HomeMy WebLinkAboutO-00-24ORDINANCE NO. O-00-24
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING
CODE OF ORDINANCES CHAPTER 98 TRAFFIC AND VEHICLES;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian recently amended Chapter 98 of the City Code to better
regulate parking on the unpaved shoulder of the right-of-way; and
WHEREAS, it has been determined that alterations are needed to address the needs of
commercial vehicles rendering services in the residential districts of the City and to clear up language
referring to repealed sections of the Land Development Code;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That section 98-34 of the Code of Ordinances, City of Sebastian, Florida is hereby
amended to read as follows:
Sec. 98-34. Exception; Commercial vehicles rendering services to
residences.
Commercial vehicles ~ rendering services to residences of the
City, such as lawn care trailers or mobile vendors, shall be allowed to park on
the Shoulder ~adioinin~, the lot beim, serviced, so lon~ as the ot>erator of such
yehicle., parked in the right-of-way r~laces at least three traffic cones alon~ the
side of the vehicle facin~ the travel lane. Said cones shall have a minimum
height of two feet. shall be orange or such other color as a~roved by the City
Enmneer. and one shall be ~laced a minimum ten feet from the end of the
vehicle that ~affic ao~roaches.
Section 2. That section 98-36 of the Code of Ordinances, City of Sebastian, Florida is hereby
amended to read as follows:
Sec. 98-36. Additional violations; Parking on street rights-of-way.
(a) For purposes of this section, a vehicle shall be considered to be parked
if it is stopped other than for the purpose of and while actually engaged in.
loading or unloading merchandise or passengers.
(b) No vehicle displaying a "for sale" sign may be parked on any street
right-of-way.
(c) No truck, van, or road tractor as ~c,,~: .... ,:~ ~c~ ^ ~ ~ I over
twenty-three (23) feet in length and/or nine (9) feet in height shall be parked on
any street right-of-way.
(d) Notwithstanding the exceptions of Sections 98-33, 98-34 and 98-35,
it shall be a violation for any vehicle to park across, or otherwise impede, the
crossing of a public sidewalk.
Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Section 4. SEVERABILITY. l.n the event a court of competent jurisdiction shall hold or
determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance
shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend
to enact such invalid or unconstitutional provision, It shall thrther be assumed that the City Council
would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following its
adoption by the City Council.
,..~.he foregoing Ordinance was moved roi' adoption ~ by Councilmember
~ . The ,notion was seconded by Councilmember ~.~ff~'t~_.._. _2~ and,
upon being put to a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop
Councilmember Joe Barczyk
Councilmember James Hill
Councilmember Edward J. Majcher, Jr.
The Mayor thereupon declared this Ordinance duly
December, 2000.
passed and adopted this
6th
day of
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Mayor Walter Barnes
Sa-'"~y A. l~i°' ~MC'
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City At/~rney