04-65 ORDINANCE NO . 4-65
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
PROVIDING THAT THE CODE OF ORDINANCES, CITY OF
DELRAY BEACH, FLORIDA, BE AMENDED BY ADDING A SEC-
TION REGULATING THE PARKING, STORING OR KEEPING OF
CERTAIN COMMERCIAL VEHICLES, BUSSES, TRUCKS, BOATS,
BOAT TRAILERS, HORSE VANS, AND INDUSTRIAL EQUIPMENT
WITHIN THE RESIDENTIAL DISTRICTS OF THE CITY OF
DELRAY BEACH.
WHEREAS, the City Council of the City of Delray Beach,
Florida, after due consideration, believes that the best interests
of the City of Delray Beach, Florida, shall be served by regulating
the parking, storing or keeping of certain commercial vehicles,
busses, trucks, boats, boat trailers, horse vans, and industrial
equipment within the residential districts of the City of Delray
Beach, and
~EREAS, the said regulations have been referred to the
Planning and Zoning Board for study and recommendation, and
WHEREAS, the Planning and Zoning Board, after investiga-
tion, has recommended that the regulations be adopted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA:
SECTION 1. That the Code of Ordinances of the City of
Delray Beach, Florida, be amended by adding a section which shall
read as follows:
Section 29-17. Parking regulations in residential
districts.
The following regulations shall apply to all resi-
dential districts as defined on "Zoning Map of
Delray Beach, Florida, 1960":
(a) DEFINITIONS
(1) The term "commercial vehicle" shall mean
every vehicle designed, used or maintained primarily
for the transportation of property.
(2) The term "boat trailer" shall mean a trail-
er which is used for or is designed for use in carry-
ing boats.
(3) The term "industrial equipment" shall mean
farm tractors, ... implements, bulldozers, drag lines,
cranes, derricks, heavy earthmoving equipment normally
used in farming, excavation and/or heavy construction
activities.
(4) The term "horse van" shall mean a trailer
which is used for or is designed for use in carrying
horses.
(b) Motor Vehicles Prohibited or Restricted in Resi-
dential Districts.
Page 2. Ordinance No. 4-65
(1) It shall be unlawful for any owner, agent,
operator or persons in charge of any truck or other
commercial vehicle, boat, boat trailer, or horse van
to park, stop, store or keep same on any im/blic street,
avenue, alley or other thoroughfare or any right-of-
way therewith within any residential district in the
City of Delray Beach for a period exceeding one (1)
hour in any twenty-four (24) hour period, each such
period commencing at the time of first stopping or
parking unless a permit is first obtained from the
Police Department of the City.
(2) It shall be unlawful for any owner or lessee
of real property in any residential district in the
City of Delray Beach to park on, cause to be parked
on, or allow to be parked on his, its or their resi-
dential property any truck, horse van, or other com-
mercial vehicle of greater than 3/4 ton capacity for
a period exceeding one (1) hour in any twenty-four
(24) hour period unless same is in an enclosed garage.
Each such period shall commence at the time of first
stopping or parking unless a permit is first obtained
from the Police Department of the City, and as may be
otherwise provided in this Ordinance. This restric-
tion shall also apply to the owner, agent, operator
or person in charge of any such vehicle in the event
said person is not the owner or lessee of said real
property. Also the parking of boats and boat trailers
on residential property shall be unlawful unless same
is in accordance with Section (d) (2) herein.
(c) Delivery and construction vehicles; emergency
repairs.
(1) The restriction of Section (b) shall not
apply to the temporary parking of such vehicles on
private property in residential districts whereon
construction is under way, for which a current and
valid building permit has been issued by the City of
Delray Beach, and said permit is properly displayed
on the premises.
(2) The restrictions of Section (b) of one
hour in residential districts shall not apply to
routine deliveries by tradesmen, or the use of trucks
in making service calls providing that such time in
excess of one (1) hour is actually in the course of
business deliveries or servicing, as the case may be.
