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HomeMy WebLinkAboutO-1985-003 u a ORDINANCE NO. 03-85 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, d PROVIDING GUIDELINES FOR THE OPERATION OF OFF-ROAD VEHICLES; PROVIDING FOR DEFINITIONS OF OFF-ROAD VEHICLES , MOTORCYCLES , ALL TERRAIN VEHICLES , OFF-ROAD, OWNER, TRAILER AND SWAMP BUGGIES ; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND 9 PROVIDING FOR AN EFFECTIVE DATE . f WHEREAS, it has come to the attention of the City Commission I of the City of Dania, Florida, that there exists a need to provide guidelines for the operation of off-road vehicles within the City of Dania, Florida ; and WHEREAS , the City Commission of the City of Dania, Florida, deems it to be in the best interest of the citizens and residents of the City of Dania, Florida, to regulate the operation of off- road vehicles in the City ; ! NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, THAT: i 1 Section 1 . Scope 1 1 This Ordinance is not to be read in conflict with pertinent State Statutes and/or City or County Ordinances pertaining to the use { and/or operation of off-road vehicles . 1 Section 2 . Definitions For the purposes of this Ordinance , the following terms , phrases , words and their derivation shall have the meanings given i herein. A. "Off-Road Vehicles" shall be defined as self-propelled vehicles designed primarily for use in off-road areas and shall in- clude , but not be limited to , motorcycles , all terrain vehicles , and swamp buggies . i i , r� i I i B. "Motorcycles" shall be defined as self-propelled (I�� vehicles having two (2) tandem wheels with solid or pneumatic j tires , having a steering bar or wheel and a saddle seat. This shall include, but not be limited to, vehicles designed for off-road and i on-road use. C. "All Terrain Vehicle (ATV) " shall be defined as a self-propelled vehicle with at least three (3) wheels with solid or i i pneumatic tires , having a steering bar or wheel and designed pri- marily for off-road use . I D. "Off-road" shall mean any public or privately owned unpaved area. i E . 'Owner" shall include, but not be limited to the title holder to real property, tenants thereon and members of their i immediate families . F. "Trailer" shall be defined as a mechanism designed i to transport motorcycles and/or ATVs and which is hitched to and propelled by a motor vehicle. G. "Swamp Buggy" shall be defined as a four (4) wheeled self-propelled vehicle designed primarily for operation in the wet- land areas located throughout the South Florida area. i Section 3. Manner of Operation A. Motorcycles , ATVs and/or swamp buggies shall not be operated on private property not owned by the operator of same and without the express and prior consent of the owner. ! B. ATVs shall not be operated on the public thoroughfares , but shall be transported therefrom and thereto by a vehicle designed to accommodate same or by trailer. C. The operation of motorcycles , ATVs and/or swamp buggies in off-road areas shall be prohibited during the hours of 9 :00 P .M. and 9 : 00 A.M. on weekdays and 8 : 00 P .M. and 10 : 00 A.M. on weekends and holidays Section 4 . Penalties Operation of motorcycles and/or ATVs in violation of this Ordinance shall be punishable by a fine of no more than FIVE HUNDRED DOLLARS ($500. 00) and up to ninety (90) days in jail . I J -2- F71-1 I Section 5 . In the event that any section or provision of this ordinance , or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be in- valid, such decision shall not affect the validity of the remainder i hereof as a whole or part thereof, other than the part declared to be invalid. i Section 6 . All ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict . Section 7 . This ordinance shall be in force and take effect immediately upon its final passage and adoption. PASSED and ADOPTED on First Reading on the 22nd day of January , 1985 . PASSED and ADOPTED on Second and Final Reading on the 12th day of February 1985 . i MAYOR - COMMISSIONER ATTEST: CITY CLERK - AUDITOR � i i APPROVED FOR FORM AND CORRECTNESS BY.� .d/ ( I�CaCCfini `�`. NK C. ADLER, City Attorney I 1 i, i -3- I II ' i J F NOTICE AR CRY COMMISSION f CRY OF DANIA, FLORIDA. RED" D NO ADOPTION OF A HIOPOSED THE SUN-TATTLER °"°w" NOTICE IS HERESY O Va"Rwt 1M city CammbrNln 01"CITY L HAS o1F1�dE WIN.a„"nisei thw4to11M by RN IMNw NMY m Established as The Hollywood Sun - January 4, 1935 MwMF rated.wR CORMNf A AINIC M RN City CRPNRInwlt HOLLYWOOD, BROWARD COUNTY, FLORIDA wr„o e, e°aNi ONa"IN°"J a Doha Flerwn to"dwr "'A p 111WOrwp01p M M�w0111a1N! enlHRe: AN ORDINANCE OF THE CITY OF OANIA.FLORIDA.PROVID- ING STATE OF FLORIDA "ArTION OF of AGAIa VEH° CL@!; on OVICING FOR COUNTY OF BROWARD DEFINITIONS OF OFFROAO Julie Bates ALL TERRAIN VEIRQEYCLES OFF- Before the undersigned authority personally appeared ROAD,OWNER,TRAR.EA AND Classified Manager FOR EIDO ESI PROVIDING on oath says (he/she) is FOR sE°ENVERAw°i Vi FROY1Dw INO THAT ALL ORDINANCES of THE SUN-TATTLER, a daily newspaper published at Hollywood in Broward AND Oft ResoiuT"IONJ DINANCOR PARTS Notice CONFLICT HEREWRN EE RE. OF RESOLVTIO s IN County, Florida; that the attached copy of advertisement, being a PEALED TO THE ERTESIT OF SOCH CONFLICT,AND PROVID- ING FOR AN EFFECTIVE Of I te'T rIQ NA Coot, M Wit 1000,11ee 11 I- .1 Is m RR M the epics or in the matter of City ^f Dania It,Cityottie EHw yBoulaya:a Dm1%Fiction,wM they,N I.- in the Contra- Apnm �iQ o,,— . .'"Hip nt y,L °FI"0 MIH"lee pw1le they Appear was published in said newspaper in the issue of Jan 31 1985 wlMw it riiii"Npw/m Moto r. r0"Ct IC ibe MwbumL Fwwn wM slOs"is Rw .. "IF my OscRe IIIRm N by" ` y 4 Porrom one za," EpwO M 4 aft CfASSW wRN ww Affiant further says that the said SUN-TATTLER is a newpaper published at Hollywood in IyHwe said Broward County,Florida,and that the said newspaperhas heretofore beenconlinuousl �"lMh* ille of the woow l Iw w area I R"E n published in said Broward County, Florida,each week and has been entered as second class w 6tre Preto~ a w@w@ matter at the post office in Hollywood in said County, Florida,for a period of one year next 0 ,004 ihw,y Preto who MIwsa e woo,who preceding the first publication of the attached copy of advertisement; and affiant further the aa"w Is to be Nws. /!y warm M RM says that he has neither paid nor promised any person, firm or corporation any discount, City CI,N rebate,commission or refund for the purpose of securing this advertisement for publication s'T J0"_ll, Ins Irsoi _ in the said newsp per. A Q� ..n Sworn to and subscribed before me this dayuf� 7CA 18 P�`I NOTARY PUBLIC WAL� rLXIC STPTF L7,"D:. LARCF MY - BChD,D THRJ G.,,IP,,L Ito .,.�....� • - ' fA. ... - - - '�'-At Ire