Signs. The chief of Police of
the City shall cause all truck routes and those streets upon which
truck traffic is prohibited to be clearly sign -posted to give notice
that this ordinance is in effect.
a. Failure to Post. No personshall be charged with
violating the provisions of this Ordinance by reason
of operating a truck upon a street wherein truck
travel is prohibited unless appropriate signs are post-
ed on such street.
(3) Weigh-in.
The Chief
of
Police 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 Ordinance has
been complied with.
SECTION 17-12 Penalties. Any person, ;.firm or corporation
violating any provisions of this ordinance shall be deemed guilty of
a misdemeanor in the second degree and upon conviction thereof shall
be fined in an amount not exceeding $500.00 or be imprisoned in the
County Jail for a period not exceeding 60 days. Each day that an
offense is committed or permitted to continue shall constitute a
separate offense and shall be puniphable hereunder.
SECTION 17-13 Severability. If any section, subsection,sentence,
clause, phrase or portion of this ordinance is for any reason held
invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate and shall not affect the
validity of the remaining portions thereof.
SECTION 17-14 Repealer. All ordinances or parts of ordinances
and all resolutions or parts of resolutions in conflict herewith be
and same are hereby repealed.
SECTION 17-15 The City Clerk is directed to publish this
Ordinance as provided by law.
The Ordinance was introduced by Mr.The First reading of the above ordinance was read in full and
passed by a vote of the City Council of the City of Edgewater,Florida,
at a regular meeting of said council he u9 on the _ day of June,1981.
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The second reading of the Ordinance to be at a regular meeting
of the City Council to be held of
ROLL CALL VOTE AS FOLLOWS:
ATTEST
FIRST READING
S/-O -Ae
SECOND READING
city Clerk/
i
Approved this ay
m
Mayor-�-;�
councilman
ounce m
ouncilman
Councilman
P-o-ag