(3) The restrictions of Section (b) shall not
apply to a situation where such vehicle becomes dis-
abled, and, as a result of such emergency, is required
to be parked within a residential district for longer
than one (1) hour. However, any such vehicle shall be
removed from the residential district within twenty-
four (24) hours by wrecker towing if necessary, re-
gardless of the nature of the emergency.
(d) Permissive Parking.
(1) A panel, pick-up, or similar type of truck
or commercial vehicle of not over 3/4 ton rated capa-
city may be parked on a plot in a residential district.
Page 3. Ordinance No. 4-65
However, such vehicle must be used by a resident of
the premises and no more than one such truck to each
plot.
(2) A boat, or boat trailer designed to carry
a boat, with or without a boat thereon, may be parked
on private propertyin residential districts provided
it is owned by a resident of the premises. However,
if such boat or trailer is parked in any front yard
in said districts, it must not exceed twenty-three (23)
feet in overall length and must be in a state of good
repair and be maintained in a neat and orderly condi-
tion.
(e) Industrial equipment prohibited or restricted in
residential districts.
(1) It shall be unlawful for any owner, agent,
operator or person in charge of any industrial equip-
ment to park, stop, store or keep such equipment on
any public street, avenue, alley, or other thorough-
fare, or any right-of-way therewith, within any resi-
dential district in the City of Delray Beach any time
unless moving directly to or from or actually located
at any excavation or construction site whereon con-
struction, clearing, removal of debris or other build-
ing and/or excavation activities are either currently
under way or will commence within the next twenty-four
(24) hours and for which a current and valid permit has
been issued by the City of Delray Beach and said permit
is properly displayed on the premises. Industrial equip-
ment used in lot clearing, tree trimming or removal,
lawn care and related services are also included herein
although a specific building permit may not be required
and nothing in this Ordinance is intended to require a
building permit where none is otherwise required.
(2) It shall be unlawful for any owner of property
in any residential district in the City of Delray Beach
to park on, cause to be parked on, or allow to be parked
on his, its or their residential property any industrial
equipment, as previously defined in this Ordinance, at
any time unless such industrial equipment is used on
property whereon construction, clearing, removal of de-
bris and/or other similar activities are currently under
way or will commence within the next twenty-fo~.~;
~:ours and for which a current and valid perm~.'.~ ~.~ been
~ssued by the City of Delray Beach and said
properly displayed on the premises.
Heavy equipment used in lot clearing, tree ~.imming
or removal, lawn care and related services are also in-
cluded herein although a specific building permit may
not be required and nothing in this Ordinance is intended
to require a building permit where none is otherwise re-
quired. However, mowers, clippers, edgers, drills, saws,
sanders and other normal tools and implements of nome,
lawn and garden maintenance and repair, whether motorized
or not, are not considered to be industrial equipment.
(3) Exempt from the foregoing provisions are items
of industrial equipment in actual use or moving directly
to or from the location of actual use:
Page 4. Ordinance No. 4-65
(A) Owned or leased by the City of Delray
Beach for the accomplishment of a municipal purpose
such as tree trimming, road repair or construction,
water or sewerage system repair or construction,
maintenance of street and traffic lights and/or simi-
lar activities.
(B) Owned or leased by a contractor or sub-
contractor under agreement with the City to accomplish
a municipal purpose as provided above.
(C) Owned or leased by a recognized public
utility operating within the City of Delray Beach, or
by a contractor or sub-contractor under agreement with
such public utility for the accomplishment of some in-
stallation, maintenance, adjustment, and/or repair to
such public utility.
(f) Nothing contained in Section (b) of this Ordinance
permitting the parking of one (1) truck type vehicle,
3/4 ton rated capacity or less on a plot in a residen-
tial district shall be considered permission to engage
in any type of commercial activity from any location
within a residential district unless otherwise permitted
in this Chapter.
