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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 - I)(1� a 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 ke-a 8 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. i/-a -ag 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