HomeMy WebLinkAboutOrdinance No. 1964-20-AMICROFILMED FlIiFN�GEt)
oRD. a69
3.13.80
AN ORDINANCE RELATING TO DISABLED MOTOR
VEHICLES BY PROVIDING RESTRICTIONS ON
DISABLED MOTOR VEHICLES: PROVIDI140 CIVIL
PENALTIES FOR VIOLATION) PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF TIM CITY OF CAPE
CANAVERAL, FLUhIDA:
SECTION ONE. Disabled 1•totor Vehicles
For the purposes of this ordinance, the term
disabled motor vehicle shall refer to any motor
driven vehicle regardless of size which is
incapable of being self- propelled upon the
public streets of Cape Canaveral or which does
not meet the requirements for operation upon
the public streets, including a current motor
vehicle license.
(1) FRONT & SIDE YARD: Disabled motor vehicles
shall not be permitted in a front or side yard
as defined by the zoning ordinance of the city-
provided, however, that a reasonable time (notl
to exceed 48 hours from the time of disability}}
shall be permitted for the removal or servicing
of a disabled vehicle in any emergency caused by
accident or sudden breakdown of the vehicle.
(2) REAR YARDS: One disabled motor vehicle may
be permitted in the rear yard of a residential,
commercial, or industrial lot as an accessory use
to the main use of the lot; provided, chat such
vehicle is not located in any open space required
by the zoning laws. Service and repair work may
be performed on such vehicle and parts, tools,
and equipment incidental to such service and
repair thereto may be stored and used. Nothing
contained herein shall be construed as authorizing
the disassembling, tearing down, or scrapping of
a motor vehicle, or to permit one motor vehicle
to be scavenged or stripped for parts for use on
another motor vehicle. Provided, however, that a
disabled vehicle shall not be permitted to remain
outside of a building for a period in excess of
thirty (30) days on any lot used for residential
purpose or on that portion of any lot within
twenty (20) feet of an abutting lot used for
residential purposes.
(3) GARAGE: Storage, service, and repair of a
disabled motor vehicle which is conducted entirely
within the confines of a completely enclosed
garage (not to include open carports) shall be
permitted; provided, that such vehicle is the
property of the owner or occupier of the lot and
that such use is not a commercial use of the
property, unless such use is authorized by other
ordinances of the city.
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3.13.80
(4) WHERE PERI4ITTED: Storage, repair, and
servicing of disabled motor vehicles not authorized
herein, and the tearing down, stripping, or junking
of motor vehicles shall be permitted, only where
and when such use is specifically authorized,
permitted, or licensed under other ordinances of
- the city, and in accordance therewith.
�Y
?`• (5) COMPLIANCE: It shall be the responsibility
of the property owner on whose property a disabled
vehicle is located to meet the requirements of this
Ordinance.
(6) ENFORCEMENT: It shall be the duty of the
Police Department to enforce the set -back re atrictions
of the Zoning Ordinance as they relate to this
ordinance and the Zoning enforcement office shall
assist and cooperate in such enforcement.
(a) When a disabled motor vehicle is found
to be in violation of this ordinance the Police
Chief or his deputy shall give the owner on whose
property the disabled motor vehicle is located a
notice that said vehicle is in violation of the Zoning
Ordinance and must be removed within ten (10) days.
Such notice shall be in writing and shall state the
date the ten (10) day notice shall expire and the
authority for any person having legal interest in
the vehicle to contact the Police Department and that
if the notice has not been complied with the Police
Department shall remove or cause to be removed the
disabled motor vehicle from the property and transfer
same to an auto wrecking yard approved by the City
Council for storage until redeemed at the owners
expense.
(b) All disabled vehicles removed in
accordance with the provision of this ordinance
shall be subject to a towing or removal charge of
$25.00, which shall be due by the property owner or
any person claiming an interest in the disabled
vehicle at the time of removal.
(7) RECORDS:
(a) The Department of Police shall keep a
complete record of all motor vehicles removed with
details as to the date of placing a ten (10) day
notice, date of removal, name and address of the
dealer to whom the vehicle was taken.
(b) The Police Department shall furnish to
the Director of the Motor Vehicle Division of the
State of Florida, a report with the following
information:
1. Location from where the disabled
• vehicle was removed.
v 2. All identification information
available.
3. The n= "d'addr -p
of dealer to whom the disabled
vehicle was taken.
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3.13.80
SECTION WO. The provisions of this Ordinance
shall not apply to antique automobiles as defined under
Florida General Law.
SECTION THREE. If any part of this Ordinance shall
be held void, such part shall be deemed severable, and the invalidily
thereof shall not affect the remaining parts of this Ordinance.
SECTION FOUR. This Ordinance shall become effective
upon its passage and as' provided by law.
ADOPTED BY CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, ON THIS THE 2 O DAY OF APRIL, 1965.
Mayor
ATTEST:
y . „Clerk/,
APPROVED AS TO FORM:
City Attorney
READ FIRST TIME April 12 ,. 1965.
READ SECOND AND FINAL TIME April.
20 1965.
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