HomeMy WebLinkAboutOrdinance No. 25-1965-A (Unverified)AN ORDINANCE RELATING TO DISABLED MOTOR
VEHICLES BY PROVIDING RESTRICTIONS ON
DISABLED I40TOR VEHICLES: PROVIDINd CIVIL
PENALTIES FOR VIOLATION) PROVIDING AN.
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA:
SECTIOW ONE. Disabled Motor 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 mgtor
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 -
pr ovided,
ity•provided, however, that a reasonable time (not(!
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, what 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 construgd 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 openrcarports), shall be
permitted; provided, that such vehicle i$ 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.
di
(4) WHERE PER14ITTED: Storage, repair, and
servicing, of disabled motor vehicles not authorized
herein, and the tearing down, stripping, or
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.
(5) C014PLIANCE: 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 restrictions
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 tem (10) day notice.ahall.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.
2. All identification information
available.
3. - The bane :.and: address
of,dealer to whom the disabled
vehicle was taken.
sEOTZON TWO. The provisions of this Ordinance
shall not apply to antique automobiles as defined under
Florida General Law.