07-22-19 Workshop Handout - Atty. Durden712-Z119
7/16/20169 jh; d&
ORDINANCE NO. 75-19-21
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 21, TRAFFIC
AND MOTOR VEHICLES, ARTICLE II — STOPPING, STANDING AND
PARKING ON PUBLIC PROPERTY, TO ADDING NEW DIVISION 3,
CONTROLLED AND METERED PARKING; PROVIDING FOR
FINDINGS OF FACT, FOR CODIFICATION, TION FO APPLICABILITY,
I A RTL ITV
FOR CONFLICT, FOR SEVERABILITY, AND FOR AN EFFECTIVE
DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution provides that
municipalities shall have governmental, corporate and proprietary powers to enable municipalities
to conduct municipal government, perform municipal functions and render municipal services;
and
WHEREAS, pursuant to the referenced provision of the Florida Constitution, a city may
exercise any power for municipal purposes except as otherwise provided by law; and
WHEREAS, the City Commission desires to create regulations as part of Chapter 21 of
the Code of Ordinances establishing provisions and procedures to authorize and regulate
controlled and metered parking within the boundaries of the City; and
WHEREAS, the City Commission of the City of Atlantic Beach has determined that it is
necessary to amend Chapter 21 to add controlled and metered parking as set forth below:; and
WHEREAS, the City Commission considered this Ordinance after proper public notice
and comments from staff and the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Regulation Amended. That eetion 21 2Article II of Chapter 21, Traffic and
Motor Vehicles, of the Code of Ordinances of the City of Atlantic Beach are -is hereby amended
to add new Division 3 usomss. — Controlled and Metered Parking, as follows:
Division 3. - ARTICLE 4I: -CONTROLLED AND METERED PARKING
See -21-42 Pa -kine meteir zone atien.—.Sec. 21-43. — General provisions.
a) The Citv Manaaer. after review by the Citv Commission, is authorized: to establish
controlled and/or metered parking zones ("metered parking zones") within the City of Atlantic
Beach; to designate parking spaces within such metered parking zones; for autow,, biles �
riyt- Viand to fix the time limitations for lawful parking in a manner consistent with the
schedule of metered parking zones. The City Manager, after review by the City
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Commission, shall establish the schedule and hours during which persons will be required to
make payment for the use of a designated parking space within a metered parkin zone.
one.
(b) Notwithstanding any other provision of the Atlantic Beach Code of Ordinances and Tto
the extent permitted by law- and after review by the City Commission, the City Manager is
authorized to delegate the implementation and enforcement of this article -Division 3 to a p6yAe
"district parking operator" which may be an individual, City personnel or a public or
private entity. As used in this -aisle Division 3, the term "district parking operator" means such
p>",ate-en#15—duly designated person or entity, or, in the absence of a private entity duly
designated person or entity, shall mean city personnel authorized to implement and enforce this
a#iele Chapter 21.
(c) Any person convicted of violating any section of this A+66—a Division 3 shall be
punished as provided in this Chapter 21, Traffic and Motor Vehicles.
See. 21 45—.(d)- Installation and removal of parking meters and posts and kiosks.
ail The Citv Manager shall direct narking meters or kiosks to be installed under the
authority of this article -Division 3 and to be placed within City rights-of-way or upon
the curbs adjacent to the designatedparking spaces located within metered parking
zones. Each meter, post or kiosk shall carry upon its face operating instructions for
the collection of payment and parking time limitations.
(bii) Parking meters, a*d--parking meter posts or kiosks may be temporarily removed
and/or reinstalled by the district parking operator to facilitate construction or repair
work, providing such construction or repair work has been permitted or and approved
by the City of Atlantic Beach.. Any person desiring such temporary removal of a
parking meter, an44w--parking meter post and/or kiosk shall apply to the district
parking_ operator for a permit and shall pay the actual costs incurred for removal
and/or reinstallation of the meters, -armor-meter posts and kiosks. In addition to the
removal pen -nit fees provided for in this subsection, the permit holder shall pay to the
district parking operator, at the time of issuance of the permit, the monthly or daiW
parking trental charge as set forth in seetion 21 49 of this Division for the
duration of the removal period.
See.—(e) Marking of parking spaces.
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(ia) The City Manager, if it is deemed necessary or appropriate in the interest of the
proper regulation of traffic and parking, is authorized to clearly mark designated
parking spaces by placing painted lines upon the city curbs and streets
yarkinR mete,.s within metered parking zones. It shall be unlawful to park a vehicle
across a line or marking so that the vehicle is not entirely within the area for parking
designated by lines or markings.
(iib) When a designated ted parking space located within a eentr-olled
parking zone whether marked by lines or not, is parallel with or diagonal to the
adjacent curb sidewalk or edge of pavement, a vehicle, with the exception of
motorcycles, shall be parked head -in armor, if there is a parking meter in the space so
that the front of the vehicle is nearest to the parking meter and facing in the same
direction as the traffic flow on the applicable side of the street. —an4-iIt shall be
unlawful to park a vehicle in flit -a designatedparking space in any other manner.
Sec. 21-447. - Metered parking charges; overtime parking; renting parking -meter -s spaces.
(a) When a vehicle is parked or standing in a designated parking space located within a
metered parking zone the vehicle operator shall immediately deposit or cause to be deposited in
the parking meter or kiosk payment required for the parking according to the rate specified upon
the face of the meter or kiosk using approved methods of payment as displayed on the meter or
kiosk. Upon payment the designated parking space may be lawfullypied by a vehicle
during the period of parking time which has been prescribed for the metered parking zone or for
that portion of time covered by the payment so deposited, whichever is less. If the vehicle
remains parked in the designated parking space beyond the parking time fixed for that metered
parking zone or the parkin time ime paid for by the payment, whichever is less, the vehicle shall be
considered illegally parked.