(g) The Chief of Police of the City of Delray Beach or
his duly authorized designee may issue, upon proper ap-
plication therefor by the owner or his authorized re-
presentative to the Police Department, a permit extending
the parking time limits set forth in Section (b) of this
Ordinance up to, but not exceeding twenty-four (24) hours
upon establishing that such permit is requested in good
faith for a reasonable cause shown or demonstrated to
the Chief of Police or his designee and not for the pur-
pose of avoiding the intent or objectives of this Ordi-
nance.
(h) This Ordinance is primarily for the purpose of pro-
tecting residential zoning. Therefore, any Ordinances
of this City or laws of this State providing for the
regulation of motor vehicles are in addition to this
Ordinance and wherever any provision of some other Or4i-
nance or applicable statute, whether primarily for .the
regulation of motor vehicles or for purposes of zoning,
imposes more stringent requirements, regulation~, restric-
tions or limitations than are imposed or requi~c=d by the
provisions of this Ordinance, then the more stringent re-
quirements, regulation~ .~estrictions or limitations shall
apply.
(i) The non-conforming use provisions of this chapter
shall not apply to these sections.
(j) This section shall not be construed as authorizing
trucks to utilize any street or other public thorough-
fare of the City over which such vehicular traffic is
now or hereafter prohibited by ordinance or lawful order
of the Police Department.
(k) Any person, firm or corporation violating any of
the provisions of either this section or Section 29-15,
Page 5. Ordinance No. 4-65
upon conviction thereof, shall be punished as provided
in Section 1-6 of this Code.
SECTION 2. If any section, sub-section, sentence, clause,
phrase or portion of this Ordinance is held invalid or unconstitu-
tional by any Court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision; such
holding shall not affect the validity of the remaining portions
hereof.
Passed in regular session on the second and final reading
the 12th day of April, 1965.
Mayor
ATTEST:
' ~ Clty Clerk /
First reading February 22, 1965
Second reading April 12, 1965
DELRAY BEACH NEWS JOURNAL
Published Serrfi.Weekly
Delmy Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
NewsJouma], a sem~-weekly newspaper pub~hed
that fl~e attached cop), of adve_Cdsement,
in the ~ Court, w~ pub~E in ~ new~paper in the
Affiant further says that the said Delray Beac~ News-Journal is a newspa~ published at Delray
Beach, in said Pslm Beach County, Florida, and that the said newspaper has heretofore been
continuously published in said Palm Beach County, Florida, each week and has been entered
as second class mail matter at the post office in Delmy Beach. in said Palm Beach County,
Florida, to~ a period o! one year next pvecedisg the/h'st publication of the attached copy of ad-
ver~.anent; and affiant/urthe~ says that he has neither paid nor promised any person, finn
corporation any discount, rebate, com~i~ion or refund for the purpose of securi~ this adver-
tisement iov publication in the said newspaper.
~, ~J~ISC, STATE OF FLORIDA AT LARGE
MY COMMISSION ~EXPIR£S ecl. 25, 1966
DELRAY BEACH NEWSJOURNAL
Published Semi-Weekly
Delray Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STA~ OF FLOmrDA ~
!
News-,loumal, a semi-weekl7 newq~aper publkshed..~' ~ ~ _~-. ~.?g~at Delta7 Beth in .Pal]p ..Ben.aeC.
.adfiant further sa~s that the saicl I~lray Beach New~oumal is a newspaper publk~Jerl at Delray
Beach, in said Palm Beach County, ~lorida, and that the saicl newspaper has heretofore been
continuously publisl~ed ~ said Palm Beach CotmBr, l*lorida, eae_~h week mad has been entered
as seeoncl class mail matter at the post office in Delray Beach, ~a sakl Palm Beach CounB~,
Florida, lot a period ol one year next preceding the first publication of the attached copy of aclo
vertisement; and offiant further says that he has neither lXaicl nor promised ax~ person, f~n or
corporation any discount, rebate, commission or refund for the lmrpose of securing th~ adver-
tisement lot publication Lq the said newspaper. ·
.... ..................
PUBL~_,~oTAIE FLOJtl0I IT LARGE
AI¥ COMMISSION EXPIRES OCT. 25, 1966