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(b) The district parking operator is authorized to issue permits and to rent designated
parking spaces in the metered parking zone to construction and repair entities for the purpose of
facilitating, the temporary needs of such entities for working space on city streets for the period
of time during which the work is being performed and for such other lawful use as determined by
the city commission. Signage to indicate such rental use shall be placed in each space so rented
and shall be issued by the district parking operator.
(c) No person shall deposit any additional payment in a parking meter or kiosk for the
purpose of increasing or extending the parking time for a vehicle beyond the lawfulap rkin tg ime
limitation which has been established for the metered parking zone in which the mace is located.
(da) The rates and charges for the use of the services and facilities of designated parking
spaces in located within metered parking zones are fixed at a
minimum of $1.00 for each 30 minutes as of the initial implementation and oaf ,., onwnt
adoption of this Division 3. The City Manager is authorized to modify rates, establish minimum
and maximum daily and monthly rates and establish time zones as may be required to meet
market demands. Such modifications and designations are subject to review by City
Commission, but do not require additional Commission action.
(eh) No payment shall be deposited in a parking meter or kiosk in a slot other than the slot
clearly designated for the purpose of accepting_pMgnent of the particular denomination and type
deposited. If a parking meter or kiosk is designed to accept a denomination and type of payment
which, at the established rental rate e -f- for parking in the metered parking zone in which the
meter or kiosk is located, would result in an overpayment forap rking, an instruction shall be
placed on the meter or kiosk that the deposit of the payment will not afford additional lawful
parking time, and such payment shall not afford additional lawful parking time in the designated
space.
(fd) 'fir„ Seyte 4e �
can be ptir-ehased at eity hall for only the use of paid In the event metered parking zones
are established along 10'b Street, 18"' Street and—or 19th Street in �^ tlantie Btaehan annual
parking pass may be purchased from the City to authorize parking in such metered parking
zones. The annual rate for Atlantic Beach residents shall be $40 and $80 for non-residents and
shall be prorated on the basis of the City's fiscal year. (Not triggered until a designated parking
zone has been established for these parking areas.)
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(g) No person shall deposit or cause to be deposited in a parking meter or kiosk a false or
counterfeit bill, or object other than lawful tender of the United States. If a false or counterfeit
bill or other object is discovered the Chief of n„';, o Director of Public Safety or designee shall
be notified.
(h) No person shall deface, injure, tamper with, open, impair the usefulness of or otherwise
damage a parking meter, post or kiosk.
(i) No person except the district parking operator, an employee of the City or an
authorized agent or employee of the district parking operator, shall remove or cause to be
removed money from a parking meter or kiosk.
(j) Under this -article Division, no person shall dispose of a parking ticket except in the
manner provided by law.
Sec. 21-4554. - Immobilizing and towing of vehicles. Notwithstanding any other provisions of
this Atlantic Beach Code of Ordinances, the following shall be applicable within all metered
parkin zones:
ones:
(a) The City or the district parking operator, upon approval from the Chief of Police
Director of Public Safety or designee, is authorized to attach a device that is capable of
immobilizing a motor vehicle so that it cannot be moved under its own power whenever such
vehicle is found to be illegally parked in violation of this -article Division, provided there are
three outstanding parking tickets issued to the same vehicle under this -article Division.
(b) The immobilizing device shall be attached to the motor vehicle at the location where
the vehicle is parked except that no motor vehicle shall be immobilized within the traveled
portion of a street or on a portion of a street when immobilization at such location will create a
hazard to the public or traffic on the street. At the time the immobilizing device is attached to a
motor vehicle a notice shall be affixed to the windshield or other prominent place on the motor
vehicle stating the following:
(1) The immobilizing device has been so attached;
(2) The operator should not attempt to operate the motor vehicle while the
immobilizing device is attached;
(3) The total amount of fines and charges due for illegal parking and immobilization;
and
(4) Where the operator may pay the fines and charges to have the immobilizing
device removed from the motor vehicle.
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(c) The immobilizing device shall be removed from the motor vehicle upon payment to
the ais+�^* ..,.,,.kinf, tof of the total fines and charges due. The City Manager or designee or
the district parking operator may pprove the removal of the immobilizing device upon obtaining
a satisfactory arrangement for payment of the fines and charges or uponop sting of a cash or
surety bond in the amount of the fines and charges due if the owner or operator of the vehicle
desires to contest the parking citation issued to the vehicle.
(d) The district parking operator, upon approval of the Chief of D04ee Director of Public
Safety, or designee, may cause to be towed and impounded any motor vehicle immobilized under
this section if payment of fines and charges or satisfactory arrangements in lieu thereof have not
been paid or arranged within twenty four (24) hours of the attachment of the immobilization
device. As an alternative to immobilizing a motor vehicle as provided in this section, the district
parking operator, upon approval of the Chief of De4m Director of Public Safety or designee,
may immediately cause to be towed any illegally parked motor vehicle. All expenses for towing
and impoundment shall be the responsibility of the owner of the motor vehicle.
SECTION 2. Conflict. All ordinances, resolutions, official determinations or parts thereof
previously adopted or entered by the City or any of its officials and in conflict with this
ordinance are repealed to the extent inconsistent herewith.
SECTION 3. Severability. If a Court of competent jurisdiction at any time finds any provision
of this Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall be
deemed severable and removed from the remaining provisions of this Ordinance which shall
remain in full force and intact.
SECTION 4. Effective Date. This ordinance shall take effect upon final reading and approval.
PASSED by the City Commission on first reading this day of , 2019.
PASSED by the City Commission on second and final reading this day of
, 2019.
CITY OF ATLANTIC BEACH
Ellen Glasser, Mayor
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Brenna M. Durden, City Attorney
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